On 1 April 2021, the ruling of the Department of Labour N°1190/012 was published, which establishes the doctrine on the COVID-19 sanitary emergency, ruling out the employment relationship that could eventually be alleged with respect to companies that need to request collective posting permits for workers of temporary service companies, subcontractors or contractors. Specifically, this ruling states the following:

1. According to the ruling, the request for collective posting permits by the main or user undertaking in respect of workers of temporary service providers, subcontractors or contractors cannot be considered as an indication of an employment relationship, even if such a particularity persists over time.

2. According to the ruling, this is due to the fact that the employment relationship maintained by these workers is with the contractor or subcontractor, or with the temporary service company, and not with the main or user company.

3. Finally, the ruling states that this circumstance would not change, even if it is the main or user company that requests the single collective posting permit for such workers in accordance with the provisions of the Instructions for Posting Permits, since we are dealing with a requirement that does not emanate from the will of the person requesting the permit, but is proposed by the authority, being an extraordinary measure that aims to prevent and protect the spread of Covid-19.

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