BENEFICIOS HISTÓRICOS PACTADOS DEBEN SEGUIR ENTREGÁNDOSE AUN CUANDO NO SE ACEPTE EXTENSIÓN DEL CONTRATO COLECTIVO
| Jurisdiction | Chile |
| Law Firm | Garnham Abogados |
| Published date | 12 June 2018 |
Por: Guicela Rivera, Senior Counsel Laboral de Garnham Abogados.
La Dirección del Trabajo estableció -a través del Dictamen 2238/29, publicado el pasado 11 de mayo- que los trabajadores que han recibido beneficios históricos, tienen derecho a continuar recibiéndolos aun cuando no acepten la extensión de beneficios del Contrato Colectivo.
Cabe destacar que la Ley N°20.940, que moderniza el sistema de relaciones laborales, señaló que la extensión de beneficios acordados en un instrumento colectivo solo podía ser aplicable a terceros si es que ellos aceptan dicha extensión de beneficios y pagan todo o parte de la cuota sindical.
Este dictamen precisa que en el caso de que los beneficios -tales como colación, movilización,...
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