On June 1, 2021 the “Safe return” to work law was pushed. This Law is applicable while the health alert is in place due to the COVID-19 pandemic. The alert should finish on June 30, 2021, but it can be extended by the government.
This Law also defines a series of obligation to the employers in order to provide a safe work place for the return of the employee’s to work.
I. Obligation to implement work from home:
The law says that depending on the nature of the work and with the employee consent, the work from home should be stablished for the following people:
The employee cannot be forced to go to work to the work place. If the nature of the work the employee does allow him to work from home, the employer, with the agreement of the employee’s and without reducing their salary, will have them do different work which should in no case require to talk to client avoiding contact to other third parties.
II. Health Protocol COVID-19
Within 10 working days since the publication of this law, the Company should implement a Health Protocol, which should be implemented by the company.
The protocol should have at least the following considerations:
The company in no case, would charge the employee for any of this materials, equipment or work conditions. The company cannot resume work at it’s offices if this protocol has not been implemented.
III. Health insurance for COVID-19
A health insurance is obligatory for the employees, working at the company, even if they are not fully working at the company’s offices. This health insurance has to cover hospital expenses and also rehabilitation expenses related to Covid-19. This insurance will also consider an indemnity in case of death of the employee.
The cost of the insurance should not exceed USD 20 (UF 0,42) per employee and it should cover a year since it was purchased.
The insurance should be purchases within 30 days, since the insurance was accepted by the Chilean SEC, for employees already working when this law was published an within 10 days for new employees.
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