Co-funded by the European Union

Chile: The Labour Directorate establishes the meaning and scope of Law No. 21.645 on the protection of maternity, paternity and family life

  • Law N°21.645, published on 29 December 2023, amended the Labour Code to strengthen maternity, paternity, and family life protections. It introduces a new regime for remote work and telecommuting under specific conditions.
  • On 26 January 2024, the National Director of Labour issued Dictamen N°67/1, providing legal interpretation and guidance on the law. 

Law N°21.645 aims to facilitate a balance between work and personal life for employees caring for children under 14 or individuals with disabilities or severe dependency, allowing for telework or remote work arrangements.

Provisions include:

  • Job security.
  • Salary maintenance for at least twelve months.
  • Flexible working hours.
  • Emotional and social support networks.

Dictamen clarifies the law's objectives, application scope, and operational aspects concerning remote work and telecommuting arrangements for employees with caregiving responsibilities.

It details the documentation employees require to prove their eligibility and outlines the procedural steps for requesting remote work or telework arrangements. Furthermore, it highlights the employer's responsibility to respond within specified timeframes and provides criteria for evaluating the feasibility of remote work based on the nature of the employee's duties.

Employers are encouraged to align with these principles, reevaluating existing work policies and practices to offer eligible employees the option to work remotely or telecommute, provided that the nature of their job allows it. 

This adjustment underscores the importance of flexibility in the modern workplace, pushing employers to adopt more inclusive and adaptable employment models.