Once it is published in the Official Gazette, the Law that modifies Title II of Book II of the Labor Code called “On the Protection of Maternity, Paternity, and Family Life” regulates telecommuting and teleworking for those workers who perform caregiving tasks will enter into force.
Workers who have under their unpaid care a child under 14 years of age, a person with a disability, or a situation of severe or moderate dependency, regardless of their age, may access this right. A child’s birth certificate must evidence this situation, as must registration in the National Registry of Disability or the Registry of Caregivers, as appropriate. The requirement must be in writing and incorporate a face-to-face and remote work proposal. The employer has 15 days to analyze the background and give a response, with the possibility of providing alternatives or justifying an adverse response following the Law. The agreement will be established as an annex to the contract.
To favor the harmony of family life, workers with care work who are in charge of a child under 14 years of age or an adolescent under 18 years of age with a disability will have the right to request a legal holiday during the vacation periods established by the Ministry of Education (MINEDUC). The employer must analyze their request, which must be submitted 30 days in advance, and preferentially consider those without the responsibilities described.
In the case of work shifts during the school vacation period defined by MINEDUC, workers may request that the shifts or distribution of their workday be temporarily modified without altering the length of the weekly workday, nature of their work, or remuneration. This is to the extent that the nature of their duties allows it and is compatible with the company’s schedule. The request must be made 30 days in advance, and the employer has ten days to answer it, with the power to offer an alternative or argue its rejection.
The regulation also contemplates that the union organizations may agree during the school vacation period that the workers may temporarily reduce their working hours during part or all of such a period, which will return to the conditions initially agreed upon once the period is over.