Legal Alert Covid-19: Regulation on occupational safety and health conditions for remote working or teleworking. 

7 July, 2020

July 7, 2020 / By Luis Parada, Juan Pablo Mesías y Alfonso Bustamante On July 3rd, 2020, the Official Gazette published a Regulation that establishes “Specific Conditions on Occupational Safety and Health at Work” (the “Regulation”), applicable to workers who provide their services via “Telework” or “Remote Work” according to the newly incorporated Labor Code provisions. The Regulation establishes a series of obligations for employers, the most relevant aspects of which are described below: The employer’s duty to manage occupational risks that exist at the worker’s home or in the place where Telework or Remote Work will be carried out. Prohibiting the worker from exposing himself/herself, his/her family or third parties to dangerous or highly harmful substances for their health, as classified by current regulations. An obligation for the employer to prepare a “Hazard Identification and Risk Assessment Matrix” (the “Matrix”), which must be reviewed at least annually, and may require the technical advice of the Mutual Organizations from Law No. 16,744. The Matrix must include a psychosocial risk assessment. For the preparation of the Matrix, the Regulation establishes that the Mutual Organizations must make available to the employers a document called “Self-assessment Risks Instrument”. This document shall be delivered by the employer to its workers once remote or teleworking has begun, and workers must fill it out and return it to the employer within the period indicated in the Regulation. The employer must develop a “Work Program” that contains the preventive and corrective measures to be implemented (e.g. elimination and/or mitigation of risks), as well as measures to promote the use of protective tools and prevention of such risks. Implementation of the “Right to Know” for workers in Telework or Remote Work. Mandatory Training: Employers must train their workers (in person or remotely) at least every two years on the main safety and health measures to be considered. The regulation establishes the obligation to provide personal protection equipment and elements, which must be adequate to mitigate or control the risk, and in no case may workers be charged for their value. Other obligations: Carrying out annual evaluations and laying out control and surveillance measures, to be carried out through face-to-face or remote inspections of the workplace. The Regulation will be in force 90 days after its publication, that is, from October 1, 2020, and the inspections will be carried out by the Labor Authority. Contacts For more information, please contact: Luis Parada Partner * This report provides general information on certain legal or commercial matters in Chile, and it is not intended to analyze in detail the matters contained in it, nor it is intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report cannot be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA. (c) DLA Piper BAZ | NLD SpA 2020.

Read more

Legal Alert Covid-19: Law that increases the capital of the Small Business Guarantee Fund (FOGAPE) and temporarily softens its requirements

5 May, 2020

May 5, 2020 / By Mauricio Halpern y Vicente Vergara On April 24, 2020, Law No. 21,229 (the “Law“) was published in the Official Gazette. Its main purpose is to provide an emergency capitalization to the FOGAPE and to temporarily relax the requirements to qualify for financing, until April 30, 2021. The FOGAPE (an acronym for the initials in Spanish, “Fondo de Garantías para Pequeños Empresarios“) is a fund managed by Banco Estado, the most important public banking institution of the country, which administers resources to provide state guarantees to loans granted by banking entities. The main measures established by the Law are as follows: Contribute state-owned resources to the FOGAPE´s patrimony for an amount of up to US$3,000 million , which may be delivered in one or more transfers within a maximum period of 36 months from the date the Law comes into force. To extend the benefits of the FOGAPE to companies whose annual net sales do not exceed UF 1,000,000 (approximately USD 34,224 million), and to exporters, under certain conditions. It should be noted that, prior to the publication of the Law, only companies whose annual net sales did not exceed 600,000 UF (approximately USD 20,534 million) could apply to the FOGAPE. It establishes maximum percentages to be secured according to the size of the company (amounts in the chart are the approximated value in USD, originally in Unidades de Fomento, 1 UF =US$ 34,22 as of May 5, 2020): Company Size % Guarantees Maximum Secured Amount Annual Sales Prior the Law Law 21,229 Prior the Law Law 21,229 Up to USD 856,000 80% 85% US 171,200 US 214,000 US 856,000 to US 3,424 million 50% 80% US 513,600 US 856,000 US 3,424 million to US 20,534 million 30% 70% US 1,712 million US 5,136 million US 20,534 million to US 34,224 million – 60% – US 8,650 million   The financings guaranteed by the FOGAPE, when granted by institutions that have access to financing from the Central Bank of Chile, must have an annual and nominal interest rate that does not exceed the equivalent of the Policy Interest Rate plus 3%. Although there is no exact information regarding the historical interest rate charged on loans granted with FOGAPE guarantees, this rate would be significantly lower. In order for a bank or financial institution to grant financing with the state guarantee FOGAPE, the respective institution must have guarantee rights awarded in force. The Central Bank, in its capacity as administrator of the Fund, periodically carries out public bids for institutions to join or continue operating with said guarantee and thus, allow access to financing for small and medium enterprises. In this regard, the Law establishes that the rights awarded in bids prior to the entry into force of the Law, as well as those funds available from bids prior to the entry into force of the Law, will remain in force for those who have been awarded them in said bidding, unless they expressly opt to waive the rights awarded, and choose the conditions established in the Law. After 30 days from the publication of the Law […]

