LAW NO. 20,321 ON SPECIAL CONTRACT OF FLIGHT CREW AND |! | AUXILIARY CREW OF COMMERCIAL AIRCRAFT OF |! | PASSENGERS AND CARGO Having present that the H. National Congress has |! |given its approval to the following Bill: " Article -Add the following Chapter |! | VII in Title II of Book I of the Code of the |! | Work: " Chapter VII of the Contract of Flight Crew and Crew Members |! |of Passenger Commercial Aircraft Cabin and |! | Load Article 152 ter.-The rules of the present |! | Chapter, will apply to the crew of |! |flight and cabin crew companies that provide |! |passenger or cargo transport services, without |! |prejudice to their attachment to safety standards in the |! |flights, different to the ones given by the Directorate |! | General of Civil Aeronautics. Also, all the rules |! |of this Code will apply to them, as long as they are not incompatible or |! |contradictory with the rules of this Chapter. |! | Article 152 ter A.-For the purposes of the present |! | Chapter, it is understood by: a) Flight crew: They are those |! |workers licensed to allow |! |assign them essential obligations for the operation |! |of an aircraft during the flight time. No |! |will lose your flight crew status, |! |the worker who, hired as such, is |! |assigned functions on land. In case the |! |maintenance of the respective license requires a |! |minimum number of flight hours, the employer will be |! |forced to plan the Flight Roles in such a way |! |that at least be met with said hours; b) Cabin crew: They are those |! |workers who, counting with their respective |! |license, participate in service duties and |! |passenger care, as well as care and |! |safety of persons or things that are transported |! |on the aircraft. You will not lose your job status of |! |cabin crew member, the worker you hired |! |as such, assigned to you on-shore functions; c) Flight Service Period: Corresponds to |! |elapsed time, within a 24-hour period |! |consecutive, from the moment the crew member of |! |flight and cabin is presented in the dependencies |! |airport or place assigned by the operator, with |! |the object of preparing, performing and ending |! |operationally and administratively a flight, until |! |the crew member is released from all function. It will also be understood as Service Period |! |of Flight the hours destined for training |! |plane newspapers and synthetic trainers of |! |flight, periodic evacuation practices on land or |! |in the sea (ditching), as well as Flight transfer |! |operator convenience; d) Service Period: Time |! |corresponding to any activity assigned by the |! | Operator to a crew member, alien to flight itself; e) Flight time: Total elapsed time |! |since the plane starts its movement with the |! |purpose to take off, until it stops |! |fully at the end of the flight, and f) Flight Role: It is the instrument of |! |flight planning that corresponds to the day |! |on work shifts of the crew, and that meets |! |the functions noted in the article number 5 of the article |! | 10 of this Code. Article 152 ter B.-The monthly day of |! |work of the flight crew and cabin crew may |! |be ordinary or special, if any. Article 152 ter C.-The employer or the operator, |! |in your case, must deliver with an anticipation of a |! at least five days the Flight Role that will govern the |! |day of the workers during the following month. |! | The employer may modify, for any reason, |! |such Flight Role within its term of validity, |! |as long as the free days |! |scheduled of the worker are not affected. If the change of a Flight Role implies a |! |less number of hours of flight, the worker will have |! |right to be remunerated in accordance with the |! |hours originally scheduled; if it implies a number |! |higher flight hours, these must be paid |! |in full. This rule will apply only to those |! |workers whose remunerations are calculated total or |! |partially on the basis of effective hours of |! |flight. If in case of force majeure or fortuitous case the |! |scheduled free days were affected being the |! |worker out of their place of residence, these |! |shall be compensated by common agreement. It will not be considered change of Flight Role that |! |alteration product of the request of the own |! |worker. Article 152 ter D.