In Chile, there are 5 non-waivable holidays declared by law, the next of which is this Wednesday, May 1, with the commemoration of International Workers’ Day. This was announced by the Seremi of Labor and Social Security, Jaime Chamorro Galdames and the Director(s) of Labor, Daniela Cabrera, who were deployed on the ground to inform workers and employers of their rights and obligations during this day of mandatory rest. for trade.
According to Law No. 19,973, starting at 9:00 p.m. on Tuesday, April 30, all commercial workers will have to be outside their workplace, extending this closure until 6:00 a.m. on Thursday, April 2. of May. There is a time exception for those dependents who work in rotating work shifts, in which case they could provide services between 9:00 p.m. and 12:00 a.m. on April 30 or between 12:00 a.m. and 6:00 a.m. day 2 of may.
As explained by Seremi Jaime Chamorro, the objective of this essential holiday is for workers to rest with their families, however there is a group that is excepted. “These are those who perform functions in clubs and restaurants, cinemas, live shows, discos or pubs. In addition to commercial premises in public civil aerodromes and airports, gaming casinos and fuel outlets, emergency pharmacies and pharmacies that must fulfill shifts set by the health authority,” he stated.
Adding to this group of commercial establishments that will be able to open their doors this May 1, are the clerks of convenience stores attached to service centers if they sell food prepared there and those businesses that are attended by their own owners or family members.
Alternate Holidays, inspections and fines
Since May 2016, a rule has been in force stating that workers who are exempt from the holiday will have the right to take a break at least once every two years if they continue to be hired by the same employer. This was explained by the Director(s) of Labor Daniela Cabrera, who assured that “If a gas station or restaurant worker worked on May 1, 2023 and continues to work for the same employer, this time they must rest. “That is why we call on employers to avoid violations by organizing their shifts in advance.”.
To ensure compliance with the regulations, the Labor Directorate will intensify its inspections in the 33 communes of the region in person with the deployment of its inspectors on the ground and through the reception of complaints, with its telephone service channels (600 450 4000) and website at www.dt.gob.cl.
As explained by the authority of the supervisory body itself, “those employers who do not comply with the mandatory and inalienable holiday or do not respect the alternate rest, risk fines ranging from 5 to 20 UTM for each worker affected by the violation.” This is between $327,215 and $1,308,860 pesos, decreeing, together with the financial penalty, the immediate cessation of their shifts and the abandonment of their workplace by the workers whose rights have been violated.
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