LABOR UNION

In Chile it is allowed to form a union with the participation of at least eight workers, having
completed a quorum of at least 25 workers within a maximum period of one year, after which expire
legal personality, by the single ministry of the law, in the event that quorum is not met.
If the date of the establishment of the company union and the election of its first directory, , they
must choose a director, who shall perform the duties of chairman and enjoy the labor courts.
Registration updated members bearing the respective organization, should be the determining
factor for verifying compliance with the quorum of 25 workers within a year element.
When a union is form, all workers who attend the constituent assembly emjoy labor protection (may
not dismissals) from the ten days prior to the holding of the respective constituent assembly and up
to thirty days of completion
The constitution must be communicated to the employer later form, together with the payroll
directory and within it who enjoy immunity, within their conclusion three business days work.

COLLECTIVE NEGOTIATION

Workers can provide the employer with a draft collective agreement when they deem it
appropriate.
The subjects under negotiation are:
a) relating to remuneration
b) which relate to other benefits in kind or cash,
c) And in general, those relating to the common working conditions.

The subjects that can not be negotiated are:

a) Anyone who restrict or limit the powers of the employer to organize,
directing and managing the company and those outside it.
The employer can declare one or more periods unfit to engage in collective bargaining, covering a
whole a maximum of 60 days in the calendar year.
The union may apply to the employer and shall be binding deliver at least the balance of the
immediately preceding two years, the financial information necessary for the preparation of the
project referred to the months of the year in the exercise and the overall costs of workforce same

period. The employer will provide relevant information that affects future investment policy of the
company, whenever not considered by him as confidential.

The company has received from workers a draft of a collective contract must communicate, within
five days, from the reception of the draft contract, to the rest of the employees of the company,
which has received a draft collective agreement, for them, within 30 days from the date the
employer made communication, they can submit their own projects to adhere to the one presented.
If the employer does not make that communication, it must negotiate with those workers who
presented the project. Other workers retain the right to submit draft collective agreements at any
time.
The company must be answered within 15 days of the receipt and failure to do so within that period
the Labour Inspection will implement a fine of 20% of the wages of workers involved in the project.
Arrived on the twentieth day of presentation of the draft collective agreement without the employer
has given you answer, it is understood to have accepted.
The employer's response must be in writing and meet certain requirements, among others, contain
all the terms of his proposal, to ruke on all propositions of workers, indicate the basis for your
response, and also accompany the necessary background to justify the economic and other relevant
circumstances invoked. Case is noted that the response to the draft of workers is the only body that
has the employer to make the observations that merit the project workers.
The deadline for voting on strike or acceptance of the latest offer, must be made within the last 5
days of a total of 45 days from the submission to the employer of the draft collective agreement.
The law establishes a quorum to give as approved the strike, the absolute majority of the workers
involved in collective bargaining. Half plus one, if the quorum is not reached, it will be understood
accepted the employer's final offer.
Within 48 hours of the strike it has been agreed, without it has resorted to mediation or voluntary
arbitration, either party may request the Labour Inspector interposing its good offices to facilitate
the agreement between them. The request for intervention Inspector Labour suspends the start of
the strike. (Last 5 days).

STRIKE

This begins the third day of the strike vote.

The effects of the strike are:

-He understood suspended the individual employment contract.
-The Workers involved in the strike are legally prevented from providing services to the employer.

-The Employer is not obliged to pay wages.

-The Workers shall work for another employer, but only temporary.
-The Workers may do voluntarily, if they wish, their pension contributions.

The strike is indefinite in character, but it must be remembered that meet certain requirements of
form and terms stipulated by law, the employer is entitled to replace workers involved in the strike
or accept individual reimbursement thereof.
You can replace workers within the first day of the strike or within 15 days of the strike, as long as
they meet certain legal requirements.
The strike ends when more than half of workers are reintegrated.

UNFAIR PRACTICES OR ANTIUNION

-Hinder the union formation or operation, refuse to receive, alter the quorum.
-Not provide information
-Offer special benefits discourage the formation of a union
-Actions to avoid affiliation
-Acts of union interference (intervention), discriminate between unions, hiring condition, no
discount fees.
-Discrimination between unionized and non-unionized workers.
-Do not deduct 75% of union dues

Those who engage in such conduct will be sanctioned with fines of 10 annual tax units (UTA) up to
150 UTA, depending on the severity of the offense and if it is a repeated conduct in which case the
amount of the fines are a 100 UTA up to 150 UTA, the authority will keep records of the offenders.
The penalty applies, is subject to criminal liability in cases where the conduct sanctioned as unfair
practices configured offenses, misdemeanors or crimes.

Juan Luis Collao Carvajal

Attorney
MonteVerde Abogados Consultores Limitada