Read more

Legal Alert Covid-19: Obligation to wear masks and their infringement as a source of the crime of harming public health

20 April, 2020

April 20, 2020 / By Ignacio Schwerter On April 17, 2020, Resolution No. 282 of the Ministry of Health was published in the Official Gazette. By means of this resolution, the authority established the mandatory use of masks in different places and under different circumstances: 1. To all people using public or private transportation subject to payment. The same obligation applies to those who use lifts or funiculars, regardless of their public or private nature and the number of people using them. Finally, the same measure applies to all operators of the various means of transport covered by this Resolution, as well as to those people working in them. 2. To all people in the places indicated below, when 10 o more occupy the same space: a) Closed spaces in schools and higher education b) Closed spaces in airports and terraports c) Closed spaces in theatres, cinemas, discotheques, casinos and similar venues d) Closed spaces in supermarkets, shopping centres, hotels, pharmacies and other similar establishments open to the public. e) Closed spaces in public and private health establishments. f) Closed spaces in places where products, medicines or food are manufactured, processed, deposited or handled. g) Closed spaces in workplaces. h) Galleries, grandstands and other rooms for the public in sports halls, gyms or stadiums. This is not applicable to sportsmen and women during the practice of sport. i) Pubs, restaurants, coffee shops and similar places, in their public or closed spaces, for those attending or working in them. J) Residences for the elderly. These measures began to apply at 5:00 a.m. of April 17, 2020 and will remain in effect indefinitely, until the epidemiological conditions allow for their suspension. Finally, it is important to bear in mind that the violation of the measures described above will be punished according to the provisions of Book X of the Health Code, and, when applicable, according with the Criminal Code as an attack on public health. The crime in question punishes anyone who endangers public health by violating the rules of hygiene or health, duly published by the authority, in times of disaster, epidemic or contagion, with imprisonment or a fine from six to twenty monthly tax units (unidades tributarias mensuales). Contacts For more information, please contact: Ignacio Schwerter Counsel * This report provides general information on certain legal or commercial matters in Chile, and not intended to analyze in detail the matters contained in it, not is it intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA 2020.

Read more

Permisos sin goce de sueldo y baja de salarios: las medidas en que piensan las empresas para afrontar la crisis (Diario Financiero)

19 March, 2020

Luis Parada in Diario Financiero comments on some of the measures taken by the companies to face the Coronavirus health crisis. Diario Financiero

Read more

Best Lawyers 2020: baja presencia de mujeres marca última entrega de guía legal para Chile (Diario Financiero)

3 December, 2019

Matías Zegers received the Best Lawyers™ 2020 Venture Capital Law “Lawyer of the Year” award in Chile. Diario Financiero

Read more

Waterlogic makes its first direct acquisition in Latin America with Aquafree (Lex Latin)

28 October, 2019

Waterlogic was advised by DLA Piper Chile and and the lawyers who participated in the transaction were: Paulo Larrain, Manola Quiroz, M. del Pilar Paredes, M. Isabel Izquierdo. Lex Latin

Read more

The venture capital team behind the operation in Chile (Diario Financiero)

14 October, 2019

DLA Piper has advised Cornershop partners in their long history of ventures. Diario Financiero

Read more