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Chile - Working time - 2011


LAST UPDATE

27 September 2011
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SOURCES


Name of Act

Decree Law No. 1 that issues the consolidated version of the Labour Code (DFL N°1 Fija el texto refundido, coordinado y sistematizado del codigo del Trabajo), of 31 July 2002, as amended up to Law No. 20,510 of 28 April 2011.
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Name of Act

Law No. 2977 fixing the public holidays (Ley No.2977 por el que el Ministerio del Interior fija los días feriados) of 1 February 1915.

Name of Act

Law No. 3810 issuing the October 12th a public holiday (Ley Núm. 3810 que declara feriado el día 12 de Octubre) of 14 November of 1921

Name of Act

Law No.18.432 issuing the June 29th of each year a public holiday (Ley 18432 por el que se declara feriado legal anual el 29 de junio de cada año) of 23 August 1985.

Name of Act

Law No. 19790 issuing public holiday the day of elaboration of the official census (Ley No. 19790 por el que se declara feriado legal y regula los días de realización de censos oficiales) of 21 January 2002

Name of Act

Law No. 19668 by which the public holidays days are moved to the mondays to the indicated cases (Ley No.19668 por el que se traslada a los días lunes los feriados que indica) of 8 March 2000

Name of Act

Law No.19.973 issuing the public holidays (Ley No.19.793 que establece los feriados) of 7 September of 2004

Name of Act

Law No. 20148 issuing the July 16th of each year a public holiday (Ley No. 20148 que declara feriado el día 16 de julio de cada año, en que se celebra y honra a la Virgen del Carmen, en reemplazo del feriado correspondiente al Corpus Christi) of 27 December 2006.

Name of Act

Law No.20.299 issuing the October 31st as public holiday(Ley No.20.299 por la que se establece feriado el 31 de octubre, día Nacional de las Iglesias Evangélicas y Protestantes) of 10 October 2008.

LEGAL DEFINITIONS


Working time/working hours

Working hours are periods during which a worker is required to work for his employer in conformity with the employment contract, or during which is is available to work without actually working, due to reasons for which the worker is not responsible.
Labour Code Art.21

Employee/worker

Shall mean any natural person who performs intellectual or material services under the subordination and dependence of an employer according to a labour contract.
Labour Code Art.3

Employer

Shall mean any natural person or legal entity using the intellectual or material services of one or more person(s) according to a labour contract.
Labour Code Art.3

Overtime/overtime work

Overtime is any time that exceeds the legal maximum limit or the agreed upon limit, if this latter is lower.
Labour Code Art.30

Part-time work(er)

Part-time work is worked performed for not more than 2/3 of the general daily working time.
Labour Code Art.40 bis

Night work(er)

Night work is work carried out between 10 p.m. and 7 a.m.
Labour Code Art.18
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Domestic worker

Domestic workers are natural persons who perform continuously tasks, engaged in full time or part time work, and who render services of cleaning and assistance for a household.

Household drivers are also considered domestic workers.
Labour Code Art.146

Young worker

Workers who are between 18 and 15 years old can only conclude work agreements which do not threaten their health and development.
Labour Code Art.13

NORMAL HOURS LIMITS


Daily hours limit


General limit

In no case the working hours may exceed 10 hours per day.
Although no expressly provided, it seems that the 10 hours limit includes 2 hours of overtime.
Labour Code Art.28
Historical data (year indicates year of data collection)
  • 2009: 10 hours (maximum limit)

Special categories


» Part-time work

The maximum daily hours shall not exceed 10 hours in total.
Labour Code Art. 40bis A

» Young workers

In no case young workers may perform more than 8 hours of work per day.
Labour Code Art.13

» Agricultural workers

The rules on limitation of working hours set forth in other provisions of this Code shall apply to agricultural workers covered by this chapter, in the manner specified in the regulations, according to the characteristics of the area or region, weather and other circumstances of agriculture.

To this respect, it seems that the 10 hours daily limit also apply to agricultural workers.
Labour Code Art.88

» Domestic work

Domestic workers living out of the household may work 12 hours maximum per day.
However, domestic workers living in the household have no explicit limit and so this is subject to the nature of its work.
Labour Code Art.149

Weekly hours limit


General limit

The duration of the weekly hours may not exceed 45 hours.
Labour Code Art.22
Historical data (year indicates year of data collection)
  • 2009: 45 hours
  • 1995: 48 hours.

