Chilean Labor Law and Constitutional Rights: A Comprehensive Analysis
**Constitution of Chile**
**State Organization**
- Executive Power: President, ministers, deputies, mayors, governors (organization of the state within the court order within the country)
- Legislative Power: Chamber of Deputies, Senate (law-making)
- Judicial Power: Supreme Court, Appellate Court, Civil Court, Criminal Court, Family Court, Labor Court (administration of justice)
**Article 19: Rights and Duties**
- Right to Life: Right to life and physical and mental integrity of the individual. Duty: The law protects the life of the unborn.
- Health: Right to health provision. Duty: To ensure the implementation of health actions is to be provided through public and private institutions in the forms and conditions prescribed by law, which may establish compulsory contributions.
- Freedom to Work and Protection: Right to free employment and free choice of employment with fair remuneration. Duty: The right is met by rules and laws.
- Environment: Right to live in an environment free of contamination. Duty: Ensuring that the right is not affected and to promote the conservation of nature.
- Social Security: Right to uniform basic benefits, whether granted by public or private institutions. Duty: The state must supervise the proper exercise of the right to social security.
- Education: Right to access to formal education. Duty: Encourage the development of education at all levels (preschool, primary, secondary), to stimulate scientific and technological research, artistic creation, and the protection and increase of the nation’s cultural heritage.
**Labor Code**
- Work: Any lawful activity that an individual makes, free choice in exchange for payment.
- Employee: Individuals who provide personal services, intellectual or materials, under subordination and under an employment contract.
- Independent Worker: One who, in the exercise of the activity in question, does not depend on any employer or have workers under his authority.
- Employer: Natural person or legal entity using the intellectual or material services of one or more persons under an employment contract.
**Employment Contract**
It is a convention by which the employer and employee are bound to each other, this to provide personal services under dependency and subordination of the former and one to pay for these services a certain remuneration.
**Types of Contracts**
- Verbal Contract: This can be used in the period of 3 months to test and a verbal agreement between the two parties.
- Written Contract: Agreement is concluded in a formal paper.
- Individual Contract: Between a natural person (employee) and employer.
- Collective Contract: The agreement between one or more employers or one or more employers and workers associations legally established in order to establish the conditions and bases according to which is to be held hereafter, between the same employer and workers.
- Fixed-Term Contract: Set a start date and term of the contract. This can be renewed, but it cannot last more than two years. Many companies tend to hire for three months under the format fixed term and renew the agreement for another three months.
- Indefinite Contract: Not defined when it comes to an end, so it gives the employee a more stable situation within the company. The link to this end with the resignation, dismissal, or death of the worker.
- Contract for Works or Tasks: Used for specific jobs, where after the execution of the employee out of work, for it served its purpose. For the same reason the contract cannot be renewed, subject the person back to sign a contract with the company for another job.
- Special Contracts: They are not within normal.
**Provision of the Employment Contract**
Date, place, identification of the parties (employer), amount, date, payment, type of service, place of work, duration and distribution of working hours, others.
Child Labor: Children under 18 and over 15 may enter into employment contracts only for light work that does not harm their health or development and with express permission of the parent. Married women (at age 15 the husband decides on them). Less than 15 art activities.
Nationality of the Workers: 85% Chilean
Learning Contract: Contract learning is the work of convection under which an employer agrees to teach an apprentice, by itself or through a third party, at a time and certain conditions, knowledge and abilities of a skilled trade, according to an established program, and the apprentice to perform and work through agreed remuneration.
Temporary Contract: Subcontract that creates the temporary service company.
Seafarers and Merchant Marine
Workers in Private Homes: The first two weeks are taken as trial period, hours of workers in private households who do not live in the house the employer may not exceed 12 hours daily. If workers live in the house will be entitled to a relaxing day in the week and every day that the law declared holidays.
Art and Entertainment Workers: They can be agreed for a fixed term for one or more functions, by deeds, by season, project. In the creation of a work, the employment contract in no case shall affect the freedom of establishment the artist.
Professional Athletes: Relationship, low dependence or subordination, among workers engaged in the practice of professional soccer and those who perform activities related to your employer.
Any Port: Port worker who does not work every day (name or registration of the ship or ships, and per diem allowances is agreed upon: port where the contract may be reinstated.
Aircrew
RIHS
**Termination of Employment**
The employment contract ends in the following cases:
- Mutual agreement of the parties
- Resignation of the employee, giving notice to your employer 30 days’ notice at least
- Worker’s death
- Agreed deadline
- Completion of work or service which gave rise to contract
- Fortuitous event or force majeure.