-The monthly day of |! |work of flight and cabin crew members will not |! |exceed one hundred and sixty hours, except that the |! | Directorate General of Civil Aeronautics, for reasons |! |security, determine to establish a day less. |! | Your distribution will be done through the Roles |! |flight. If the service period tasks in |! |land are developed for seven days or more in the month |! |calendar, the monthly day will not be able to exceed the |! |one hundred and eighty ordinary hours. The ordinary day will not be able to exceed twelve |! continuous hours of work. Without prejudice to this, the |! |ordinary day may extend up to fourteen |! |hours before the occurrence, in the respective flight, of |! |weather contingencies, medical emergencies or |! |qualified maintenance needs of the |! |aircraft, which are understood to have the |! |character of such as they are entered in the |! | Minimun Equipment List (MEL), updated by the |! | Directorate General of Civil Aeronautics or the entity to |! |which the company is subject as to the |! |flight security. The hours that for these circumstances extend |! |the ordinary day, must be paid at least |! |with the surcharge indicated in article 32 of this |! | Code. The compensatory rest systems after |! |flight services on the ordinary day, will be |! |the following: Flight crew Flight Service Period Flight Hours 7 10 8 12 9 13 10 14 11 15 12 15 Cabin Crew Members Flight Service Hours of Rest 7 10 8 11 9 12 10 13 11 14 12 15 With everything, if a Flight Service Period is |! |develops in seven hours or less, it will not be possible to carry |! |another flight within twenty-four hours of |! |initiated the first, except that between the beginning of the |! |first and the end of the second do not exceed the |! |twelve hours. If the ordinary day is developed on land, |! |only in tasks relating to Period of Service, the |! |day daily will not be able to exceed eight hours |! |continuous, imputing this period to the monthly limit |! |noted in the first paragraph, and for Start a |! | Period of Flight Service, you must mediate |! previously a minimum rest of eleven hours. If the |! work on land extends for a calendar month, |! |the average number of effective ordinary hours worked |! |may not exceed forty-five weekly. Article 152 ter E.-All provision of |! |services on land that are not included |! |in the work of the Service Period of |! | Flight, will be considered as Service Period and |! |must be remunerated according to the average |! |corresponding to the last three months of the |! |worker's remuneration. This rule will be applied |! |only workers whose remunerations are |! |calculate fully or partially on the basis of hours |! |effective flight. Likewise, without prejudice to the viatics and |! |transfers that the employer must provide for the |! |rendering of services on land, but in the |! |foreign, on the occasion of holding events |! |such as fairs, promotions or congresses, the |! |worker will be entitled to that period be |! |paid in the form indicated in the above paragraph |! |. Article 152 ter F.-The special day is |! |that which develops for more than twelve hours for |! |reach more distant destinations, not being able to exceed in |! |case any twenty hours in a span of |! |twenty-four hours, requiring to add to the |! |minimum crew, a determined number of |! |crew. On these flights, the |! | Cabin crews will have to rest on board on a rotating basis to |! at least one hour when the Service Period of |! | Flight exceeds twelve hours, not being possible in such a case |! |the worker develop effective tasks by a |! |span greater than fourteen hours. Also, in this |! |day, breaks must be granted on board the |! |aircraft in comfortable conditions, according to the |! |technical standards taught by the General Directorate |! |of Civil Aeronautics. In addition to the |! |conditions that determine this technical standard, the |! |parts will be able to agree physical improvements for this |! |rest, as well as other types of compensations |! |in accordance with the nature of this day. The employer will be able to schedule flights or routes of |! |long range which, exceptionally, consider the |! |ida and return to the same place with one |! |crew on a special day, attending the |! |following requirements: a) repair to the security of |! |flight by the Directorate General of |! | Civil Aeronautics, and b) That there is agreement with the workers |! |involved and that such agreement be recorded in the |! | Address of the Work, which will have a valid |! |two years. Article 152 ter G.-To the Flight Crew, |! |when they are relieved of their duties in the |! |flight controls, shall be granted rest to |! |board with the object of not exceeding the limits |! |established for the Time of Flight and Period of |! | Flight Service which, for security reasons, |! |provides the Directorate General of Civil Aeronautics. |! | Flight Crew Members will not be able to be in command of |! |controls for more than eight hours, continuous or |! |discontinuous, within a Service Period of |! | Flight, without The |! | Civil Aeronautics Address will set a lower number of |! |hours. The rest periods after a day |! |special will be governed by the following Table: Flight Crew Flight Service Period Flight Hours 12 15 13 16 14 17 15 17 16 18 17 19 18 20 19 22 20 24 Cabin Crew Members Flight Service Hours of Rest 12 15 13 16 14 17 15 18 16 19 17 20 18 21 19 22 20 24. Article 152 ter H.