Comptroller’s Office rules that the reduction of the working day to 40 hours promoted by the municipality of Recoleta “does not conform to the law”



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This Friday, the Comptroller General of the Republic, through an opinion, reported that the measure to reduce the working day from 45 to 40 hours per week promoted by the Municipality of Recoleta, does not comply with the law.

According to slogan CNN Chile, among the antecedents of the comptroller body it is detailed that the municipality led by the mayor Daniel Jadue, ordered the measure on July 26, 2019, where the collation time was imputed, corresponding to 2.5 hours per week in charge of each worker, which maintained the amount of the monthly remuneration.

A total of 486 officials governed by the Labor Code have benefited from the measure.

Despite this, the Comptroller’s Office resolved that “it is not in accordance with the law that the Municipality of Recoleta has provided a 37 and a half hour day, designating it as an ordinary day, since it must necessarily comply with the 45 hours established in the Labor Code “.

“The aforementioned criterion does not preclude the building entity from establishing a part-time shift of less than 45 hours, if the agreed remuneration is proportionally less than that corresponding to those who perform the same function during the maximum shift,” adds the opinion.

In the opinion of the body, “there is no discrimination when granting a benefit higher or lower than that provided for in the labor law nor does it alter what is ordered by it.”

“Consequently, on the basis of the foregoing, it can be concluded that that building entity must adjust its actions to what is resolved in the body of this official letter, informing this Regional Comptroller’s Office of this, within a period of 60 business days, counted from the date of receipt of this official letter ”, concludes the letter.

It should be remembered that the Comptroller’s Office reviewed the measure after the request of the pro-government deputies Luis Pardo Sainz (RN) and Francisco Eguiguren Correa (RN).



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