On August 31, 2023, the Health Alert decreed in Chile since February 5, 2020 for the disease COVID-19 ended, according to the announcement issued by the Ministry of Health.

With the end of this alert, several preventive measures and restrictions with impact for employers and workers alike will also come to an end. The measures that would be altered by the end of the health alert would be the following:

I. Termination of the employer's obligation to take out COVID insurance.

The validity of Law 21,342 was subject to the validity of the health alert. Therefore, the end of the sanitary alert implies the end of the obligation for employers to contract COVID Insurance for their workers.

II. Medical leaves of absence

It will no longer be a cause for the issuance of medical leave in favor of workers in case of illness of children under 1 year of age.

III. Elements of personal protection

As of September 1, 2023, it will no longer be mandatory to provide workers with protective elements such as masks, toiletries, safe distancing, as well as periodic sanitization of workplaces.

IV.Telework

The obligation of the employer to offer the modality of telework or telecommuting to pregnant workers and to workers who have under their care minors, elderly and/or persons in a situation of accredited disability ceases.

The foregoing is without prejudice to the fact that the Labor Code states, as a result of teleworking, in its article 152 quater I the following: "In the event that the modality of telecommuting or teleworking is agreed after the start of the employment relationship, either party may unilaterally return to the conditions originally agreed in the employment contract, upon written notice to the other with a minimum of thirty days in advance".

On the contrary, "if the employment relationship was initiated in accordance with the rules of this Chapter (Law 21.220), the agreement of both parties shall always be necessary to adopt the face-to-face work modality".