Law of 40 working hours in Chile: when does it apply and what does the 4×3 shift consist of?

After six years of discussion, the Chilean Chamber of Deputies approved, Tuesday, April 11, to reduce the working day from 45 to 40 weekly hours. This decision, in legislative matters, makes the southern country the second in Latin America with the shortest work week, behind only Ecuador. What is needed for it to enter into force and what does it consist of? turn 4×3 What does this initiative include? We tell you here.

This law will benefit 4.7 million workers. However, for it to begin to be applied, the signature of President Gabriel Boric and the respective publication in the Official Gazette of the Republic of Chile are required, that is, a simple procedure is required, considering the bet of the ruling party for giving the green light to this job change.

Chile: when does the law of 40 weekly hours start?

The promulgation of this law is scheduled for May 1 on the occasion of the International Workers’ Day. Currently, the Chilean norm, in accordance with the Labor Code, allows working up to 45 hours per week.

Law 40 hours: what is it and how will the application be?

If enacted, the change will be gradual over a period of five years so as not to affect employment and SMEs, according to what the Government ordered. The workers will go from a 45 to 44 hour day the first year after the law was published, to 42 years the third year and 40 the fifth.

• 1.^er year: decrease to 44 hours weekly.
• 3.^er year: decrease to 42 hours weekly.
• 5th year: decrease to 40 hours weekly.

It is important to note that these are the maximum terms, because Any company that wants to anticipate the reduction in working hours can do so without waiting for gradualness.

4×3 shift

The law contemplates the distribution of the ordinary working day four days of work for three of rest, also known as 4×3. Employers that implement the 40 hours without waiting for gradualness may also apply this shift in advance, always in agreement with the workers.

For this, it is proposed distribute the day extra day of rest in the four days that are worked. In this way, the daily workload would become 10 hours of work for four days of the week.

Law of 40 hours: special regimes included

In accordance with the law, these items, considered special shifts, will also have reduced hours:

• Private house workers (outside and inside doors)
• drivers
• Interurban and rural passenger transport auxiliaries
• Drivers of interurban land cargo vehicles
• farm workers
• railway workers
• Flight and cabin crew on the ground
• Workers who provide services as managers
• Workers without immediate supervision
• Hotel or club workers
• Freelance platform workers
• Seafarers.

40-hour law: excluded workers

It will be applied to all workers with the exception of those who have senior management and those who are not subject to superior control.

With respect to public officials, negotiations are underway with the Public Sector Board so that the reduction of the working day to 40 hours is also a reality for them. For now, they will continue under the 45-hour modality until an agreement is reached.