“Overtime is defined as those that exceed the legal maximum or the contractually agreed maximum if it is lower” It should be noted that the duration of the presence at their workplace of parents excluded from the limitation of working hours is determined only by the requirements of the position, regardless of the existing working day in the company or the schedule of its operation. It may be higher or lower than these parameters, depending on the circumstances and without control. 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. Although there are many types of working hours in Chile, there are solutions to organize this aspect in your company. From there, GeoVictoria has a number of attendance control methods that allow you to perform this task automatically. It should be remembered that attendance registration is a mandatory activity, otherwise the company will be fined. What is the working day of domestic workers? The working day of domestic workers who do not live in the employer`s home may not exceed 12 hours per day, with a rest period of one hour during this period. If employees live in the employer`s home, they are not subject to a schedule due to the nature of their work.
In all cases, the daily rest period must be at least twelve hours. Between the beginning and the end of the daily working day, rest will be uninterrupted and usually at least 9 hours. They are also entitled to one full day of rest per week, which may be divided into two half-days at the request of the employee, and do not return to work until the beginning of the following day. Similarly, they have the right to rest on days that the law declares public holidays (such as 1 January, 1 May and 18 September). According to the provisions of the Labour Code (CT), there are many types of working hours in Chile and the determination of their schedule depends on factors such as the field in which each worker develops. But let`s start with the first thing: what does the working day mean? Its definition is set out in Article 21 of the CP and is the period during which the worker must actually provide his services in accordance with the contract. In addition, the period during which the employee is at the disposal of the employer without performing work for reasons beyond his control is considered a working day. For example, if the employee`s salary is $500,000, the standard hour of work is $2,593, so overtime is $3,890 ($2,593 + $1,296 (legal supplement of 50%). If you work 3 hours of overtime, the $11,670 salary must be added.
How to understand all these types of work schedules? At GeoVictoria, we want to order everything related to working days. Therefore, we have prepared the following guide. Then! 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 length of the ordinary working day is subject to legal limits, which the parties must respect in accordance with the employment contract. The precondition for this day is: in fact, the data provided by President Boric are genuine. According to the Organisation for Economic Co-operation and Development (OECD), the legal working hours of the 34 member countries are on average 40 hours per week. The Labour Code defines overtime as hours of work that exceed the legal or agreed maximum.
According to the Labour Code, there are many types of working hours in Chile. It basically depends on the industry or company where the employee works. Not everyone is required to work 45 hours a week. Not all workers are equal, whether in the private or public sector. In addition, there is part-time work, shifts and many other forms of time. Can the regular working day be extended to salespeople? Yes. The normal working day for commercial workers is 45 hours per week, as stipulated in the Labour Code, but may be extended by 9 days in the run-up to Christmas. The days must be spread over the last 15 days before this date, in which case overtime will be paid. However, the schedule may not exceed 11 p.m. On Christmas Eve and New Year`s Eve, vendors do not work after 8 p.m. Employers who violate this rule will be subject to a fine of 5 monthly tax units (UTM) for each employee concerned.
If you are responsible for 50 or more workers, the fine is 10 UTM for each worker concerned and 20 UTM if you have 200 or more workers. Below we summarize the main types of working hours in Chile in private companies: In the working day schedules in the private sector, there are different types of schedules. In addition, the Labour Code included pacts on the distribution of working time in the 2016 labour reform. This means that if your normal working hours were until 20:00, they can only be extended by nine days until 22:00. While Chile is the third country with the longest legal working day among OECD members at 45 hours per week, other members of the same organization set a maximum of 38 or 35 hours in their rules. During this time, however, overtime is not counted, where the days increase even more. The maximum legal working day per week is 40 hours per week (excluding overtime) in most advanced economies, according to a report published by the BBC. In this line, they explain that in developing countries, it is 48 hours. 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.
Overtime is defined in Article 30 of the CT as exceeding the legal maximum or the contractually agreed maximum. According to La República de Colombia, 24 countries of the aforementioned international organization have legal working days of 40 hours or less. The President`s statements came at the time of the announcement of the indications and the extreme urgency of the bill to reduce the working day in our country to 40 hours per week. The Labour Inspectorate defines breaks as a rest period that must exist between one day of actual work and another. the duration of which must be at least equal to working time. 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. The working day can be organized into shifts so that the company`s activities can be developed 24 hours a day, 7 days a week. We can program it in two ways to work the way we want it to: What does the workday look like for intercity freight vehicle drivers? The working day of drivers of intercity freight vehicles must not exceed 180 hours per month, which must be spread over less than 21 days.