If you have any questions about your sorting plan, you can contact the Directorate of Labour at 600 450 4000. In accordance with article 33 of the Labour Code, the employer must keep a register to monitor the attendance and hours worked by employees. In this sense, the register can consist of a workbook or a digital system. That is, you have to pay at least 50% more on the value paid for the usual hour. In other words, if the regular hour is worth $1,000, overtime must be paid at least $1,500. Similarly, overtime is paid on Sundays, public holidays or at night, provided that it concerns employees who do not have the right to work on those days. The parties may also agree to pay overtime at a higher price. Also known as the « ordinary long day » for its extension of 12 hours a day. It generally applies to workers in hotels, restaurants and clubs and can only be spread over 5 days (12 × 5 = 60 hours per week). As a general rule, the 45 hours per week are divided into 9 hours daily, which are counted from Monday to Friday. However, there are places where it is fixed between Monday and Saturday, so the daily working day is calculated at 7 hours and 50 minutes. No. It is not mandatory to provide a rest period for sorting if workers have a daily working day of 2 or 3 hours.

According to this text, the Labour Code stipulates that a day of 2 or 3 hours does not cause wear and tear to allow a break in the working day. Therefore, if the regular hour is worth $3,000 and the worker works 20 hours a week, that would give us $60,000. To this we add the current week, it depends on the number of Sundays or holidays you work, if you work 1 Sunday, overtime will be worth $3,000, so you will add $4,500 (3,000 * 1.5) to the monthly salary. In any case, the daily working day should not exceed 10 hours. According to article 24 of the Labour Code, the normal working day of industrial workers may be extended up to two hours a day nine days before Christmas, spread over the last fifteen days preceding the holiday. This means that if your normal working hours were until 20:00, they can only be extended by nine days until 22:00. If approved, employees benefit from a working day of 40 hours per week, which applies in medium and large companies one year after the sanction of the rule. According to article 34 of the Labour Code, the working day must be divided into two parts, leaving a period of at least half an hour between them for compilation.

It is important that overtime is agreed in writing and with a maximum validity of 3 months and can be extended by agreement of the parties. In the absence of a written agreement, overtime is considered to be overtime worked beyond the agreed working day to the knowledge of the employer. In this case, overtime must be calculated according to the value of the minimum monthly income, even if the employee has a lower salary, and in the same way a supplement of 50% is deducted from the value of the ordinary hour. During working hours, a schedule must be established by law so that the employee can have lunch. In the MisAbogados team, we`ve created this infographic summary of key points to keep in mind when working overtime. You can share it wherever you want: it should be noted that the duration of the presence in their workplace of relatives excluded from the limitation of working hours is determined solely by the requirements of the position, regardless of the existing working day in the company or the schedule of its activity, and may be higher or lower than these parameters, depending on the circumstances and without control. The first thing to clarify is that it doesn`t have to be a lunch break, although it`s the most common in most businesses. Currently, the working day in Chile should not exceed 45 hours per week.

According to the contract, the employer and employee agree on the allocation of hours and days per week. The working day in Chile has been a source of national controversy in the past, especially now that workers are demanding an improved quality of life. It should be remembered that thanks to electronic assistance systems, as is the case with Relojcontrol.com, marking the exact time of arrival and departure, you can also accurately determine the time allocated to lunch, which ultimately facilitates the process of the person responsible for subtracting these hours from the day. It is appropriate that the employee may not even be available to the employer during this break. Therefore, there is no legal obstacle for you to leave the company premises and use this period as you wish. This is « intermediate time that is not considered worked to calculate the length of the daily working day ». Therefore, the law only sets a minimum time of at least half an hour. In principle, according to DT, there would be no disadvantage for the parties to agree on a period of more than half an hour. The best thing about reducing the workday to 40 hours is that it does not change the current pay system. That is, the employee`s salary will not deteriorate with the new working day.

Luis graduated from the Central University of Chile. During his professional experience, he has devoted himself to litigation in civil law, labour law and administrative procedures. The above, in the law firm Meza Bello y Asociados Spa, and as lawyer and in-house legal advisor in the economic group La Piccola Italia, Servicios JMB Spa. The law stipulates that a maximum of 2 hours of overtime per day and a total of 12 hours per week may be worked. Overtime is monitored by attendance records, which each employer must keep, among other things, by means of an attendance logbook, a registration control clock or a fingerprint system. Article 33 of the Labour Code provides: In addition, the employer must pay for the employee`s transportation to and from another place. This must be done within the radius of the respective city during the hours of interruption. All this means that the employee is not obliged to enter the daily arrival and departure times in the attendance control register kept by the company, because he does not have a working day to complete. In order to take into account the fact that employees are not assigned full-time, but part-time, it must not exceed 30 hours per week. This day shall be continuous and shall not exceed 10 hours per day and shall be interrupted for a period of at least half an hour or more than one hour for sorting or resting. « The working day is divided into two parts, which leaves at least half an hour between them for sorting. This intermediate period shall not be considered completed for the purpose of calculating the length of the daily working day. If the employee is paid on the basis of agreements, commissions, bonuses or other variable remuneration and there is no agreed salary, overtime is calculated on the basis of the value of the minimum monthly income and similarly corresponds to a 50% increase on the normal hour.

It has a duration of 90 hours, which can be divided into 10, 11 or 12 days, with the right to a rest of 4, 3 or 2 full days, which can also be compensated on Sundays and public holidays. Similarly, and in any case, article 29 of the Labour Code mentions that all agreed hours beyond the working day are considered overtime and must be remunerated. In any event, exceeding the first half hour must be remunerated with an amount at least equal to the hourly value corresponding to a minimum monthly income and a half. This is based on one day of forty-five (45) hours per week. « Overtime is defined as those that exceed the legal maximum or that are contractually agreed if they are lower » Under fierce opposition from the current government, the Communist Party of Chile has proposed to Congress a bill to reduce daily working hours from 45 to 40 hours per week, as in Spain or Switzerland.