CHILE Law and Practice Contributed by: Constanza Contreras, Gabriela Muñoz and Juan Francisco Reyes, SCR Abogados
• the minimum disconnection period for workers not subject to a weekly working hours limit. Although privacy protection is not a legally required element of the agreement, there is no legal restric - tion preventing the parties from including such provi - sions in the contract. The remote work or telework agreement must be registered with the Labour Bureau within 15 calendar days from its execution. If the remote work or teleworking arrangement is agreed upon after the employment relationship has begun, either party may unilaterally revert to the origi - nally agreed in-person work modality, by providing no less than 30 days’ prior written notice to the other party. Conversely, if the employment relationship was initially established under a remote work or telework- ing arrangement, any change to an in-person work modality shall require the mutual written consent of both parties. Throughout the period in which services are rendered under a remote work or teleworking arrangement, the employer shall retain its obligation to ensure the health and safety of the employee. If telework is performed at a specific location, the employer must ensure that the applicable health and safety standards are met. The employer may not enter the employee’s residence or any third-party premises where services are rendered without the prior authorisation of the employee or the relevant third party, as applicable. All equipment, tools and materials required for tel - eworking – including personal protective equipment – must be provided by the employer. Additionally, the employer must pay the employee the necessary expenses in the case of homework, including travel expenses when the employee is required to be physi - cally present at the employer’s facilities. Remote workers are entitled to the full scope of indi - vidual and collective rights set forth in the Labour Code (including social security coverage), except to the extent that such rights are incompatible with the specific provisions applicable to remote work or tel - ework. Furthermore, remote workers shall at all times have the right to access the employer’s premises. The employer must guarantee the employee’s participa -
tion in collective activities held at the workplace and shall bear all related transportation costs when pres - ence on site is required. In certain circumstances, the provision of services under a teleworking arrangement may be mandatory for workers who are responsible for the personal care of (i) a child under 14 years of age or (ii) a person with a disability or in a situation of severe or moder- ate dependency, regardless of their age, provided that they do not receive remuneration for such care. 5.2 Sabbaticals Chilean legislation does not expressly regulate the possibility of sabbatical leaves. However, there is no legal impediment for the parties to agree upon such leave in writing. During the period in which the employment contract is suspended due to a sabbati - cal leave, the employee continues to accrue time- based employment benefits, such as annual leave
and severance per years of service. 5.3 Other New Manifestations
While, in practice, new work arrangements such as desk sharing are in use, such arrangements are not specifically regulated under Chilean law.
6. Collective Relations 6.1 Unions
The Constitution recognises unions as legal entities and guarantees employees the right to freely form, join, refrain from joining or withdraw from a union. The Labour Code affirms the right of employees to estab - lish union organisations without prior authorisation, provided such organisations are formed in accord - ance with applicable laws and their respective gov - erning statutes. Membership to a union is entirely voluntary. 6.2 Employee Representative Bodies The primary function of a union is to represent its members in the implementation and enforcement of both individual and collective employment contracts or agreements. Additionally, unions act on behalf of
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