Reference period(s)

The limit of working hours is referred to a reference period of not less than 5 and not more than 6 days per week.
Labour Code Art.28

Exceptions

The 45 hour limit does not apply to: workers who have more than one employer; managers, administrators and all individuals who work without direct supervision; domestic workers and other professions in which work is performed outside the workplace.
Labour Code Art.22

Special categories


» Young workers

Young workers studying primary or secondary education shall not perform tasks for more than 30 hours per week.
Labour Code Art.13

» Agricultural workers

The rules on limitation of working hours set forth in other provisions of this Code shall apply to agricultural workers covered by this chapter, in the manner specified in the regulations, according to the characteristics of the area or region, weather and other circumstances of agriculture.

To this respect, it seems that the 45 weekly hours limit also apply to agricultural workers.
Labour Code Art.88

OVERTIME WORK


Criteria for overtime


General

Overtime work is the work that exceeds the limits of the normal working hours, or the work which exceeds the time that was agreed between the parties.

Overtime can only be agreed to be performed as an exception to a temporary need of extra work. This agreement shall be made in written and temporary, for a maximum of three months, renewable upon the agreement of both parties.

Nonetheless, in the absence of written agreement any hour worked in excess of the normal hours, with the employer’s awareness, is also considered overtime work.

It cannot be considered overtime work the work performed to compensate an special leave provided by the employer, after the written worker’s request.
Labour Code Art. 30,31,32

Limits on overtime hours


General limits

In tasks which by their nature do not affect the worker’s health, it may be agreed the performance of overtime work up to a maximum of 2 hours per day.
Labour Code Art.31
Historical data (year indicates year of data collection)
  • 2009: 2 hours per day
  • 1995: 2 hours per day.

Compensation for overtime work


Overtime rate(s)

Overtime hours are paid with an increase of 50% calculated on the rate of wage agreed for a normal working day.

If there is no agreement on the wage of the worker or if lower than the minimum wage rate, overtime work shall be compensated with an increase of 50% of the minimum wage rate.
Labour Code Art.32
Historical data (year indicates year of data collection)
  • 2009: 50% increase.
  • 1995: 50% premium during working days and 100% during night, on Sundays and public holidays.

Compensation procedure

The increase of payment due to for overtime work is paid at the moment of payment of the ordinary wage.
Labour Code Art.32

Special categories


Domestic work

Domestic workers living out of the household may work 12 hours maximum per day.
However, domestic workers living in the household have no explicit limit and so this is subject to the nature of its work.
Labour Code Art.149

SCHEDULES


General

The hours of work shall not be scheduled in a workweek with less than 5 or more than 6 days.

Under written agreement between the employer and the employee is possible to convert a working day into a day off, if falls between two public holiday days or between one public holiday day and a Saturday or Sunday. This day shall be remunerated at the normal rate of payment, and the extra hours of work to be performed in exchange of this day off shall not count as overtime work.

n the case that 18th and 19th of september falls on tuesday and wednesday or wednesday and thrusday, it shall be move the public holiday to the Monday 17th or the Friday 20th of such month.
Labour Code Art.28, 35bis, 35ter

REST PERIODS


Rest breaks


General provisions

Workers are entitled to enjoy at least half an hour of rest in a workday, which is not considered for the purposes of calculating the duration of the day work.
Labour Code Art.34
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to at least a half an hour of rest.
  • 1995: At least 30 minutes, usually at noon.

Exceptions

The work which is performed in continuous tasks may not imply the enjoyment of rest breaks.
Labour Code Art.34

Special categories


» Part-time work

Part time workers may enjoy a rest break of at least 30 minutes and not longer than one hour for have their meals.
Labour Code Art.40bis

» Domestic work

Domestic workers living out of the household shall enjoy one hour rest break which shall count as effective work.

Domestic workers living in the household shall enjoy a minimum of 12 hours of rest divided between the daily rest period and rest breaks during the working day.
Normally the rest breaks have a duration of 3 hours that can be devided into parts.
Labour Code Art. 149

Daily rest periods


Duration

General provisions regarding the duration of this rest have not been identified. Nonetheless, the legislation states that the hours of work in no case may exceed 10 hours per day.
Labour Code Art.28
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to at least half an hour of rest.
  • 1995: 14 hours.

Exceptions

In case of emergency, firemen may have to perform work during their daily rest period. They are entitled to compensatory rest within the next working day.
Labour Code Art.152

Special categories


» Domestic work

Domestic workers living in the household shall enjoy a minimum of 12 hours of rest divided between the daily rest period and rest breaks during the working day.
The daily rest shall be enjoyed ininterrumped and normally has a duration of 9 hours that can be divided into parts.

