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Original article: 42 horas con letra chica: dictamen de Contraloría obliga a miles de trabajadores públicos a pasar más tiempo en la pega

New Audit Ruling Forces Public Sector Workers to Work Longer Hours Beyond 42 Weekly

A recent ruling from the General Comptroller’s Office mandates that thousands of public sector workers must spend more time at work, extending their effective hours beyond the standard 42-hour workweek.

The resolution, grounded in a 1965 decree, specifies that these employees cannot count their meal break as part of their work hours when they work under 43 hours weekly.

Starting April 26, this regulation directly impacts all employees working in decentralized state services contracted under the Chilean Labor Code. This includes personnel from various entities, such as the Carabineros Hospital, the National Accreditation Commission, the National Youth Reintegration Service, the National Migration Service, and the newly established National Forestry Service.

The crux of the issue lies in the Comptroller’s interpretation of Decree No. 1,897 from 1965. This legislation regulates labor activities in both public and private sectors and outlines specific conditions for meal breaks.

According to reports by CIPER, in its Resolution No. D136 issued on March 18 in response to inquiries from Chile’s Carabineros Social Security Directorate (Dipreca) and the National Accreditation Commission (CNA), the watchdog noted that workers with schedules under 43 hours a week cannot claim the 30-minute meal break as part of their working time. Simply put, for those transitioning to the new 42-hour schedule, the meal break adds to their work hours, resulting in an actual attendance of 44.5 hours weekly (taking into account half an hour daily from Monday to Friday), which conflicts with the 44-hour maximum imposed on public officials under the Administrative Statute, who do include their meal breaks in that limit.

This decision not only removes a beneficial condition for workers under the Labor Code but also creates a paradox within the same public agency, where individuals performing similar roles under different legal frameworks may end up with different actual working hours.

Beyond the aforementioned decentralized services, the impact of this ruling extends to major state-owned enterprises. When queried by CIPER, the auditing body refrained from conclusively stating whether this same logic would affect workers in corporations such as Codelco, Banco Estado, Correos de Chile, or FAMAE.

The regulator’s response has opened the door to a potential expansion of this interpretation. When asked, the agency indicated that issuing a legal opinion on those institutions “would involve analyzing the relevant jurisprudence and specifically issuing a ruling concerning those institutions.”

ANEF Claims ‘Distortion’ of the Regulation and Requests Comptroller to Reconsider the Ruling

The decision has swiftly sparked strong backlash from public sector unions. The National Association of Public Employees (ANEF) has formally requested the Comptroller’s Office to reconsider the ruling, arguing that the regulatory body has made legal valuation errors. The organization contends that the Comptroller’s interpretation not only deviates from the protective spirit of the original regulation but also undermines established rights.

“The interpretation upheld by the Comptroller diverges from the regulatory spirit, as it seeks to remove a benefit that not only adheres to the protective intent of the regulation but is also validly incorporated into the workers’ legal framework as an acquired right,” the group stated in the text submitted to CIPER.

This discontent was echoed by ANEF President José Pérez, who termed the Comptroller’s intervention a “distortion” of a regulation that was already fully enacted and accepted by all parties.

In a similar vein, the National Association of Dipreca Employees (Anfudip) announced plans to take action to “safeguard the rights and interests of our members” in light of the effects of this ruling.

In academia, the measure has also raised concerns. Pamela Martínez, a professor of Labor Law and Social Security at the University of Chile, criticized the decision as “disputable,” condemning the method employed by the Comptroller’s office.

In statements to the investigative media outlet, the expert maintained that the entity made an “excessively literal interpretation of a regulation,” one that overlooks the evolution of labor legislation over more than six decades.

She argued that the interpretation of the 1965 norm “could have been resolved differently.”

As the Comptroller stands firm in its position and unions demand reconsideration, thousands of public workers governed by the Labor Code face an adverse reality, as they discover that just days before the April 26 implementation of the second phase of gradual workweek reduction stipulated by Law No. 21.561, the fine print of a 60-year-old decree will paradoxically require them to spend more time at work.

La entrada New Audit Ruling Forces Public Sector Workers to Work Longer Hours Beyond 42 Weekly se publicó primero en El Ciudadano.