Art 159: With insurance money
Art 160: No pay
Art 161: Needs of the company/employer
Intentional Action
Torts: Action, without intent to harm, cause injury to another person through carelessness, recklessness, or incompetence. It differs from the pain because there is no intention to harm.
Gross Negligence
Labor Courts: Ensuring that sets the labor code has that jurisdiction cannot be dismissed but the judge is authorized respective work. Def net: It is a special form of protection provided by law for certain workers who are in a special state of vulnerability, which essentially involves those may not be dismissed, but court permission for some of the factors which have law.
They apply to:
1. Directors unions
2. Those who contribute to the formation of a
Union
3. Candidates for directors of a union
Union
4. Stewards
5. Delegates of staff
6. Some directors of the Joint Committee
Health and Safety
7. Those who participate in collective bargaining rules
8. Maternity rights
**Occupational Training**
The company is responsible for activities related to job training for their workers, understood as the process to promote, facilitate, promote and develop the skills, abilities, and levels of knowledge workers to better opportunities and enable living and working, and increasing national productivity. Training activities that make the company must be executed in the terms established by the training and employment status. Workers benefit from occupational training activities remain in full their wages, whatever the change in their working hours
**Subcontracting Regime**
**Labor Contract**
It’s work contract, the one made under a contract of employment for a worker to an employer, contractor or subcontractor called, when he, by virtue of a contractual agreement, is responsible for carrying out works or services, at their own risk and workers under his authority, for a third person or entity that owns the work, undertaking or task, called the main company, which services are developed and executed the contract works. However, not be subject to the provisions of this Paragraph works or services that are running or providing discontinuous or sporadic manner.
If the services are performed without being subject to the requirements outlined in the preceding paragraph or is limited only to the mediation of workers to a task, it is understood that the employer owns the work, undertaking or task, without prejudice to the penalties that apply by virtue of Article 478.
**Transitional Service Company**
A temporary service company (EST) is one that has as object the supply of labor to an enterprise user to perform a specific job, temporary or casual nature.
**When do businesses operate temporary service?**
- Replacement workers (sick leave, maternity leave, and holidays).
- Making extraordinary events (organization of conferences, fairs, exhibitions, etc.).
- Implementation of new and specific projects (construction of new facilities, new markets).
- Initiation of new activities in new companies.
- Occasional or extraordinary increases in activity.
- Urgent work, accurate and urgent (repairs, installations).
- Contract service work transition: is between the worker and a temporary service company (EST).
The requirements of this contract are:
- In writing within 5 days from the incorporation of the worker or 2 days if the contract is for less than 5 days.
- Contain at least the terms of the individual employment contract.
- A copy of the contract shall be sent to the user company where the worker provide services.
- Responsibilities of the user enterprise: direct responsibility of the user undertaking hygiene and security of workers supplied.
- Vicarious liability for labor and pension obligations for workers provided. That is, it responds when the temporary service company (EST) to meet their obligations.
**Responsibilities**
Management: Corporate Responsibility in organizing workers
Civil: Obligation imposed on a person to repair the damage he has caused to another, either in nature or a monetary equivalent.
Penalties: Legal consequences of the violation of the law, by whom be attributable or unimpeachable, carried out as planned and illegal acts, harming or endangering a material or physical integrity of persons.
Auditing Bodies: SEREMI, SERNAGEOMIN, DIRECTEMAR, Labor Inspection, Address National Mobilization, Health Authority, Chilean Nuclear Energy Commission
**Maternity Protection**
The law protects them from the moment of conception, regardless of their working time
Beneficiaries are all dependent workers of any employer, including those working at home and in general, all women are benefiting from a previcional. Women workers are entitled to 6 weeks of rest before the birth to twelve weeks after him. The father is entitled to paid leave of 5 days, change of venue in case of death of mother
If during the pregnancy occurred as a consequence of this disease, proven by medical certificate, workers are entitled to a prenatal leave. To make use of maternity leave must be submitted to the employer a medical certificate attesting that the matron state pregnancy has reached the target period to get it.
The woman who is on maternity leave period referred to in the preceding article shall receive allowance equivalent to the total of salaries and allowances to be perceived. License mother for a sick child, and this is less than one year. Permission if the child is under 18 and requiring parental care (10 days annually). Judicial custody, and grant permission for up to 12 weeks. During pregnancy period is busy worker who usually works considered by the authorities as harmful to health should be transferred without reducing their salaries.
Company with more than 20 people must have a local nursery and a job where they can to feed their children. The workers are entitled to have at least an hour a ia to give food to their children under two years