Advanced Search

CHANGES THE CA "I SAY OF THE WORK IN RELATION" N WITH THE WORKING DAY OF RAILWAY PERSONNEL

Original Language Title: MODIFICA EL CÓDIGO DEL TRABAJO EN RELACIÓN CON LA JORNADA DE TRABAJO DE PERSONAL DE FERROCARRILES

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LAW NO. 20.767 MODIFIES THE LABOR CODE IN RELATION TO THE WORKING DAY OF RAILWAY PERSONNEL Having regard to the fact that the National Congress has given its approval to the following bill of law that originated in a motion of the Mr Osvaldo Andrade Lara, Mr Tucapel Jiménez Fuentes, René Saffirio Espinoza and Mario Venegas Cárdenas, Mrs Alejandra Sepulveda Orbenes, and the former Members of Parliament, Mr Alfonso De Urresti Longton, Mr Roberto Delmastro Naso and Mr Carlos Vilches Guzman, and Marta Isasi Barbieri and Adriana Munoz D' Albora. Draft law "Single article.-The following amendments to the Labour Code are introduced: 1.-Article 25: (a) Reposition, in the first subparagraph, the phrase" inter-urban passenger transport services and the phrase " on board the railways, 'for the following:' and inter-city passenger transport services, '. (b) Eliminate, in the third subparagraph, the words' and the personnel on board the railways '. 2.-Incorporate the following Article 25b: " Article 25b.-The working day and breaks of the workers who perform as part of the crew on board the railway shall be governed by the following rules: 1. The work will not exceed one hundred and eighty hours a month. The daily working day may not exceed seven hours 30 minutes in the case of passenger transport, nor shall the continuous nine hours in the case of freight transport, both periods within a period of 24 hours. In the event of circumstances such as the time of crossing of trains, accidents, or other difficult to foresee and involving the interruption of the rail passenger or freight service, exceeding the maximum times set out in the paragraph The employer must pay the hours in excess of the same surcharge as provided for in Article 32. However, if the contingencies described involve a delay such that the 11 working hours are to be exceeded, the employer must provide a relief crew for the continuation of the service. 2.-The monthly programming of the services to be carried out must be delivered to the worker at least fifteen days in advance. 3.-In the case of passenger trains, the driver shall not be able to drive more than five continuous hours, after which he shall be entitled to an hour of rest attributable to the day's day. 4.-The daily ordinary day shall be completed by the worker entitled to a minimum rest of 10 hours, which shall be added to the time necessary for the worker to be transferred to the place where he stays or rests. 5.-The parties may schedule shifts of waiting or call of up to seven hours thirty minutes continuous within a period of twenty-four hours for the performance of a service; however, after the hours of the said shift, the worker shall be entitled to a minimum rest equal to that indicated in number 4. The hours corresponding to the call shifts shall not be attributable to the monthly working day and shall be remunerated by mutual agreement between the parties. This remuneration may not be less than the value of the hour corresponding to one and a half monthly minimum income. 6.-The above rules shall apply without prejudice to the second sentence of Article 38. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, August 4, 2014.-MICHELLE BACHELET, President of the Republic.-Javiera Blanco Suarez, Minister of Labor and Social Welfare. What I transcribe to you for your knowledge.-Francisco Javier Díaz Verdugo, Assistant Secretary of Labor.