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April 12, 2023
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Union organizations reject labor flexibility measures in the 40-hour Law: “The project covers up severe setbacks”

After the approval registered in the Chamber of Deputies and Deputies, more than 12 union organizations rejected the labor flexibility measures contained in the bill that reduces the working day, better known as the 40 Hours.

Through an open letter, the entities expressed their disagreement with the initiative, assuring that “under the headline of reducing the working day to ’40 hours’, the project conceals severe setbacks that seriously affect the rights of workers.”

“In particular his certainty about the working day and the control of his free time: the 40 hours will no longer be in the week but averages in a four-week cycle, giving the employer the choice of work shifts giving notice with only one week in advance and the possibility that in certain weeks you have to work up to 52 hours in order to save overtime pay, incorporating as the only requirement the acceptance of unions without any requirement of strength or representation,” they added.

In addition to the above, they pointed out that these are “unprecedented flexibility measures”, which “were not contemplated in the original project nor are they related to the main ideas of the project”. To this, they add that “they were not part of the government program proposed to the citizens either and are more serious than those promoted by the last five governments.”

“The project is also deficient because the exclusion of working hours from the second paragraph of article 22 is not eliminated and as a solution an administrative claim and a subsequent court trial are promised, if the working hours are not reduced for part-time workers, for which reason tens of thousands of workers will remain without the right to an effective reduction in working hours. In addition, it will only come into effect in five years (2028),” they reported.

In addition, they maintain that the project is “incoherent”, since “exceptional working days are maintained in practice at averages of 42 hours, promoting that the rest days that are granted in workers’ compensation be traded for money; divides up to four hours of snacks for hotel and club workers, which will imply that the time of entry is anticipated or the departure of work is postponed, which in practice increases the hours available to the employer”.

“We support the claim to reduce the working day, it is necessary for the well-being and improvement of labor productivity, but that cannot silence the criticism when we warn that under our banners, precarious work formulas end up being protected,” they sentenced.

It should be noted that the letter was signed by the Confederation of Banking and Allied Unions, National Confederation of Electrometallurgical, Mining, Automotive and Related Branches of Chile (CONSFETEMA), National Federation of Leading Workers, Federation of Autonomous Walmart Unions (FSA), Federation of Mining Workers (FETRAMIN), Chilean Federation of Television Unions (FETRA TV), Aguas Andinas Professionals and Technicians Union, Ripley Call Center Union, Metrogas SA Company Union No. 1, National Union of SGS Companies Minerals, Ripley Mall del Centro Union, FENATS Barros Luco and Antonio Páez (president of the Starbucks Union).

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