What the Telework Law says in Chile

Given the number of companies that were forced to implement remote work, there was also the need to accelerate the reform of the Labor Code. This time, from Hispanic Entrepreneurs we review what the Telework Law says in Chile and we explain the most important points.

The road to reform

In order to modernize the law and protect employees who work remotely the reform of the Labor Code was proposed. Project approval was achieved on November 20, 2018, but has not been discussed further since then.

 

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The events in Chile for almost a year forced to accelerate the discussions. With the social outbreak of October 2019, many companies implemented remote work. Then the coronavirus pandemic accentuated the need to stay home.

In this way, the reform project was resumed at the end of 2019 and the Chamber of Deputies approved it on March 18, 2020.

The new regulations were incorporated into Title II, Book I of the Labor Code.

The reform was promulgated on March 24, framed in the Law 21.220 and began to rule in April.

With this law an effort is made to protect the rights of employees who work under this modality.

What does the teleworking law say in Chile?

Numerous companies are implementing the remote work. Depending on the line of business, some apply it in all departments, others only in those in which workers can carry out their work outside the company.

The Teleworking Law came to regulate this modality and establish uniform criteria for all employees. Therefore, one of the important premises is that it maintains the working conditions of the previous regulations, such as contracts, work and rest hours, participation in unions, etc.

What is considered teleworking?

Remote work is that which is carried out from a place other than those established by the company. For it to be defined as teleworking, technological, computer and telecommunication means must be used to carry out daily tasks.

Workers must report the results in this same way to the company.

The employer and the worker can agree on the place or places from which they will work. Or you can also leave it up to this one. The decision they make in this regard must be reflected in the contract.

When is this modality applied?

The parties can decide whether to apply telework from the beginning of the employment relationship or in the middle of it. In both cases, the agreement must be set out in the contract or in an annex to this document.

It is also possible combine face-to-face work with telework. And the employee has the right to enter the offices even when working remotely.

What is the telecommuter's schedule?

The schedules of the employees who work under this modality are governed by the current working day. As well as for the other rights established by labor regulation.

The worker can distribute the work schedule at his convenience. In addition, you have the right to disconnect for at least 12 hours in a 24-hour period. This implies that you are not obliged to attend to communications or orders in that period.

Rest days, permits and holidays must also be respected.

Can attendance be controlled?

Yes, the employer must establish mechanisms to control attendance remotely. In this way it verifies that the workers fulfill the tasks for which it is responsible.

What information should the contract have?

The agreement between the parties must make its conditions clear. There are a series of requirements that it must contain, among which are:

• Duration of the agreement.
• Methods to be used for attendance control.
• Specify if the agreement is for a specific time, indefinite or if it is limited to a specific period of the year.
• Working hours.
• Place or places where the employee will work or indicate if this is left to their free choice.
• If this modality will be applied partially or totally.

This agreement must be registered with the Labor Directorate.

About equipment and work material

The company must provide the tools, equipment and materials that the employee will use to perform their functions.

The worker is not obliged to use his own, but if he does, the employer must bear the maintenance and repair costs.

What are the conditions of the workplace?

The site from which the worker will work must comply with hygiene and safety regulations. The employer has to make sure that this is the case and request an inspection if necessary.

It must also determine the occupational risks and indicate to the worker how to prevent them.

What happens if either party retracts?

The Teleworking Law in Chile contemplates the right of withdrawal. This means that one of the two parties can request to return to the original conditions of the contract. There must be a 30-day prior notice for this.

If the employment relationship began as telework, there must be an agreement between the parties.

This is broadly what the Telework Law says in Chile. If you plan to apply this modality to reinvent your business and remain active you must know everything that the norm indicates.