On August 3, 2023, the Labour Department issued a pronouncement (Ordinary No. 1080) indicating that the dispositions of a company’s code of conduct do not constitute mandatory rules for workers, the non-fulfilment of which merits the application of sanctions by the employer, if they are not contained in the Internal Regulations on Order, Hygiene and Safety (RIOHS).
This is based on the fact that the RIOHS is the only suitable document provided by law to establish compulsory regulations for workers regarding their work, stay and life in the company’s premises, the non-compliance with which may lead to sanctions by the employer (sanctions which, by the way, must be provided for in the RIOHS).
Consequently, in order to ensure the effectiveness of sanctions that may be imposed by the company for possible breaches of the provisions of a Code of Conduct or Code of Ethics and other internal rules with similar purposes (e.g. Crime Prevention Model), it is very important that they are contained in the company’s RIOHS.
For more information contact us at fgonzalez@cuevasabogados.cl, or jolbrich@cuevasabogados.cl.
