Chile flag

Chile

Chile’s best Men’s World Cup finish is third place, achieved in 1962 as tournament hosts.

Chile vs Italy at the 1962 World Cup is known as the “Battle of Santiago”.

The match featured two sendings-off and police intervention.

The referee was Ken Aston, who later introduced yellow and red cards.

Contributing firm

Urenda, Rencoret, Orrego & Dörr

Contacts

Alberto Rencoret

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

The employer may deduct compensation for hours or days not worked. Likewise, the employer may terminate the employment contract without severance pay if the employee is absent without justification for two consecutive days, two Mondays within a month, or a total of three days within a month. Watching a match does not constitute a “justified cause.”

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

The employer may challenge the medical certificate. If the certificate is proven to be false or if the employee engages in activities incompatible with rest, the employer may terminate the employment for lack of probity and/or serious breach of the obligations imposed by the contract, without compensation.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Employers may administer breathalyzer tests only if the procedure is explicitly outlined in the Internal Regulations. The measure must be technical, impersonal, and applied either to all employees or randomly, in order to respect the dignity of the employee. A positive result may lead to disciplinary sanctions or termination for serious breach of the obligations imposed by the contract.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Employers may unilaterally modify the work shift schedule by up to 60 minutes (either earlier or later) for operational reasons, provided that 30 days’ prior notice is given. Any other substantial change requires a written mutual agreement and must comply with applicable legal limits.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

The employer may prohibit the use of company IT resources for non-work-related purposes through the Internal Regulations. If duly regulated in the Company’s Internal Regulations, misuse of company resources may be sanctioned with fines or other disciplinary measures. An employee’s participation in gambling activities related to the World Cup (including illegal gambling) could fall outside the employer’s sphere of control and disciplinary authority, to the extent that it does not involve company resources.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

In events organized by the employer, employees may be subject to disciplinary action up to and including termination, in accordance with duly issued Internal Regulations. In private activities, dismissal is only lawful if the conduct impacts the company’s operations or constitutes a "lack of probity" related to the employment relationship. Courts permit dismissal for off-duty conduct if it breaches "contractual trust" or involves benefits connected to the job.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If the day is declared a legal national holiday, as a general rule, employees who are required to work on the declared holiday are entitled to time off in lieu, except for employees in certain industries, who, if working on that national holiday, are entitled to have the hours worked paid as overtime (if they exceed the regular weekly working hours), and must be granted a compensatory rest day.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Strictly speaking, office pools or any game of chance are not legally authorised, although they are often tolerated if informal and of low value. It is recommended that the employer neither organize nor sponsor them.

4 May employers prohibit public displays of rival country team colours in the workplace?

The employer, in accordance with properly issued Internal Regulations, may establish dress codes and prohibit certain symbols if the measure is general, legitimate, and non-discriminatory. Notwithstanding the above, if public displays of rival country team colours do not create a hostile work environment, there should be no issues.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

As long as accommodations are provided to all employees based on objective criteria applicable to everyone, there will be no grounds for a discrimination claim.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

It is recommended to review and communicate the Internal Regulations prior to the tournament with due advance notice, define clear criteria for potential flexible work hours, and document any temporary agreements regarding changes to the work schedule.