-In no case, the |! |distribution of the ordinary and special day may |! |imply that monthly the worker remains |! |more than eighteen nights out of his place of |! |residence, except the case of special commissions or |! |occasional abroad. If the duties of a crew member develop |! |for up to five continuous days, you will have |! |right to a minimum rest of two days. Also, |! |will be entitled to a four-day break in case |! |that the tasks are developed by space of six |! |and up to ten days on a continuous basis. However, no |! |worker will be able to provide services for more than ten |! |days on an ongoing basis. Exceptionally, the willing |! |in the above paragraph, workers who have |! |agreed in their employment contracts will not be applicable clauses that |! |determine their freedom to choose monthly the |! |distribution of their Flight Roles and with this the |! |distribution of work days and rest. Article 152 ter I.-The employer may |! |set call shifts or catch period, by |! |which the worker will be required to meet |! |available for a flight in case you must |! |replace another crew member or |! |present a similar emergency. That period does not |! |may exceed twelve continuous hours or be |! |consecutive with another, and cannot be set within |! |of the rest period. The stop period must |! |be compensated, by common agreement between the parties or |! |well by collective agreement, unless you are |! |expressly included in the remuneration of the |! |worker. Article 152 ter J.-Both in the day |! |ordinary, as in the special day, or in the |! |stop period, will not proceed to pactar hours |! |extraordinary. This limitation will not govern the |! |cabin crew and flight crew when they develop |! |their labors on the ground. Also, the days of rest and hours of |! |detent, will not be able to be imputed to the annual holiday of the |! |worker nor even with consent of this one. Article 152 ter K.-Workers whose |! |contracts are governed by this Chapter, shall enjoy |! |of the right to rest Sunday, under the mode |! |that is stated in the point-guide. The worker will be entitled, at least for one |! |time in each calendar month, to a break of 106 |! |hours, which must comprise four full days |! |and consecutive and include days Saturday and Sunday, in the |! |base of your usual residence. Such breaks will not |! |may start after zero hours of the first |! |day. Exceptionally, the willing |! |in the above paragraph, workers who have |! |agreed in their employment contracts will not be applicable clauses that |! |determine their freedom to choose monthly the |! |distribution of their Flight Roles and with this the |! |distribution of work days and rest. Article 152 ter L.-If Flight Roles |! |involve the provision of services for days |! |holidays, the employer must grant the respective |! |additional compensatory breaks within the |! |following sixty days, may, with all, |! |remember your compensation in money, but with a |! |surcharge not less than the one indicated in article 32 of the |! |present Code and without affecting the provisions of |! |security that imparts the General Direction of |! | Civil Aeronautics in this respect. Article 152 ter M.-Workers whose |! |contracts are governed by this Chapter, when they resume their |! |functions after making use of their leave of |! |maternity, will enjoy the rights of food |! |in the terms of Title II of Book II this |! | Code. To do this, they must be individually agreed or |! collectively with eight workers or more, the |! |conditions of work that allow them to exercise those |! |rights until the child reaches two years, being able to |! |with it vary the alternatives that he points out the |! |article 206 of this Code including the span of |! |an hour entered in that provision. The |! |employer will be able to extend the conditions |! |collectively agreed to the workers who are |! |integrate the company after that |! |agreement. In no case the alternatives that are agreed, |! |in one or other event, may imply a decrease |! |of the wages of the worker. ".". And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 20, 2009.-MICHELLE BACHELET, President of the Republic.-Claudia Serrano Madrid, Minister of Labor and Social Welfare.-José Goni Carrasco, Minister of National Defense. What I transcribe to you, for your knowledge.-Salute to you, Mauricio Jellvez Maturana, Assistant Secretary of Labor.