On 30 March 2021, the Labour Directorate published its ruling No. 1124/010, which sets out the doctrine on the COVID-19 health emergency. Specifically, this ruling states the following:

1. According to the ruling, if the worker has not been granted medical leave by virtue of the instructions issued by the health authority, he/she has no justification for not attending to provide the services for which he/she has been hired, except by virtue of an act of authority.

2. Notwithstanding the above, the ruling states that an employer may not refuse to allow its employees to perform services because they do not have a negative PCR test for COVID-19, unless there is a suspicion of contact that requires the employee to go to a health care facility.

3. In addition, the ruling states that employers seeking to establish pandemic control mechanisms should incorporate them into the company’s internal regulations on order, hygiene and safety.

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