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Amendment to the Work Week in the Labor Code - Law 20.823

Surcharge for Time Worked on Sundays

A surcharge of at least 30% for regular shifts worked on Sundays will be made, calculated on the salary agreed for the regular work week, which must be settled and paid at the same time as salary for the respective period.

The hourly wage and surcharge will be the basis for calculation of any overtime pay for work on Sundays.

All workers in trade and services who deal directly with the public will be entitled to this surcharge, regardless of the work week for which they were hired.

Sundays Off

Workers in trade and in services who deal directly with the public will enjoy 7 Sundays off each year that their employment contract is in effect, in addition to the two Sundays that they currently have.

As many as 3 Sundays can be replaced by Saturdays by written agreement between employers and employees or any existing unions, provided the Saturdays are taken before a Sunday in the same weekly time off. This right to a Sunday off may not be compensated by money or accumulated from one year to the next.

The 7 additional days will not apply to workers hired for a period of 30 days or less, to workers whose weekly work schedule is 20 hours a week or less, or to workers who are hired exclusively to work on Saturdays, Sundays or holidays.

Effective Date

Both rules have been in effect since April 7, 2015.