What are Mandatory Rest Days in Chile?
The mandatory rest days are a special category of holidays in Chile where, by law, most commerce and service workers with direct public attention cannot work. Their main purpose is to guarantee the right to rest and celebrate these important dates for workers and their families. The fundamental characteristic of a mandatory rest day is that the employer cannot require the worker to provide services and, if they do, they face significant fines and penalties. Payment for these days must be complete, as if it were a regular workday.
Who is Excluded from Mandatory Rest Days?
While the general rule is rest, there are some important exceptions. Mainly, the following are excluded from this prohibition and may operate during a mandatory rest day: • Clubs and restaurants: Places primarily dedicated to gastronomy.
• Entertainment establishments: Such as cinemas, theaters, nightclubs, pubs, and cabarets.
• Casinos and other legally authorized gambling venues.
• Gas stations: Fuel dispensaries.
• Emergency pharmacies and on-duty pharmacies: Those that comply with the law to remain operational.
• Service units that meet the consumption or recreational needs of the public located inside airports.
• Basic services: Such as security services, health services, or those that are essential for the operational continuity of the company.
It is important to note that, although these establishments may operate, workers who provide services on a mandatory rest day must have an agreement with the employer and, in many cases, are entitled to some type of additional compensation or substitute rest, as stipulated in their contracts or collective agreements.
What Happens if an Employer Does Not Respect a Mandatory Rest Day?
If an employer forces their workers to show up to work on a mandatory rest day without being within the legal exceptions, they face significant fines from the Labor Directorate. These fines vary according to the size of the company and the number of affected workers.Affected workers can report this situation to the Labor Directorate, who will carry out an inspection.
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