Am I entitled to compensation if I am fired due to force majeure?
No. Upon termination of the employment relationship due to the “act of God or force majeure”, the worker is not entitled to receive legal compensation, also known as “compensation for years of service”. The Labor Code indicates that for the origin of this compensation, among other requirements, the contract must terminate for some of the causes of article 161 or “needs of the company.” This does not mean that the worker is paid conventional compensation, that is, agreed in the employment contract.
What is defined by “force majeure”?
According to the Civil Code, it is the “unforeseen event that cannot be resisted, such as a shipwreck, an earthquake, the arrest of enemies, acts of authority exercised by a public official, etc.” The legal doctrine considers natural disasters such as earthquakes and floods as force majeure.
Can my employer make me take a vacation?
Only if it is through the figure of “collective holiday”, that is, that all personnel must take vacations, which cannot be less than 15 business days. This is a power that the employer has, which it can use at its discretion.
If I was injured at my workplace due to an earthquake, tsunami, etc., is it considered a work accident?
The Law No. 16,744 (Accident Work and Occupational Diseases) not considered as accidents those due to “force majeure strange not having any relation to work”, so that should not be covered by insurance, but the plan individual health (Fonasa or Isapre) of each worker.
Is a natural disaster considered an argument for being late or missing work?
The Labor Code makes explicit as grounds for dismissal without payment of legal compensation the non-attendance of the worker to his work without just cause for two days in a row, two Mondays in the month or a total of three days during the same period of time. In any case, the task of qualifying if the requirements to configure the cause of “unjustified absences” are met will be for the Courts of Justice.
Can I be required to extend my work day?
The Labor Code empowers the employer to extend the working day without the need to sign an agreement with the workers, in the event that it is desired to avoid damages in the normal course of the operation of the company or when unforeseen circumstances or force majeure occurs, between others. However, hours worked in excess must be paid as overtime.
If my workplace is in bad shape, can they demand that I go to work?
The Labor Code requires the employer to take all the necessary measures to effectively protect the life and health of the workers, informing of possible risks and maintaining adequate hygiene and safety conditions at the sites, as well as the necessary implements to prevent accidents and occupational diseases. Therefore, the requirement would only be valid if attending the workplace is not dangerous for workers.
