March 24, 2020

Congress passes new law to regulate remote working

Congress passes new law to regulate remote working
The Labor and Social Security Minister, María José Zaldívar, thanked all the members of Congress who had facilitated the speedy passage of this new law, which will favor the creation of more and better jobs and regulate the teleworking system in the midst of the country’s current health crisis.

In the third legislative stage, the Chamber of Deputies passed the teleworking bill with a broad majority (88 votes in favor, 22 against and 1 abstention). The initiative will favor the creation of new and better jobs and regulate teleworking in the midst of the country’s health crisis.

Labor and Social Security Minister María José Zaldívar thanked the members of Congress for their commitment to supporting this initiative, which had been introduced in August 2018. “The more workers who can continue performing their duties from home, the less exposed Chileans will be to Coronavirus. So they didn’t just support a law that will favor the creation of more jobs, but also regulations that will enable Chile to work through the current crisis more efficiently and quickly,” she said.

Labor Undersecretary Fernando Arab said the Government is “very happy that the bill on remote working and teleworking has been passed into Chilean law.  It will regulate a form of modern, inclusive and sustainable work by granting legal certainties to the parties, particularly the workers, who from now on will have a catalog of rights that enables them to work remotely in a manner that is protected, safe and without detriment.”

The authorities emphasized that the new law enables workers to render their services totally or partially, from a place or place(s) other than at company facilities, enabling them to better distribute the workday, while respecting current legal limitations and, particularly, safeguarding all individual and collective labor rights.

The legislation also establishes new, cutting-edge guarantees in national and regional legislation, like the right to disconnect.

In order to protect both the worker and the employer, the applicable contract must be registered with the Labor Directorate ( within 15 days of signing. The labor directorate will issue a copy of the record to the Social Security Superintendent’s Office (Superintendencia de Seguridad Social, SUSESO) and the employers’ insurance organization of which the employer is a member.

With the worker’s prior authorization, the Labor Directorate is responsible for overseeing compliance with labor law at teleworking stations.

Finally, the officials added that the health and safety conditions will be regulated by provisions set forth by the Labor and Social Security Ministry. The employer will inform the worker about these regulations and the worker will be responsible for verifying compliance with them.