On September 9, 2022, the Labor Directorate issued a pronouncement by means of Opinion No. 1582/32, in which it establishes the meaning and scope of the provisions of Law No. 21.400, which amends the second paragraph of Article 59 of the Labor Code and incorporates Article 207 ter of the Labor Code. Specifically, the opinion states the following:

I. Article 59, second paragraph of the Labor Code, in its new text established by Article 5 of Law No. 21.400, states:

On September 9, 2022, the Labor Directorate issued a pronouncement by means of Opinion No. 1582/32, in which it establishes the meaning and scope of the provisions of Law No. 21.400, which amends the second paragraph of Article 59 of the Labor Code and incorporates Article 207 ter of the Labor Code. Specifically, the opinion states the following:

1. In this sense, the legislator changed the expression “married woman” to the concept “spouse”, in such a way that, regardless of the sex involved, the spouse may receive up to 50% of the salary of the other spouse, who has been declared vicious by the Labor Judge.

2. For its part, the new article 207 ter of the Labor Code states the following:

“The rights that correspond to the working mother referred to the protection of maternity regulated in this Title, will be applicable to the mother or pregnant person, regardless of her registered sex by gender identity. In turn, the rights granted to the father in this Title shall also be applicable to the non-pregnant parent.”

3. The new regulation guarantees the assistance of the rights of protection of maternity, paternity and family life, regardless of the registered sex of the pregnant person, due to gender identity.

4. Specifically, by application of the above precept, the mother or pregnant woman has the right to maternity leave, to be transferred to other functions without reduction of her salary in case her work is considered harmful to her health in her condition, pre and postnatal maternity breaks, postnatal parental leave, nursery benefits, the right to feed her children under two years of age, among others.

5. In turn, the non-pregnant parent is entitled to all the rights that the same regulations reserve to the father, under the same conditions.

6. Law No. 21.400 came into force as of March 10, 2022.

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).