Legal Alert/ Opinion of the Directorate of Labour of November 16, 2020 regarding the modality of work that combines teleworking and face-to-face work

Thursday November 19th, 2020

Our compliance department has prepared a summary with the main aspects of this new report..

According to the criteria of the Labor Department:

• The working day, regulated by the Labor Code, is calculated weekly. For this reason, it is contradictory to the interpretation of the regulations to establish that, within the same week, they may combine systems in which during certain days the worker is subject to a working day, and others are not.

• Therefore, the release or subjection to the limits of the weekly working hours is a circumstance inherent to the type of functions performed by the worker or to the manner in which such services are rendered, so that there is no reason why, if such elements remain unaltered during the respective week, the worker should be subject to working hours during certain days of that week and not during others.

In conclusion, there is no impediment for the parties to agree that the worker may work certain periods subject to a limitation of the working day and others excluded from such limit, to the extent that the combination of face-to-face and teleworking is carried out in different weeks.

Therefore, considering the relevance of the remote work schemes in the current order of things and the tendency to promote the implementation of these systems, it is recommended to review and update the contractual agreements to the criteria of the Labor Department, if necessary.

For more information contact Rebeca Zamora rzamora@hdycia.cl