On August 25, 2022, the Labor Directorate issued Opinion No. 1474/30, which reconsiders the doctrine on the weekly rest of commercial workers in the case of holidays for electoral reasons. Specifically, this pronouncement states the following:

1. Workers who render services in shopping centers managed under the same corporate name are excluded from the obligation to render services, in particular, on an election holiday such as the one that will take place on September 4, 2022, notwithstanding, they are exempted from Sunday rest and on public holidays.
2. Trade and commerce workers who are exempted from rest during mandatory holidays (non-waivable) and who must also render services on election holidays due to the nature of the work they perform, must have all the facilities to cast their vote, especially in view of the particularities of the Plebiscite of September 4, 2022.
3. It is not in accordance with the law for the employer to grant the breaks that correspond to trade workers whose functions are classified in numeral 7 of article 38 of the Labor Code, on those days that have been declared as mandatory and unrenounceable holidays for them.

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).