Regulation of Chilean Labor Inclusion Law is modified

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On November 3rd, the Ministry of Labor and Social Security published Decree No. 36 (the “New Decree“) in the Official Gazette. This decree amends Supreme Decree No. 64 of 2017, issued by the Ministry of Labor and Social Security (the “Decree No. 64“), which approves the Regulation of Chapter II of Law No. 20.015 “on the Labor Inclusion of Persons with Disabilities” (hereinafter the “Labor Inclusion Law“), in Title III of Book I of the Labor Code.

The New Decree encompasses several amendments regarding compliance with the obligations introduced by the Labor Inclusion Law, among which we highlight the following:

  • New way of counting employees: Pursuant to Article 157 bis of the Labor Code, companies with 100 or more employees must hire or maintain, as applicable, at least 1% of individuals with disabilities or recipients of a disability pension from any pension system, in relation to their total workforce.To determine the company’s number of employees the annual average must be considered, calculated as follows: Read more

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