New version of the Circulation Permits Instructive: Changes to Exceptional Collective Permits

On January 14th, the Chilean Government published a new version of the “Circulation Permits Instructive” (herein, the “Instructive”) in the context of the “Paso a Paso” (Step-by-Step) plan. On this new version, the modifications introduced to Title V of the Instructive on “Exceptional Collective Permits” stands out.

The most relevant modifications to “Exceptional Collective Permits” and its characteristics are the following:

  • Exceptional Collective Permits may only be requested for workers that have essential functions.

    For this purpose, “essential worker” is defined as “that worker who is indispensable and whose functions are critic for the development of the activities of the corresponding institution, and that, also, cannot carry out his functions remotely, thus having to attend to the workplace in person or circulate in performance on his duties.”

    The essential nature of a worker and the impossibility of remote working, must be declared on an affidavit of the employer, subject to the corresponding sanctions, in case of falseness. Employers must also present all documents that justify the essential nature of the worker(s) in case of supervision by the authorities.
  • The Exceptional Collective Permits no longer allows the persons included therein to cross sanitary checkpoints nor to make interregional trips, unless the employer has expressly requested so in the corresponding permit, subject to the aforementioned affidavit.

These modifications to the Exceptional Collective Permits system will enter into force on January 22trh, 2021.