No provisions regarding the duration of this rest for domestic workers living out of the household. Nonetheless, the legislation states that daily hours of work shall not exceed 12 hours for this category of workers. Therefore, it seems that the remaining 12 hours shall be the minimum duration of daily rest between shifts, for this category of workers.
Labour Code Art.149

Weekly rest periods


Duration


» General

The Sunday(one day) shall be enjoyed as the weekly rest day.
The weekly rest shall start at 9 pm of the Saturday and finish at 6 am of the Monday.
Labour Code Art.35,36
Historical data (year indicates year of data collection)
  • 2009: 33 hours (from 21:00 on Saturday - 06:00 on Monday)
  • 1995: 1 day (24 consecutive hours)

Day specified


» General

The Sunday shall be enjoyed as the weekly rest day.
Labour Code Art.35

Work on weekly rest day


» Criteria

Cases of force majeure and workers employed in the following activities are not covered by the provisions relative to the weekly rest: 1.- work to repair damages caused by force majeure as long as the repair can not be postponed; 2.- work in exploitations that, due to the nature of the processes, technical reasons, or to avoid any detriments against public interest or the industry, require continuity; 3.- works that, due to their nature, can not be performed except in that season or during specific periods; 4.- works that can not be postponed in the interest of the undertaking; 5.- in ships; 6.- in dock work; 7.- in shops and services that work directly with the public, 8.- professional athletes.
Labour Code Art.38

» Compensation (for working on a rest day)

The undertakings that are not covered by the provisions on the statutory weekly rest day shall compensate the employees working on Sundays and public holidays with another day of rest within the week. These rest periods may be granted to the whole staff or in shifts. The hours of work in weekly rest days are paid at normal rate unless they exceed the normal working hours in which case shall be compensated as overtime.
Labour Code Art.38

» Prohibitions and limitations

In the following cases, where work on a weekly rest is permitted, at least twice per month such rest shall be enjoyed on Sunday. This rule apply to: 1.- workers employed in exploitations where due to the nature of the processes, technical reasons, or to avoid any detriments against public interest or the industry, the performance of work requires continuity; and 2.-in the case of work in shops and services rendered directly with the public.
Labour Code Art.38

Special categories


» Shift workers

The general provisions on weekly rest apply to shift workers unless alteration is necessary due to shift rotation.
Labour Code Art.36

» Domestic workers

Domestic workers living out of the household shall enjoy the weekly rest provided in the general category. (from 21.00 Saturday - 6.00 Monday)
Domestic workers living in the household shall enjoy 1 uninterrupted day (or 2 half days, if the worker so requests).
Labour Code Art.35,36,150

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to be entitled to enjoy annual leave, workers shall have completed one year of service.
Labour Code Art.67

Duration


» General

The duration of the annual leave is 15 working days.

Workers performing work in specific regions shall be entitled to enjoy 20 working days of annual leave, and shall be taken with preference in summer or spring, according to the needs of the service. The regions for which apply this rule are the following: Duodécima Región de Magallanes y de la Antártica Chilena, en la Undécima Región de Aysén del General Carlos Ibáñez del Campo, and in the Provincia de Palena.
Labour Code Art.67
Historical data (year indicates year of data collection)
  • 2009: 15 days
  • 1995: 15 days.

» Exceptions

Workers with ten years of employment, whether it has been for one or more employers are entitled to one additional day of leave for every three new years of work. This can be negotiated individually or through collective bargaining.
Labour Code Art.67

Payment

Annual leave cannot be replaced by a compensation in cash.
Labour Code Art.73

» Amount

Annual leave shall be enjoyed at full rate of payment, that in case of regular workers shall be their wage, and in the case of those who enjoy different rates of payment, the average of the wages corresponding to the last 3 months.
Labour Code Art.67,71

» Date of payment

The payment of annual leave shall be provided according to the formalities stated in the regulation.
Labour Code Art.67

Schedule and splitting

For the purposes of scheduling the annual leave, saturdays are always consdidered as official holiday days.
The annual leave shall be enjoyed continuously. However, after the 10 first days of annual leave, the remaining may be split by agreement.
Annual leave may be accumulated and be enjoyed continuously up to two consecutive periods.
The employers may provide to all workers or part of workers of their establishments or undertakings, the enjoyment of annual leave at the same time for a minimum of 15 working days, for the purposes of closing temporarly this activity.
Labour Code Art.69,70,76

PUBLIC HOLIDAYS

Public holidays are rest days, and generally apply the same rules as for weekly rest days.
Art.35

Number and dates

January 1st (New Year’s Day), April 22nd and 23rd (Good Friday, Holy Saturday), May 1st (Labour Day), May 21st (Navy Day), June 27th (Saints Peter and Paul’s Day Holiday), July 16th (Lady of Carmen Day), August 15th (Assumption Day), September 18th (Independence Day), September 19th (Army Day), October 10th (Día del Descubrimiento de los Mundos), October 31st (Reformation Day), November 1st (All Saint’s Day), December 8th (Immaculate Conception Day), December 25th (Christmas Day).

