TRABAJADORES POR OBRA O FAENA TENDRÁN DERECHO A INDEMNIZACIÓN ESPECIAL
Jurisdiction | Chile |
Law Firm | Garnham Abogados |
Published date | 03 December 2018 |
Recientemente se publicó en el diario oficial la Ley N°21.122 que introduce modificaciones al Código del Trabajo en lo que respecta a los contratos por obra o faena terminada. Entre los principales cambios, se incorporó un sistema especial de indemnización por término de contrato por obra o faena, que empezará a regir para los contratos suscritos a partir del 1 de enero de 2019.
Específicamente, se agregó un nuevo inciso tercero al artículo 163 del Código, que establece importantes modificaciones a la indemnización por término de contrato por obra o faena:
a.- Los contratos por obra o faena con una vigencia de un mes o más, podrán ser terminados de forma justificada por el empleador, previo pago de una indemnización equivalente a 2,5 días (se incrementará hasta este número final dentro de los meses siguientes a la vigencia de la ley) de remuneración por cada mes trabajado y fracción superior a 15 días.
b.- La indemnización será calculada de igual forma que la indemnización por años de servicios, y le será aplicable el descuento por contribución del empleador a la AFC del trabajador.
c.- Sólo procederá este pago si es que se utiliza la causal de término del artículo 159 N°5 del Código.
d.- El trabajador no podrá accionar judicialmente...
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