On August 24, 2022, the Labor Directorate issued a statement by means of Opinion No. 1466/29, in which it explains the scope in labor matters of the National Constitutional Referendum for the electorate to approve or reject the proposed constitutional text approved by the Constitutional Convention. Specifically, this pronouncement states the following:

1. Sunday, September 4, 2022, the date on which the National Constitutional Referendum will be held for the electorate to approve or reject the proposed constitutional text approved by the Constitutional Convention, shall be a legal holiday throughout the country and, therefore, a working vacation.
2. Workers engaged in the activities described in numbers 1° to 6° and 8° to 9° of subsection 1 of article 38 of the Labor Code are exempted from rest on Sundays and holidays. Therefore, if the distribution of their weekly workday so provides, they shall be required to work on September 4, 2022.
All workers who, due to the nature of their duties, are exempted from rest on Sundays and holidays, shall work on September 4, 2022, but such workers shall have the right to be absent from work for at least 2 hours in order to go to cast their vote, without their absence meaning a reduction in their remuneration, and without the employer being able to prevent or hinder the worker’s attendance to cast their vote.
4. The permission to be absent from work for at least 2 hours in order to go to vote is a minimum time established by the legislator. Therefore, there is no legal inconvenience in the parties agreeing on a longer leave of absence for the purpose of voting in the situation described above.
5. For those workers included in N°7 of Article 38 of the Labor Code who work in shopping malls, centers or commercial complexes managed under the same corporate name or legal personality, September 4, 2022, constitutes a mandatory holiday.
6. The duration of the rest corresponding to the day of the constitutional plebiscite shall begin no later than 21:00 hrs. on Saturday, September 3, 2022, and end at least at 06:00 hrs. on Monday, September 5, 2022. on Monday, September 5, 2022, unless the respective workers are subject to rotating work shifts, in which case they may render their services in the periods between 21:00 and 24:00 hrs. on Saturday, September 3, 2022 and between 0:00 and 06:00 hrs. on Monday, September 5, 2022, provided that the shift falls within said periods of time.
7. The workers designated as polling station officials, delegates of the electoral board or members of the polling stations, may be absent from work for as long as it is necessary for the proper performance of said electoral functions. In this sense, it is prohibited for the employer to make any deduction from the remunerations of the workers who must be absent for such reasons.

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