On June 14, 2021, the Department of Labour ruled by means of ruling No. 1654/020, on the application of Law No. 21.220, which amends the Labor Code regarding telecommuting, to teachers and education assistants working in educational establishments, due to the fact that, in view of the state of emergency, the provision of educational services has been carried out remotely. Specifically, this statement indicates the following:

1. According to the Department of Labour, nothing prevents teachers from agreeing to provide services under the modality of telework or remote work, at the beginning of the employment relationship or during its term.

2. According to the Department of Labour, in the absence of an agreement between the parties, Law No. 21.220 is not applicable to teachers and education assistants who are providing services remotely. This is due to the fact that the implementation of the remote educational service during the health crisis obeys regulatory and, therefore, mandatory provisions issued by the relevant authority.

3. In turn, the Department of Labour points out that since the provision of services by workers is an obligation to be made, and that, on the other hand, it is up to the employer to manage his company or take charge of it, it is the employer who, in any form of provision of services, whether remote or on-site, must provide the necessary elements or materials so that his employees can perform the work agreed in their employment contracts. On this point, the Department of Labour points out that it is not possible to determine in a generic way what tools or materials should be provided by the employer to workers who provide services remotely.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).