Legal and Justice Book

Posts Tagged ‘employee’

By Karla Varas Marchant [1] As is known, Law 20,281 incorporated two major changes to the Labour Code: firstly equated to the minimum income base salary, provided that there is an ordinary working day, and secondly, extended the benefit weeks to run mixed-paid workers.

This last point has raised considerable controversy, mainly on the determination of the budgets to be met for workers assigned to a mixed remuneracional are entitled to the benefit week run.

For us to understand this discussion, it is important to note that that amendment incorporated legal sentence at the end of paragraph 1 of Article 45 of the CT, which states: “The same right shall be paid by the employee monthly salary and wages variables, such as commissions or treatment, but in this case, the average is calculated only in relation to the variable portion of their earnings. “

The discussion centered around whether that legal change has added a new category of workers as beneficiaries of the right of weeks in a row, it suffices for proving that his remuneration comprises a fixed part and a variable, or conversely, should be credited, in addition, the variable part of the fee is accrued daily. Read the rest of this entry »