On October 6, 2022, the Labor Directorate issued a statement by means of Opinion No. 1753/37, in which it clarifies the provisions of Law No. 21.015. Specifically, the opinion states the following:

1. Pursuant to Article 11 of the Labor Code, any modification to the employment contract, such as the status of a person with a disability or a person receiving a disability pension under any social security system, as qualified and certified in the manner provided by the legislator, during the term of the employment relationship, must be recorded in writing and signed by the parties on the back of the copies thereof or in an annex to the employment contract, once such status has been accredited by the employee.

2. In order to comply with subsection 3° of article 157 bis of the Labor Code and article 5 of Decree No. 64 of 2017 of the Ministry of Labor and Social Welfare, the employer shall register the modification contained in the employment contract annex within fifteen working days from the date of its subscription through the electronic site of the Labor Directorate.

3. The direct hiring of disabled people receiving a disability pension must be verified on the first working day of the month following the month in which the company had 100 or more employees.

4. The obligation of the employer to send to the Labor Directorate the electronic communication, within the framework of Law No. 21.015, in the month of January of each year, constitutes an obligation that cannot be complied with at a later or late date and, consequently, it must be generated during that monthly period in each calendar year.

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