Presidential delegate Daniel Quinteros stressed that in a period of 5 years “we will be able to live a reality that in other countries is already part of working conditions, thus improving the quality of life of workers in our country.”
A visit to the Atenas Logistics company, which has the 40-hour Seal certification, was made by the Tarapacá regional presidential delegate, Daniel Quinteros, in the company of the Labor Seremi, Ignacio Prieto and the Government Seremi(s), Cristian Jara.
In this company, located in the Free Zone, the workers have a 40-hour work week, anticipating the promulgation of the law, a fact highlighted by the authorities.
The implementation of this law, which in the region will benefit 102,000 workers, will be gradual. The reduction will be from 45 to 44 hours in the first year of the law, to 42 hours in the third year and 40 in the fifth year, and in no case should this mean a salary decrease. This period seeks to take care of employment and take care of the effort, in particular of small and medium-sized companies.
After talking with workers, the presidential delegate stated: “Today (Friday) President Gabriel Boric signed the decree that makes the 40 hours a reality in Chile. It is a longing for a long time. Many years have passed for today to be able to realize this dream that not only allows us to improve productivity in companies, not only improve work environments, but also take charge of the realities of care that we have in our country and promote co-responsibility among men and women”.
Along with this, Quinteros stressed that in a period of 5 years “we will be able to live in Chile a reality that in other countries is already part of the working conditions, thus improving the quality of life of workers in our country.”
For Ivette Salvo, CEO of Atenas Logistics, “improving the quality of life of the workers was the motivation for Atenas Logistics to join the 40 hours. With the pandemic, the company saw the need to reinvent itself, for which it applied many continuous improvement techniques, and what we did was prioritize the hours, we realized that we are very efficient when it comes to planning, which means that our work revolves around around the objectives and not the number of hours worked”.
Likewise, the Seremi of Labor and Social Welfare, Ignacio Prieto, expressed: “For our government, certified companies are an example and an incentive for many other companies to adopt this policy that shows that it is possible and desirable to make quality compatible of life, better labor relations, concrete action for decent work and the development of a good life”.
What does the 40 Hour Law establish?
Reduces the ordinary working day from 45 to 40 hours per week with the following gradualness: from 45 to 44 hours in the first year of publication of the law, to 42 hours in the third year, and to 40 in the fifth year. These are maximum deadlines, since any employer who wants to anticipate the reduction of the working day to 40 hours can do so without waiting for gradualness. In fact, the 40-Hour Stamp has been given to companies that have reduced the working day without having a law.
It also regulates special regimes. Although there are more categories, one of the most characteristic is that of private household workers. In the case of the doors outside: the reduction to 40 hours per week will operate according to the ordinary working day. In the case of indoors, the current system is maintained, with a minimum rest of 12 hours a day, but with compensation of two days additional monthly rest in order to materialize the reduction. These days may be accumulated by mutual agreement up to a period of three months, guaranteeing effective rest time.
Likewise, for exceptional days, which work with continuous processes, such as mining, it is allowed to compensate the excess of 40 hours with additional annual rest days.
It establishes co-responsibility mechanisms, such as time bands, which allow a differentiated entry and exit so that mothers, fathers and caregivers of children under 12 years of age can anticipate or delay the start and/or departure of work, which will allow a better reconciliation of the School schedules with working days. Another co-responsibility mechanism is the possibility of compensating overtime for up to five additional days of holidays.
The distribution of the ordinary day in 4 days of work for 3 days of rest, known as 4×3 is allowed. The companies that implement the 40 hours without waiting for gradualness may also apply the 4×3 shift in advance, in agreement with the workers.Taking into account the particularities of the world of work, the law contemplates specific support actions for the world of SMEs through two technical and decentralized services such as the National Training and Employment Service (Sence) and the Labor Directorate.
The exclusion of working hours from article 22, paragraph 2, of the Labor Code is restricted only to those who perform senior management tasks and to those who are not subject to superior supervision in accordance with the nature of their duties.
It also allows day averaging; that is to say, there will be the possibility of agreeing with the worker that the ordinary 40-hour day is fulfilled in an average of up to four weeks, with a maximum limit of 45 hours per week. 40 hours may not be exceeded for more than two weeks and, with this, the average of 40 hours per week will be respected. If the worker is unionized, prior agreement with the union will be required.
