Chile: New Regulation for the Determination of Limits and Parameters for the Distribution of Exceptional Working Hours and Rest Periods Systems

On 20 April 2024, within the context of the new Law No. 21.561 (“40-hour Law”), the new regulation determining the limits and parameters for the distribution of exceptional working hours and rest periods was published. The following are the main aspects to be considered:

What is an exceptional system? Exceptional systems are those systems in which the general rules regarding the distribution of working time and rest periods do not apply because of the specific nature of the service provided. This system of workday distribution is common in the mining, health, forestry and industrial sectors that require operational continuity.

What are the conditions for authorizing an exceptional working system?

1. There are qualified cases. These are:

a. The place of work is located outside urban centres or is difficult to access;

b. Special qualification and/or specialization of the job position;

c. Staff are difficult to replace; or

d. The work and/or processes are technologically complex or require operational continuity.

 

2. Health and safety conditions in accordance with the requested exceptional working time system.

3. It must not exceed the normal working day (Article 22 of the Labour Code).

4. Prior agreement of the parties involved, if any.

 

The application must be submitted to the Labour Authority, which must issue a reasoned decision approving or rejecting the application within 30 working days of its submission. If the application is approved, it is valid for up to 3 years, with the possibility of requesting its renewal.

 

What are the limits and parameters set by the Regulation?

1. It is granted for specific tasks and specified workplaces.

2. The working cycle is made up of the sum of the working days plus the rest days that make up the exceptional system.

3. The working week may not exceed the limit of 44 hours per week (will be 40 hours by 2028), calculated as a weekly average in each cycle.

4. The maximum working time of an employee may not exceed 12 hours, considering the ordinary workday, the overtime workday and the rest period within the workday.

5. The minimum rest period between working days must not be less than 10 hours.

 

The regulation indicated in this Regulation will come into force on 20 May 2024.