On 1 April 2021, the Labour Directorate published ruling No. 1189/011, which complements the doctrine established in the COVID-19 health emergency by ruling No. 1124/010 of 30 March 2021. Specifically, this ruling states the following:

According to the ruling, it is the employer who has the primary responsibility to effectively protect the life and health of workers.

In this regard, the ruling states that it is possible for the employer to require its workers to undergo a PCR test as a suitable mechanism to prevent and control the spread of Covid-19, especially in the place where the workers carry out their work.

Finally, the ruling states that the measure will be considered legally admissible, provided that the economic cost is covered by the employer, that the application of the test does not constitute discriminatory conduct, and that it does not violate the fundamental rights of the workers.

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