On May 12, 2021, the Department of Labour issued a statement by means of ruling No. 1449/015, in which it explains the labor implications of the elections of Constituent Convention Members, Regional Governors, Mayors and Councilmen, to be held on May 15 and 16, 2021. Specifically, this statement indicates the following:
1. According to the Department of Labour, May 15 and 16 will be legal holidays throughout the country, thus constituting days of rest.
2. In turn, the Department of Labour states that the rest period corresponding to the elections to be held on May 15 and 16 must begin no later than 21:00 hrs. on Friday, May 14 and end at 06:00 hrs. on Monday, May 17, unless the respective workers are subject to rotating work shifts.
3. On the other hand, the ruling states that with respect to the workers listed in numbers 1 to 6 and 8 of article 38 paragraph 1 of the Labor Code, since they are exempted from the Sunday rest, they must work on May 15 and 16.
4. According to the Department of Labour, no commercial workers may work on May 15 and 16, except for those who work in the dispensing of fuel, those who work in emergency pharmacies and those who work in pharmacies on duty as established by the health authority.
5. According to the ruling, the modalities of home delivery or store pick-up service provided by retail workers may be made on May 15 and 16 only in the event that they are related to those workers who work in fuel retailing, those who work in emergency pharmacies and those who work in pharmacies on duty as set by the health authority.
6. According to the Department of Labour, workers who, due to the nature of their services, must work on the day of the elections, have the right to be absent from work for 2 hours, without their absence during said period meaning a reduction in their salaries. In this sense, the ruling states that the 2-hour period is the minimum time established by law to go to vote and, therefore, there is no inconvenience for the parties to agree on a longer period of time.
7. In addition, the Department of Labour states that the workers appointed as polling station officials; delegates of the electoral board; or members of the scrutinizing colleges, may be absent from work for the time necessary for the proper performance of such electoral functions, without the employer being entitled to make any discount in the salaries of the workers who must be absent for such reason.
Should you require additional information on this matter, please contact: Alfred Sherman (firstname.lastname@example.org) and/or Felipe Ovalle (email@example.com).