Those who provided teleworking services will also be entitled to this benefit, but for a total of 7 working days.
On February 2, 2023, Law No. 21,530 was published in Diario Oficial, which establishes and recognizes a right to rest for health workers in the private sector in recognition of their work during the Covid-19 pandemic.
This benefit grants exceptionally and uniquely to the employees of private health establishments, pharmacies and pharmaceutical stores, the right to 14 working days of rest, without distinction of the contractual quality with which they are linked to their employer.
It is important to point out that this restorative rest has the following particularities:
- It may be used in whole or in part by the beneficiary workers.
- This time will be considered as effectively worked for all legal purposes.
- It will be compatible with the use of holidays and leaves, and may be used immediately before or after them.
- This benefit may be used during a period of three years from the date of publication of this law (until February 2, 2026).
- If at the end of the labor relationship there are days pending to be used, the employer must compensate them in money to the worker.
- In order to make use of the benefit of this law, workers must request it through the procedure for requesting the use of legal holidays, indicating the period of use and whether it will be exercised in installments or continuously.
Conditions to access the benefit
- To have worked continuously since September 30, 2020, and to be in service in any of the private health establishments, pharmacies and pharmaceutical stores. Likewise, this continuity is not affected by the fact of having used licenses and/or permits regulated by law, such as the one derived from the “Protection of maternity, paternity and family life”, or by the use of parental preventive medical leave due to the Covid-19 disease.
- The beneficiary worker must have a working day equal to or greater than 11 hours per week, a circumstance that will not be applicable to those who are excluded from the limits of the working day.
Special situation for teleworkers
Those workers who, working exclusively in teleworking mode, have provided functions, work or services in any of the institutions mentioned above, and in the work described above, will also be entitled to this benefit of “restorative rest”, but for a total of 7 working days.
Workers excluded from this benefit
- Those workers who do not meet the conditions previously mentioned.
- Workers who have powers of representation of the employer and general powers of administration.
- Those who have made effective use of the benefit that established a restorative rest for workers in the public sector, municipal or the Armed Forces and the Forces of Order and Public Security.
- Finally, non-compliance with the provisions of this law may be sanctioned with fines calculated in monthly tax units (UTM).
For more information on these topics, please contact our #azLabor group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Senior Associate | jaros@az.cl
Felipe Neira | Associate | fneira@az.cl
Alejandra Figueroa | Associate | afigueroa@az.cl
