On January 6, 2021, the Labor Department published its ruling No. 032/001, which establishes the doctrine regarding the meaning and scope of “act or declaration of competent authority”, for the purpose of accessing additional transfers from the Unemployment Insurance Solidarity Unemployment Fund. Specifically, this opinion states the following:

1. That for purposes of determining whether a particular activity is affected by an “act or declaration of competent authority”, compliance with the requirements regulated in the Employment Protection Act must be met.

2. That the measures provided for in the “Step by Step” Plan, complying with the aforementioned requirements, could constitute an act or declaration of authority that allows the affected workers to access additional transfers from the Unemployment Insurance Solidarity Unemployment Fund.

3. That, the measures contained in Supreme Decree No. 102, as amended by Supreme Decree No. 455, both of the Ministry of the Interior and Public Security, relating to the temporary closure of places authorized for the entry and exit of foreigners, to the extent that they meet the aforementioned requirements, could constitute an act or declaration of authority authorizing the workers affected by the above-mentioned benefits.

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