/ New Law for the Reconciliation of Family, Personal and Working Life comes into effect

Francisco Espinoza
Director of Labor Law Practice Area
Alessandri Abogados

On January 29, 2024 –30 days after its publication– the Law on reconciliation of family, personal and work life, which incorporates and modifies several rules to the Labor Code, will enter into force.

Some of the most relevant aspects are:

Telecommuting or teleworking

The employer must offer that all or part of the daily or weekly workday can be performed under the modality of telecommuting or teleworking to workers who have in their care children under 14 years of age, a disabled person or a person in a situation of severe or moderate dependency, regardless of their age, and who do not receive remuneration for such work.

Exceptions

This obligation shall be conditioned to the nature of the work. It may not imply a change in the agreed conditions, or that the employer has to arrange for a replacement or changes in the schedules or functions of other workers. This benefit will not apply to workers who have the power to represent the employer, such as managers, assistant managers, agents or attorneys in fact.

Requirements and procedure

The circumstance of being in any of the situations indicated must be accredited by means of:

• birth certificate proving filiation in respect of the minor; or
• the court ruling granting its personal care; or
• the certificate of registration in the National Registry of Disability; or
• the document issued by the Ministry of Social Development and Family that shows the quality of caregiver.

The worker must submit his or her request in writing, formulating a proposal containing the fixed combination of face-to-face working time in the establishment, facility or work site of the company, and working time outside of them, being able to distribute face-to-face and remote times during the daily or weekly workday, which may not exceed the daily and weekly work limits. The employer must respond within fifteen days of the submission, and may offer an alternative formula or reject the proposal, in which case it must prove:

• that the nature of the functions of the worker does not allow the modality of telecommuting or teleworking, as in the case of work that requires the worker to be physically present at his or her workplace, or to attend to the public in person; or
• that due to organizational needs are required for the performance of the services of other workers, or for the attention of emergency services, guards or similar; or
• there are no connectivity conditions in the place where the work is to be performed, or
• the insurance administrator determines that such place does not comply with adequate occupational health and safety conditions.

If the employee needs to make a modification to the established distribution, he/she must give written notice to the employer at least thirty days in advance. For supervening cause, the worker may unilaterally return to the conditions originally agreed upon in the employment contract.

An addendum must be signed, stating:

• The identification of the worker’s unpaid care work,
• the means of accreditation; and
• the formula for the combination of face-to-face work time in establishments, facilities or work sites of the company, and work time outside of them.

Preferential right to vacations and change of shifts and working day

During school holidays established by the Ministry of Education, workers who have the personal care of a child under 14 years of age, or a teenager under 18 years of age with disabilities or in a situation of severe or moderate dependency,

• Shall be entitled to the preferential use of legal holidays;
• They shall have the right to a temporary modification of the shifts or the distribution of the daily and weekly workday;
• Trade union organizations may agree with their employer on a temporary reduction of the working day, returning to the originally agreed conditions once it has ended.

Requirements and procedure

The worker must submit the request at least 30 days in advance and must attach:

• birth certificate proving filiation in respect of the minor; or
• the court ruling granting its personal care; or
• the certificate of registration in the National Registry of Disability; or
• the document issued by the Ministry of Social Development and Family, or through the instrument that replaces it, which attests to the quality of caregiver.

The employer shall respond within 10 days of its submission, being able to offer an alternative formula or reject the proposal, in which case, it must prove the circumstance(s) that justify it.

The employer must record in an addendum the transitory modification, which in no case may imply a change in the length of the weekly working day, the nature of the services rendered and in the worker’s remuneration, or that the employer will have to arrange for a replacement or changes in the schedules or functions of other workers.

Principle of positive parenthood, principle of social co-responsibility, and the principle of maternity and paternity protection

Employers, taking into consideration, in each case, the nature of the employment relationship and the services rendered, must promote work-life balance, and carry out actions aimed at informing, educating and raising awareness of the importance of reconciling personal, family and work life, through awareness and dissemination campaigns carried out directly by the employer or through the agencies administering the Work Accident Insurance.