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The Association of Labor Lawyers of Chile (AGAL) presented a criminal lawsuit against the Labor Directorate, or other public distributions, where appropriate, as authors, accomplices or cover-ups of the crime of Abuse of Authority.
As indicated by the union through a statement, the legal action is in representation “Of the workers in Chile”.
Carmen Espinoza, president of AGAL, said that “the reason is that despite the there is no electronic work settlement in the law Since the bill to create them is in process, the Labor Directorate (DT) is publicly offering through its website (WWW.DT.GOB.CL) to act as Minister of faith in the granting of an alleged ‘ electronic work settlement ‘available to users ”.
Espinoza adds that the aforementioned “settlement” was prepared by the DT itself, but that there is no possibility that the worker can leave record of your disagreement with the discounts made by the employer.
“Only the employer can complete this settlement. with the amounts that it considers appropriate to pay and / or discount the worker, ”emphasized the leader.
In the legal action filed, AGLA establishes that said “electronic settlement” does not exist in Chilean lawNor is the new term for the employer that the DT intends to create.
“Simply put, the Labor Directorate has invaded the legislative field, making available to employers and workers on its website a document form, an approval procedure and compliance procedure, which contravenes the express text of the law, ”the complaint states.
Finally, they point out that in article 221 of the Penal Code, the crime of abuse of authority is described and sanctioned in the following terms: “The public employee who dictates regulations or general provisions maliciously exceeding his powers, will be punished with the suspension of employment in his degree means, medium”.
The AGLA statement is available below:
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