For several lawyers, the service acted correctly by sanctioning the CMPC plant. However, several agree that the DT must issue an opinion to fully clarify the issue.
The fine issued by the Malleco-Angol Labor Inspection to the Pacific Plant of CMPC, located in Collipulli, for not reducing the working day of its workers to 44 hours, activated the chats of labor lawyers.
While some supported the criteria of the government service, others insisted that it is necessary for the Labor Directorate – led by Pablo Zenteno – to issue an opinion on the situation to finally clear up the doubts.
The differences of opinion are based on the position expressed by each of those involved in this situation.
The firm estimated that workers spend 45 hours in the company’s facilities, but that their hours are shorter, since they spend 30 minutes a day on meals.
On the other hand, the inspection confirmed on the ground that the scheme is actually distributed over five days from Monday to Thursday from 8:00 a.m. to 5:30 p.m. and on Friday from 8:00 a.m. to 3:00 p.m., including half an hour of snack time, but that the latter is attributable to the day according to the employment contract and internal hygiene and safety regulations. This, in short, creates a 45-hour schedule, which is why the company had to reduce it to 44 hours.
The partner and director of the Albagli Zaliasnik labor group, Jorge Arredondo, suggests that the inspection criterion is wrong, since it would lead to companies where snack time is attributable to the day, ending up with a working day even less than 40 hours.
“It seems incorrect to me that the inspection’s criterion of understanding that in the absence of an agreement the working day has to even be reduced below 40 hours, that is not in the spirit of the Law and there is an express rule in this regard. The application of a fine does not seem appropriate to me when there is still no doctrine signed by the Director of Labor regarding this matter,” he maintains.
Source: Diario Financiero, May 6, 2024.
