On Monday, the heads and deputy chiefs of the opposition banks filed a complaint with the Comptroller for the implementation of an electronic finiquito by the Labour Directorate that they consider “illegal”, since, in addition to not complying with current legislation, it restricts workers to reserve rights in their financial order.
Deputy Camila Vallejo, head of the PC bench, detailed that as opposition benches it was decided to enter the complaint because “the conduct of the Directorate of Labour, contrary to the rights of workers, is already repeated”, as was the case with the questioned opinion empowering the suspension of contracts.
“Now they came up with the thought of implementing the electronic ending, a fine that has to be regulated by law and that is not. In fact, a project for that is just in the second constitutional procedure. An unsought and unsought authorisation is being advanced and which is illegal and which also restricts the right to put workers in reserve and also by putting illegal discounts in the proposal for electronic finiquito. This is extremely serious and we believe that the Comptroller’s Party needs to resolve it with a sense of urgency,” she added.
Meanwhile, DR Gabriel Silber, a member of the House Committee of Labour, said that “we expect a vigorous investigation by the Comptroller in defence of workers’ rights. This interpretation by the Labour Directorate not only puts it outside the law since there is no legislation that supports electronic finiquito, but the most substantive thing is that it makes the situation of workers in times of crisis precarious,” he added.
“We therefore expect a vigorous sanction from the Comptroller’s Office and most importantly we expect the government to remove the deputy director of the Labour Directorate,” Mr Silber said.
In this regard, the Member and member of the Committee on Labour, Alejandra Sepúlveda (FRVS), criticised that “again the Labour Directorate is carrying out a procedure which is absolutely irregular and which is not also concordance with the protection of workers’ rights. The electronic ending was analysed and discussed in the Committee of Labour and the opinion that most Members of opposition had was absolutely unfavourable, because it does not allow workers to exercise a right to the plea against this fine.”
“That is why we find it very important to incorporate this petition into the Comptroller’s Office to review what the Labour Directorate is doing today, and explain why a while ago he is already moving away and not based on the most important part of his role, which is how he protects the rights of workers.”
For his part, the head of the bank of the Socialist Party, deputy Luis Rocafull, argued that “the last opinions of the Directorate of Labour have shown that they are not fulfilling the role for which it was created. DT has become more public contributors to entrepreneurs than protectors of workers’ rights.”
The head of the PPD bench, MP Raúl Soto, added that “I find it grave that the DT once again acts outside the regulatory framework of what is the Chilean labor law and on that occasion does so by promoting an electronic ending that leaves in total de-protection and without guarantees to the workers who are laid off, more in the special context in that health crisis , economic and work that we are living”.
“We hope that the Controller will declare the illegality of the DT’s action and terminate that policy in order to restore all rights that the current labour law gives to workers who are dismissed,” he said, adding that the request for resignation from the National Director of Labour will be insisted on.
Finally, Deputy Giorgio Jackson (RD) detailed that “this kind of finiquito also offers no option to reserve rights and actions, which can lend itself to many abuses in the context of the pandemic. Efforts must be first to stop unemployment and then for labour rights to be fulfilled, without exception.”