It is also public holiday the day of elaboration of the official census.
Labour Code Art.35
Law No.2977, Law No.3810, Law No.18432, Law No.19790, Law No.19668, Law No.19973, Law No.20148, Law No.20299
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Work on Public Holidays


» Criteria

Work on public holidays is allowed in cases of force majeure and for workers employed in the following activities: 1.- work to repair damages caused by force majeure as long as the repair can not be postponed; 2.- work in exploitations that, due to the nature of the processes, technical reasons, or to avoid any detriments against public interest or the industry, require continuity; 3.- works that, due to their nature, can not be performed except in that season or during specific periods; 4.- works that can not be postponed in the interest of the undertaking; 5.- in ships; 6.- in dock work; 7.- in shops and services that work directly with the public, 8.- professional athletes.
Labour Code Art.37

» Compensation

Work on holidays shall be compensated with another day of rest. These rest periods may be granted to the whole staff or in shifts. The hours of work on public holidays are paid at normal rate unless they exceed the normal working hours in which case shall be compensated as overtime.
Labour Code Art.38

EMERGENCY FAMILY LEAVE

Every worker shall be entitled to 7 consecutive days of paid leave in the event of death of spouse or child and 3 consecutive days of paid leave in the event of death of mother, father, or stillborn child.

When the health of a child (under 18 years old) require personal attention from their parents because of; an accident with serious or terminal illness in its final stage, serious illness and likely risk of death, the working mother is entitled to leave her work in a number of hours equivalent to 10 ordinary working days per year, distributed at her choice on a full or part time work or a combination of both, all of which shall be counted as effective work.

If both parents work, one of them, at the choice of the mother, can enjoy this leave.
Labour Code Art.66, 199bis

PART-TIME WORK


General provisions

Part-time work is worked performed for not more than 2/3 of the general daily working time
Labour Code Art.40bis

Limits


Daily hours limit

The maximum daily hours shall not exceed 10 hours in total.
Labour Code Art.40bisA

Overtime work

Overtime for part-time workers can be agreed in the employment contract. Working time cannot exceed a maximum of 10 hours per day.
Labour Code Art.40 bis

Schedule

The employer and the worker may agree the different alternatives in the scheduling of working hours.
Labour Code Art. 40 bis C

Rest breaks

Part time workers shall enjoy a period of rest not shorter than 30 minutes and not longer than on hour.
Labour Code Art.40bis

Right to equal treatment


Right/scope

Part time workers shall enjoy equal rights to those workers working full time.
Labour Code Art.40 bisB

NIGHT WORK


Special categories


Young workers

It is prohibited the performance of night work in industrial undertakings and in commercial establishments for young workers (under 18 years old) in the interval between 10 p.m. and 7 a.m., with the exception of those working in establishments in which only members of the same family are employed.
Labour Code Art.18

Pregnant workers/recent birth

During pregnancy female workers who regularly perform unhealthy tasks shall be transferred, without reduction in their salaries, to other posts not implicating a risk in their health.
To this respect the performance of night work is considered unhealthy for pregnant workers.
Labour Code Art.202c)

SHIFT WORK


Weekly rest period

Shift workers shall enjoy the same conditions of weekly rest than other categories of workers except the alterations in the scheduling of such rest, due to the nature of the work.
Labour Code Art.36

ON-CALL WORK

General provisions on on-call work have not been identified.

FLEXITIME

General provisions on flexitime have not been identified.

CASUAL WORK

General provisions on casual work have not been identified.

SHORT-TIME WORK/WORK-SHARING

General provisions on short-time work have not been identified.

RIGHT TO CHANGE WORKING HOURS

General provisions on right to change working hours have not been identified.

INFORMATION & CONSULTATION


Information

Workplaces with 10 or more workers must have an internal regulation on order, health and safety.
Labour Code Art.153

Results generated on: 25th October 2014 at 16:35:16.
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