Chile: Government dictates document that allows Employers to not pay their workers in case of Total Quarantines and lockdowns

[Serpens007]

Yes.

Relación laboral en cuarentena total: El nuevo dictamen de la Dirección del Trabajo - La Tercera

En el documento, la Dirección del Trabajo aborda cinco puntos que rayan la cancha en cuanto a la relación laboral.

www.latercera.com

The Labor Directorate (DT) issued a new opinion to set the criteria for contractual relations between worker and employer, in the event of total quarantine. This after yesterday the government announced this restrictive measure for seven communes in the Metropolitan Region, which could be extended to more places in the national territory.



The five-page document addresses as a first point the contractual obligations of the parties. In this case, it suggests that, before a decree of restrictive measures such as total quarantine or sanitary cord, being an act of authority as a response to a sanitary measure, this will be configured as a fortuitous event or force majeure for what that "the parties are exonerated from the reciprocal obligations imposed on them by the employment contract. Namely, to grant the agreed work and to pay the remuneration on the part of the employer and to assist in rendering the agreed services by the worker. "

In other words, neither the worker is obliged to fulfill his functions, nor does the employer have to pay the remuneration. In any case, the DT clarifies on the point that "this situation must necessarily be analyzed by the ordinary courts of justice, who, ultimately, are in charge of settling any controversial", if any.

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This has, of course, sparked controversies and critics.

Government responds:

Dirección del Trabajo y dictamen: “Establece la posibilidad que las partes acuerden medidas alternativas de cumplimiento”

La jefa del organismo, Camila Jordán, precisó los puntos abordados en el documento que generó controversia tras su publicación.

www.adnradio.cl

"Establishes the possibility for the parties to agree on alternative compliance measures"

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The third, published this Thursday and the one that precisely generated the controversy , " has to do with the measures adopted by the authority, which have to do with the curfew, quarantine and the sanitary cord, and talks about its effects ."​

"If you look together, the idea is always to promote job stability and not to suspend it . That is why the possibility is established for the parties to agree on alternative compliance measures, "said Jordan.​

The authority stressed " the commitment and concern of the Labor Directorate and all officials regarding workers' rights . For this we have established remote channels, so that workers and union leaders can request inspections , mediations that they deem necessary. "​

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Document:

https://www.dt.gob.cl/portal/1626/articles-118468_recurso_pdf.pdf

Basically, fuck you workers forced to stay at home and can't do remote-work as a last effort.


By the way, Chile has NOT suspended any kind of debt payments, or basic services, or student loan payments, NOTHING.

 

[Brazil]

I haven't been following Chile for a few months, but I guess the whole thing last year didn't help turn it into less of a neoliberal hell.

 

[NHarmonic.]

Piñera and company keep being trash, fascist business owners in latinoamerica with their power fantasy governments. And the US loves them, after all the US birthed them with their intervention and dictatorships all over our countries.

I heard Brazil is in a similar way with Bolsonaro trying to get away with shit like this.

 

[Brazil]

I heard Brazil is in a similar way with Bolsonaro trying to get away with shit like this.

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He was forced to back down within hours.

 

[entremet]

Conservatives love to cite Chile as a model Latam country lmao.

 

[Noodle]

This is the same Chile where the Health Minister refused quarantine on the chances the virus spontaneously mutates into a benign form prior to laying waste to their population.

 

[Lua]

Piñera and company keep being trash, fascist business owners in latinoamerica with their power fantasy governments. And the US loves them, after all the US birthed them with their intervention and dictatorships all over our countries.

I heard Brazil is in a similar way with Bolsonaro trying to get away with shit like this.

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He was forced to change it back because popular pressure and government discordance was so overwhelming that he had no choice.

As a side note he's kinda of screwed now, no one in the government supports him anymore. Hope this situation at least exposes who are the evil in chile as well.

 

[Black_Red]

He was forced to change it back because popular pressure and government discordance was so overwhelming that he had no choice.

As a side note he's kinda of screwed now, no one in the government supports him anymore. Hope this situation at least exposes who are the evil in chile as well.

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The evil ones arent hiding in Chile.

Yesterday, the right tried to vote agaisnt changing the date of the referendum because of COVID (it was in april), so if you wanted to change the constitution (after months of protests) you had to risk yourself and your family into getting the virus.

Thank god people exposed them before the voting was finished.

 

[Serpens007]

He was forced to change it back because popular pressure and government discordance was so overwhelming that he had no choice.

As a side note he's kinda of screwed now, no one in the government supports him anymore. Hope this situation at least exposes who are the evil in chile as well.

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Piñera was screwed too, but opposition (some) congressmen protected him from impeachment, and protests were reactivating as the virus arrived so it all came to a halt. Their evil are clear to, I don't know, maybe 80% of the population, but we can't protest because we are being responsible, unlike our wealthy infected that traveled all around the country, and there is no political spine left to take measures in fear of facing backlash of "politicizing" the pandemic.

We are the second most fast infectious country after China thanks to the "measures" taken by the govt, and now will also be the poorest population.