Law NO. 20,918 ADAPTS LABOR STANDARDS TO THE TOURISM SECTOR Having present that the National Congress has given its approval to the following Bill: " Article 1 °.-Enter the following amendments to the Labor Code, the text of which recast, coordinated and systematised was fixed by the decree with force of law No. 1, 2003, of the Ministry of Labor and Social Welfare: 1) Intercalase, following Article 34, the following Article 34a: " Article 34a.-Without prejudice to the provisions of the preceding article, restaurant workers who attend directly to the public may agree to the interruption. of the daily working day by more than half and for up to four hours, while the sum of the hours actually worked does not exceed the weekly and daily limits laid down in Articles 22 and 28. Each worker may choose to remain in the workplace, but the employer may not, within this period, require the provision of services of any kind; infringement of this obligation shall be punishable by a fine of 60 monthly tax units. The hours of interruption shall not be attributable to the daily working day, but their excess over half an hour shall be remunerated by common agreement between the parties in the said agreement, without the amount of the amount less than the hourly value of one and a half monthly minimum income based on a day of forty-five hours a week. If the period of rape is attributable to the working day, it is not for the time that the working day is already charged to be remunerated according to this provision. The employer must pay for the return of the worker to another place, within the respective urban radius, during the hours of interruption. The pact must include all workers who attend the public service and write in writing. The employer must forward to the Work Directorate copies of the respective pact. Workers in the designated establishments may be incorporated into the pact, which, without directly attending to the public, will be difficult to replace, in consideration of their technical, professional or experience in a particular specialty and the characteristics of the provision of its services. For this purpose, the employer must forward to the Work Directorate copies of the respective pact and the background of the circumstances mentioned in this paragraph. The pact must be agreed with the trade union organizations to which the workers concerned belong and may extend for up to six months, renewable by common agreement. If there is no such agreement, the agreement must be concluded collectively with the workers, before a minister of faith. In order to apply these covenants to the workers of the company without trade union membership, it will be required of their express consent, expressed in writing. The distribution of the day agreed in accordance with this Article shall not be compatible with that referred to in Article 27. During the interruptions of the working day referred to in the preceding paragraphs, the worker shall be under the cover of the insurance referred to in Title III of Book II. " 2. In Article 36, the following point shall be added: Second: " In the case of workers in hotels, restaurants, pubs, bars, discos and the like, the work carried out on the day before a day of rest shall end, at the latest, at 00:00. In justified cases, the limit may be exceeded for up to three hours, which must be paid at a rate of one hundred per cent on the value of the ordinary hour corresponding to the agreed salary. However, the worker must have a rest period of not less than 30 and three continuous hours from the end of the service on the day preceding a day of rest. ' 3) Amend Article 38 as follows: (i) Intercalase, following the fourth indent, the following fifth indent, new, passing its current incisos fifth to seventh, to be sixth to eighth, respectively: " In the case of the workers of gambling casinos, hotels, pubs, discos, restaurants, clubs, bars and the like, and tourism operators, the distribution of the weekly ordinary day shall be subject to the provisions of the third and fourth subparagraphs, unless the parties agree to distribute the weekly working day of such the worker has at least twenty-nine Sundays of rest in the period of one year or, alternatively, with fifteen Sundays off in the space of six months. The distribution on Sundays must be agreed in writing in the contract of employment or an annex thereto and may not consider the provision of services for more than three Sundays in a row. If at the date of termination of the contract, the worker has not made use of the breaks on Sunday to which he is entitled according to the proportion established by this paragraph, the employer must pay those days in the respective finiquito. This payment shall be made with the surcharge referred to in Article 32 (3) and may not be charged to the payment of the proportional holiday, if any. "(ii) Replace in its fifth indent, which has become sixth, the expression" third and "fourth and fifth" by "third, fourth and fifth". (4) In Article 64, the following second, third and fourth points are added: " Workers shall be entitled to receive all sums which the customers of such establishments are to be delivered by means of gratuities, either directly or in the form of a cash to the worker, as well as through the means of payment accepted by the employer, such as credit cards, debit cards, cheques or other receivables. The employer will not be able to dispose of them, it must be given in full to the workers and will not be able to make discounts of any kind on them. You will also not be able to distribute the tips, which only falls on the workers who receive them from the client, who will understand their property. In the case of payment by credit card or other evidence, the employer shall settle and find out such sums on the date on which it agrees with its employees, which may not exceed seven working days from the date of receipt of the credit card. client. In such cases, the employer must provide the worker with a copy of the voucher or voucher stating the total amount paid and the value of the service or product purchased. In the case of special events organised by the employer and paid after their conclusion, this period shall be extended until the date of payment of the respective invoice, when the tip is incorporated therein. If the tips are not paid in cash, the time limits set out in the preceding paragraph may be extended exceptionally when, as a result of the geographical isolation of the area in which the establishment is located, this is linked to the lack of resources. electronic payment, it is not possible to deliver the tips in the established time. " Article 2.-Amend article 2 of Law Nº 19,973, as follows: 1) In the first paragraph: (i) Intercalase, following the expression "cabarets,", the phrase "commercial premises in public civil aerodromes and airports," (ii) Attaché, following the separate point, which becomes followed, the following sentence: " The shops of the convenience associated with the sale of fuels may attend to the public to the extent that the activity of direct sale of the products that are offered, with the elaboration and sale of prepared foods, that they can be consumed by the customer in the premises itself. " 2) Intercalase the following second indent, new, passing the current second indent to be third: " The workers who, in accordance with the provisions of the foregoing paragraph, are exempt from the rest of the periods mentioned above, shall be entitled to the same, at least once every two years in respect of the same employer, being able to agree with this rotation of the staff necessary for this purpose. "" And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, May 23, 2016.-MICHELLE BACHELET, President of the Republic.-Exxima Rincon González, Minister of Labor and Social Welfare.-Luis Felipe Cespedes Cifuentes, Minister of Economy, Development and Tourism. What is transcribed to you, for your knowledge.-Francisco Javier Díaz Verdugo, Assistant Secretary of Labor.