LEY NÚM. 21.498

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Bearing in mind that the H. National Congress has approved the following bill initiated in motion of the Honorable Senators Isabel Allende Bussi and Ximena Rincón González, and of the former ladies Marcela Sabat Fernández, Carolina Goic Boroevic and Adriana Muñoz D'Albora,

Bill:

"Unique item. Replace the final subparagraph article 202 of Labour Codefor the following:

"Even if during the period of pregnancy the authority declared the state of constitutional emergency of catastrophe, by public calamity, or a health alert, on the occasion of an epidemic or pandemic due to a contagious disease, the employer shall offer to the worker, during the time of the aforementioned state of emergency or the referred health alert, the modality of work at distance or telework, in accordance with Chapter IX of Title II, If the nature of the functions of the worker is not compatible with the remote or teleworking modality, the employer, in agreement with the worker and without reducing his or her remuneration, shall assign it to work that does not require contact with the public or with third parties that do not perform duties in the workplace, provided that this is possible and does not matter to the worker. The stated obligation shall be required for the time that the state of constitutional emergency of catastrophe, by public calamity, or by health alert and in the territory in which the authority has determined its application. "..

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, November 4, 2022.- GABRIEL BORIC FONT, President of the Republic.- Jeannette Jara Román, Minister of Labour and Social Security.- Ximena Aguilera Sanhueza, Minister of Health.- Antonia Orellana Guarello, Minister of Women and Gender Equity.

What I write to you for your knowledge.- Giorgio Boccardo Bosoni, Undersecretary of Labour.