SUPPLY OF TEMPORARY PERSONNEL SERVICE
OBJECTIVES OF SERVICE
The objective of the regulation of the Law 20.123 in terms of Supply of Temporary Personnel Service aims to give rise in the regulation to certain cases qualified as frequent occurrence in the enterprises, in which it results convenient to have temporary manpower in order to confront the different and changing events of the production.
Similarly, the regulation of the supply of workers through the Temporary Services Enterprises (EST, Spanish acronym) is a figure of exception, the only way in which a private enterprise accedes to the intermediation in the labor market; in the conviction that and adequate regulatory framework favors the job possibilities of unoccupied workers.
Thence that all the interpretation an application of the law has to be done with a clear and unmistaken restrictive character, in such way of not losing from sight that the distinct feature of this figure is the transience of the assumptions in which the providing of workers is lawful.
Upon the law, the subjects or actors that intervene in the scope of the work in temporary services enterprises are:
The Temporary Services Enterprise (EST)
The User Enterprise (Client)
The Temporary Services Worker (Temporary Worker)
REGISTER IN THE DEPARTMENT OF LABOR
EST Bausis is enrolled in the Register of Temporary Services Enterprises of the Department of Labor and it is accredited with the N°11 Certificate. EST Bausis actively operates since January 14 of 2007, being the first EST to be constituted in Chile.
One of the requirements of the essence for the functioning of ESTs is the constitution of Guarantee on favor of the Department of Labor, article 183-J of the Employment Code.
The Guarantee is preferably destined to respond, hereinafter, to the legal and contractual obligations of the enterprise to its temporary workers. These obligations are accrued with the motive of the services rendered by the workers in the User Enterprises.
The Guarantee constitutes a trust fund to the established purposes in this article, and it will be excluded from the general right of lien of the creditors.
The resolution that orders the constitution of such Guarantee will not be susceptible to being impugned for any appeal.
This exigency of the Guarantee in the name of the Department of Labor only operates for the Transitory Services Enterprises.
GROUNDS AND TERMS OF THE PROVIDING OF WORKERS
Upon the set in the articles 183-Ñ and 183-O, the providing of workers under this modality is subject to grounds and maximum terms of duration, which are stablished as follows:
A) Suspension of the employment contract
or of the obligation of rendering services, as appropriate, for medical licenses, maternity leaves or holidays.
Term: For the period that the absence of the replacer worker lasts.
B) Extraordinary events
such as the organization of congresses, conferences, trade fairs, exhibitions or suchlike.
Maximum term: 90 days.
C) New and specific projects of the User Enterprise
such as the construction of new facilities, the enlargement of those that already exist or the expansion to new markets.
Maximum term: 180 days.
D) Start date of operations of new enterprises.
Maximum term: 180 days.
E) Occasional increases
whether or not periodic, or extraordinary in activity in an specific section, labor or establishment of the User Enterprise.
Maximum term: 90 days.
F) Urgent, precise and pressing jobs
that require and immediate execution.
Term: For the period that the urgent job lasts.
SOME GENERAL NORMS OF THE LAW
The providing of workers of transitory services will not be enrolled in the following cases: (Art. 183 P.):
a) To carry out tasks in which it is empowered to represent the User Enterprise, such as managers, assistant manager, or agents or official representatives.
b) To replace workers who have declared a legal strike in the respective process of collective negotiation.
c) To assign workers to another transitory services enterprise.
ADVANTAGES OF THE SERVICE
The User Enterprises will be allowed to require temporary personnel services for different job positions or functions with immediacy and efficiency.
The User Enterprise is allowed to Direct, Control and Supervise the provided worker without that implying employee status.
The female workers hired under the regime of temporary services enjoy maternity benefit, which ceases of this full right at the end of the User enterprise services. (Art. 183 AE).
EST Bausis has a business-to-business contract, framework that gives the service fluency, immediacy and legal backup.
The User Enterprise has the faculty of controlling the attendance of the temporary services worker.
Regarding order, hygiene and safety, the User Enterprise must hand in a copy of its internal regulation.