Proposal for the Reform of the Labor Code pt.1

SOME UPDATES

 

PATERNITY LEAVE

Paternity leave is increased from 2 to 4 days.

 

DISCRIMINATION

“Sex” is replaced by “gender” as a reason for non-discrimination.

 

OVERTIME HOURS

The limit for quarterly overtime hours is increased from 80 to 120 hours.

 

PROHIBITION FOR WORKERS

A prohibition is added for workers regarding the use of electronic devices during working hours for purposes unrelated to their job.”

 

VACATIONS

One additional vacation day is added, increasing the total from 14 to 15 working days, after three years of continuous employment but less than five years.

Under the new proposal, the vacation regime would be:

• 14 working days with salary entitlement, after one year of continuous employment but less than three years.
• 15 working days with salary entitlement, after three years of continuous employment but less than five years.
• 15 working days with entitlement to 18 days of salary, after five or more years of continuous employmen.

 

MATERNITY LEAVE

Mandatory leave will be set at seven weeks before the due date and seven weeks after childbirth, bringing total maternity leave to 14 weeks. Previously, each period was six weeks.

It is established that the employer may not terminate employment during:

• The worker’s pregnancy.
• The maternity leave period and up to three months after childbirth.

 

REMOTE WORK

The proposal includes regulations for remote work, granting the right to disconnect and covering associated expenses.

• The employer must provide the employee with all necessary equipment, tools, and materials to perform their work.
• The employer is responsible for the costs of installation, maintenance, and repairs of the equipment.
• The worker cannot be required to use their personal equipment.
• The employee must take care of the equipment and use it solely for work-related purposes.
• If the equipment is damaged, the employer must repair or replace it.
• The worker’s salary must continue to be paid while equipment repairs are underway.

 

WEEKLY REST

The non-working status of Sundays is removed.

It is added that if the weekly schedule includes work on Sundays, the employee will receive their regular salary.

 

GRATUITY

The distribution of tips is changed from ‘among the workers who have provided service’ to ‘all employees of the establishment, except those in managerial and administrative positions.