The Law Today

The Department of Labour sets the meaning and scope of the law that creates the Vaccination Work Permit.

01 Jul 2021

Introduction

On June 24, 2021, the Department of Labour, through ruling No. 1706/022, establishes the meaning and scope of Law No. 21.347, which creates a work permit for all workers to be vaccinated. Specifically, this ruling states the following:

1. The right granted to every worker by virtue of the new article 66 ter of the Labor Code can only be exercised in cases of public immunization programs or campaigns.

2.  In all those cases in which the immunization involves the inoculation of more than one dose of the respective vaccine, the worker shall be entitled to half a day of work leave for each one of them.

3.  The work leave referred to in the new article 66 ter of the Labor Code shall be considered as effectively worked for all legal purposes. Consequently, the employer must pay the respective salary. In addition, it does not admit any economic compensation, neither during the labor relationship nor at its termination.

4. On the other hand, the leave must be extended with enough time for the transfers to and from the place where the vaccine doses are administered. This extension must also be considered as time worked for all legal purposes, and, consequently, entitles to payment of salary.

5. In order to request the vaccination leave, the employee is required to give notice to the employer at least two days prior to the day on which he/she will make use of the right. This notice must be in writing.

6. The worker must justify to the employer the fact of having proceeded to the immunization through the certificate or document granted by the respective health authority.

7. The right to work leave applies in the same way both to workers who have agreed to a regular working day and to those who have agreed to a part-time working day.

Contact

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

JDF