Recently, the Labor Directorate, when asked whether a company’s salespersons were subject to immediate superior supervision (and therefore whether they were subject to working hours or excluded), indicated that in order to carry out such analysis, the following information must be submitted:

• Documents stating the obligations imposed on salespeople (employment contracts or their annexes, job profiles, etc.).
• The means of control through which compliance with these obligations is monitored (messaging applications, attendance records, video calls, geolocation, e-mails, etc.).
• The periodicity with which workers are monitored (daily, weekly, monthly, by sales closing, by invoicing, etc.).

For more information on the grounds for exclusion of working hours or on other modifications introduced by the 40-hour law contact us at:

Gustavo Cuevas

Founding Partner

gcuevas@cuevasabogados.cl

José Olbrich

Director

jolbrich@cuevasabogados.cl

Domingo Cruz

Associate

dcruz@cuevasabogado