NEWS

Important Communications Employers Must Make During January 2025

      I.         Electronic Communication to the Labor Directorate on Compliance with the Inclusion Law

Companies with an average of 100 or more employees must submit an Electronic Communication to the Labor Directorate in January each year.

The following information must be provided at a minimum:

Total Number of Employees: The total number of workers in the company, broken down by each month considered for calculating the average number of employees.

The 12 months preceding October 31, 2024 ("Reporting Period") should be considered.

2. Average Number of Employees: The average number of employees in the company during the Reporting Period.

3. Current Contracts: The number of active contracts with individuals with disabilities or recipients of a disability pension.

4. Terminated Contracts: The number of employment contracts with individuals with disabilities or recipients of a disability pension that were terminated for any reason.

5. Founded Reasons for Non-Compliance: If there are valid reasons for the company not meeting its hiring obligations.

These must be detailed, along with the justification and the chosen alternative measure (service contracts with companies employing individuals with disabilities or making donations).

6. Certificate from the National Employment Exchange: If applicable, this certificate should confirm that no applications were received from individuals with disabilities or recipients of a disability pension after job offers were posted.

7. Donation Option: If the company opts to make a donation, it must report the donation and attach Certificate No. 60 from the Internal Revenue Service (SII).

8. Service Contracts Option: If service contracts with companies employing individuals with disabilities or recipients of a disability pension are chosen, the identity numbers of the employees providing services to the obligated company must be reported.

9. Inclusion Manager Information: Provide the name and identity number of the Inclusion Manager.

10. Inclusion Policies: Include information on inclusion policies and their evaluation, if applicable.

 

Note: If the donation option is chosen as the alternative measure, the donation must be made in January 2025, before submitting the Electronic Communication to the Labor Directorate.

 

II. Semi-Annual Notification to Employees on Reporting Channels (Karin Law)

As stipulated in Article 211-A of the Labor Code, employers must notify employees semi-annually about:

a) Company Reporting Channels: Channels maintained by the company for reporting breaches related to the prevention, investigation, and sanctioning of sexual harassment, workplace harassment, and violence at work.

b) State Reporting Mechanisms: State bodies where employees can report any labor law violations and access social security benefits.

 

For additional information on these matters, please contact:

Alfred Sherman (asherman@jdf.cl) / Leyla Alul (lalul@jdf.cl)

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