Wolfenson Lawyers provides legal advice and guidance to its clients who have been subject to labor fines.
In general, there are not a few times in which companies are affected by inspection procedures by the Labor Inspectorate, procedures that unfortunately in many cases end with the application of sanctions and fines to the employer or citizen under inspection, before these sanctions all person has the right to appeal against them, either judicially or administratively.
Wolfenson offers legal advice to those companies that are affected by fines from the Labor Inspection, either by appealing to the same Labor Inspection in order to request its reconsideration or replacement, or by appealing directly to the labor courts. All of the above in order to avoid fines that can often be millions and bring disastrous consequences for the company.
Here is a legal guide to provide you with guidance on labor fines:
Can the Labor Inspectorate issue fines to my company?
The supervision of compliance with labor legislation and its interpretation corresponds to the Labor Directorate , without prejudice to the powers conferred on other administrative services under the laws that govern them. In the previous context, the inspectors of the Labor Inspectorate can administratively apply sanctions or fines established by the labor legislation to the company, in case of infractions to the current legislation . These sanctions are issued by the labor inspectors or by the officials determined in the corresponding regulation . Officials who have the quality of ministers of faith . Regarding sanctions, violations of the Labor Code and its complementary laws , which do not have a special sanction indicated, are sanctioned according to the seriousness of the infraction and according to its size. Thus, the Fines appear as an administrative sanction applied by a Labor inspector , when verifying an infraction to the labor , social security, health and hygiene and safety legislation . For micro (those that have from 1 to 9 workers) and small companies (those that have between 10 to 49 workers) the sanction will rise from 1 to 10 monthly Tax units, for medium-sized companies (those that have between 50 to 199 workers ) The sanction will be from 2 to 40 monthly tax units, and for large companies (those with 200 or more workers) the sanction will be from 3 to 60 monthly tax units, all without prejudice to the fines that have a special sanction, in in which case the range can be doubled and tripled.
What can I do before a Labor Inspection Fine?
When a company is affected by inspection procedures by the Labor Inspection that end in the application of sanctions and fines to the employer or citizen under examination , there will be the right to appeal against them within the time limits allowed by law , either judicially or administratively, it being always advisable to go before a lawyer . For the purposes of acting against the fine, the deadlines to file the claim against the resolution of the Labor Inspection that applies the fine is 15 from the notification thereof, for the purposes of the judicial claim before the Labor Courts for the route of the procedure of general application or order for payment , as the case may be, or 30 calendar days from notification, for administrative reconsideration before the same Labor Inspectorate . Notwithstanding that there is also the possibility of requesting the substitution of the fine in certain cases and that in certain cases, when we speak of micro and small companies and the labor inspector finds an infraction, which does not put the safety or Workers' health may grant a period of at least five business days to comply with the respective regulations.
What are the ways to claim?
- Before the Labor Courts: The resolution that applies the administrative fine may be claimed by the affected person before the Labor Letters Judge , within fifteen calendar days, counted from the date of notification of the fine and having paid in fiscal coffers the third part of the fine that is claimed, accompanying the demand the proof of said deposit. This claim before the labor courts must be directed against the Chief of the Provincial or Community Inspection to which the official who applied the sanction belongs.
- Before the Labor Inspection: The employer who did not resort to the judicial route , may request within a period of thirty calendar days the reconsideration of the fine , to be withdrawn or reduced, as the case may be (If the employer chose to exercise the judicial route of claiming a fine , you cannot request the administrative reconsideration so that the fine is nullified or reduced.)
In the event that a judicial claim has not been appealed and no replacement of the fine has been requested, it is possible, as we anticipated, to request the same Labor Inspection to reconsider the fine, as follows:
1.- Withdrawing the fine , when it appears that an error of fact has been made in imposing the fine.
2.- Reducing the fine , when it is reliably proven to have fully complied with the legal , conventional or arbitration provisions whose violation motivated the sanction.
Wolfenson Abogados provides excellent legal advice on labor fines to employers.
Links of interest on labor fines :
1.- Labor Code
If you need more information and legal advice regarding labor fines, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.