40 hours Law regulations.
On 04/26/2023, Law No. 21,561 was published, which reduces the length of the working day to improve the quality of life of workers governed by the Labor Code.
After the reactivation promoted by the Government of the project presented in 2017, the initiative had 127 votes in favor and 14 against in its last legislative process, being ready to become law.
The 40 Hours Law will come into effect after President Boric signs it for its promulgation and subsequent publication in the Official Gazette.
One of the characteristics of this law to reduce working hours is its gradual application, so its application can be carried out progressively over a period of 5 years.
Do you want to know the dates on which the 40 Hour Law will be implemented? We invite you to continue reading to find out.
Gradual implementation of the 40 Hour Law
The new law that reduces weekly working hours allows companies to gradually implement it over a maximum period of 5 years.
The gradual implementation of the 40 Hour Law can be carried out as follows:
One year after the law comes into effect: the working day will be reduced from 45 to 44 hours per week.
Three years after the law comes into force: the working day will be reduced to 42 hours per week.
5 years after the law comes into force: the working day will be reduced to 40 hours per week.
It should be noted that companies have the possibility of bringing forward the implementation of the reduction of working hours per week.
There are already more than 500 companies that have implemented the reduction of working hours and have the 40 Hour certification.
Example of a working day after the implementation of the law
To better understand the gradual implementation of the 40 Hour Law, we can look at the example of a person who currently works from 8 a.m. to 6 p.m. with non-attributable lunch:
1st year of implementation: the person in the example would leave work at 5 p.m. on Fridays.
3rd year of implementation: the person’s departure time would be at 5 p.m. two days a week.
5th year of implementation: departure time would be every day at 5 p.m.
The project proposes that overtime surcharges (50%) can be exchanged for days off during the year and instead of recharging the value of the hour by 50% of its value, they can be exchanged for 1.5 hours off, with a limit of 5 days a year.
Changes in article 22 of the Labor Code and additional regulations.
Article 22 second paragraph is modified, the Law reduces the causes that allow workers to be excluded from the limitation of working hours, with the new wording, they will only be able to benefit from article 22 second paragraph:
“workers who provide services as managers, administrators, representatives with administrative powers and all those who work without immediate superior supervision due to the nature of the tasks performed.”
It also regulates special regimes. Although there are more categories, one of the most characteristic is that of private home workers. In the case of outside doors: the reduction to 40 hours per week will operate according to the ordinary working day. In the case of indoors, the current system is maintained, with a minimum rest of 12 hours a day, but with a compensation of two days of additional monthly rest in order to materialize the reduction. These days may be accumulated by mutual agreement up to a period of three months, guaranteeing effective rest time.
Likewise, for exceptional days, which work with continuous processes, such as mining, it is allowed to compensate the excess over 40 hours with additional annual rest days.
Establishes co-responsibility mechanisms, such as time bands, that allow differentiated entry and exit so that mothers, fathers and caregivers of children under 12 years of age can anticipate or delay the start and/or departure of work, which will allow them to better reconcile school schedules with work days. Another co-responsibility mechanism is the possibility of compensating overtime for up to five additional holiday days.
The distribution of the ordinary day into 4 days of work and 3 days of rest, known as 4×3, is permitted. Companies that implement the 40 hours without waiting for gradualness may also apply the 4×3 shift in advance, in agreement with the workers.
Taking into account the particularities of the world of work, the law contemplates specific support actions for the world of SMEs through two technical and decentralized services such as the National Training and Employment Service (Sence) and the Labor Directorate.
It also allows premediation of the day; That is, there will be the possibility of agreeing with the worker that the day to be scheduled