Chile has entered the second phase of the 40-hour law implementation, reducing the standard weekly workweek from 44 to 42 hours. The transition has triggered immediate political friction regarding new rulings from the Labor Directorate (DT) that govern how the reduction is applied.
According to cooperativa.cl, the opposition is questioning two specific DT rulings. The first establishes supplementary rules for situations where employers and workers fail to reach an agreement on the new schedule. The second addresses Article 22, paragraph two of the Labor Code, which allows certain workers to be excluded from standard hour limits if their roles do not allow for direct supervision.
Senator Karol Cariola, a key architect of the law, accused the administration of attempting to undermine the legislation's intent. She argued that the new criteria from the Labor Directorate undermine the necessity of mutual agreement.
"They have tried to manipulate the implementation of the law in various ways, but it is explicit in establishing that there must be an agreement between the worker and the employer to reduce the schedule," Cariola stated, according to cooperativa.cl.
Cariola further alleged that the DT's new criteria allow employers to make unilateral decisions simply by claiming they attempted to negotiate. She warned that these rulings could leave many workers excluded from the benefits of the hour reduction.
Government defends flexibility to protect jobs
On the other side of the debate, Deputy Ximena Ossandón (RN) defended the government's implementation, stating the rollout follows the agreed-upon framework. She emphasized that the application of the law must prioritize job security.
"The Government is implementing the project as agreed, and this application involves a series of agreements that normally occur between employers and employees or unions," Ossandón said, according to the report.
Ossandón noted that the rulings are particularly necessary for sectors with undefined schedules, such as tourism. She maintained that flexibility is required to ensure business continuity and protect employment.
David Oddó, director of the Labor Directorate, clarified that the primary mechanism remains mutual agreement between both parties. He explained that the DT has provided clear rules to ensure legal certainty when agreements cannot be reached.
For a five-day workweek, the DT rules allow for adding one hour to two specific days. For a six-day workweek, the reduction is distributed by applying 50 minutes to one day, 50 minutes to a second, and the remaining 20 minutes to a third day, according to the DT director.
