The Seremi of Labor and Social Security, Jaime Chamorro Galdámez, who served one month in his position, highlighted in an interview with El Rancagüino, that at the end of this month the first scope of the 40-hour Law will begin to operate, which seeks to reduce the extension of the weekly working hours of the country’s workers who are governed by the Labor Code.
Next Friday, April 26, will be the scheduled date for this new regulation to begin to take effect, which would benefit some 240,000 people in the O’Higgins region. “It is a law that provides for a gradual decrease in hours worked, seeking greater and more effective rest for workers. It also has the principle of economic responsibility and social co-responsibility, being a measure that requires the effort of both workers and employers to comply. Technical support is expected for MSMEs, and incentives to voluntarily adhere to compliance with the 40 hours, and it will have benefits as a company,” the authority explained.
Specifically, what has changed for workers since April 26?
For those workers under the private sector labor code, one hour will be reduced from the ordinary weekly working day, that is, from 45 to 44 hours. The law also gives the possibility of having time bands for those workers who are parents or have personal care of a child up to 12 years old. This time band means that you as a worker have a time band of two movable hours, in which, instead of starting at 9, I will start at 10 to go drop my children off at school and return to work. , and I stay an hour longer, instead of leaving at 6, I stay until 7 in the afternoon. To request this benefit you must request it in writing from the employer in advance. The employer must grant this benefit unless there are limited exceptions in which, due to the nature of the hours, the worker’s entry and exit to their work day cannot be postponed. Let me explain, for example, an airplane pilot cannot postpone the departure of the plane by using labor. However, these are exceptional cases and the vast majority of workers will be able to use this labor right, among other benefits that the 40-hour law brings.
Is the challenge and responsibility both of employers and workers? Do you recommend getting information first to implement it in a good way?
The entry into force of labor laws requires a deep, informed process, with clarity for all citizens, especially for employers and workers who are the involved party. For SMEs and MSMEs, technical support is offered by the labor management to clarify and guide those employers who want to voluntarily comply with the 40-hour law. In addition, there is a voluntary compliance program so that companies that meet the requirements can enter this program and if they get the score, they can obtain the 40-hour Seal. This is a kind of award, a recognition of the company’s compliance and good work, recognizing voluntary adhesion, which brings benefits, such as being able to obtain a higher score to obtain SENCE, CORFO or SERCOTEC scholarships and subsidies. You can apply on the website of the Ministry of Labor and Social Security (https://www.mintrab.gob.cl/)
So, even though its implementation is close to being implemented, can companies already get ahead of this regulation?
Yes and in two ways. In fact, in our region 26 companies have applied, one of them already has the 40-hour seal and will be delivered in due course, as a milestone on April 26. The other way that companies have is simply to voluntarily adhere to the benefit of the law, which not only brings more effective rest for the worker, but also boosts productivity for the companies that adhere.
UNEMPLOYMENT AND WORK INFORMALITY
The lawyer and master in Public Rights from the University of Chile also described the current situation of the labor market in the O’Higgins region. “According to the national employment survey of the National Institute of Statistics INE, unemployment in the O’Higgins region is 6.5% in the December 2023-February 2024 quarter. The previous report marked 7.2%, for Therefore, it is going down. We have improved, we have decreased the figure by 0.4 tenths, which undoubtedly represents a reflection that the labor market in the region is improving,” said Jaime Chamorro.
Regarding labor inclusion of women, this figure reached 14.4% regionally, which represents their effectiveness and incorporation into the labor market, while in the case of men it has been a little lower at 1.9%. “This reflects the work that has been promoted both in this ministerial portfolio and in the Ministry of Economy in terms of taking all the necessary measures to reactivate employment and be able to boost productivity in the region,” added the seremi.
As a region we are characterized by having seasonality in the labor market. What happens with the issue of agriculture, commerce, industry?
The rise in the figures and in turn the decrease in unemployment stands out in these sectors. First of all, in manufacturing. Secondly, in commerce and thirdly, in education. Unemployment could have grown due to the exceptional nature of agriculture, but agriculture actually fell. Despite this, there is effective progress in the fight against unemployment and in terms of inclusion, thanks to labor subsidies and training focused on gender equality, which has been one of the pillars of our government.
Another figure that the INE reported and that worries us is the rate of labor informality. Was this maintained, reduced or increased in the region?
The informality rate remained at 27% and our work is to reverse that figure. The worker who is informal does not enjoy benefits such as social security or contributions. Therefore, we have a range of measures to reverse labor informality, such as the historic increase in the minimum wage that is coming in the middle of this year, to 500 thousand pesos. Without a doubt, I will choose to join the labor market through an employment contract, considering the rest of the labor laws promoted by this government, such as the 40-hour law, the Karin law or the law on conciliation of family and work life. .
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