Minimum Wage applicable in 2021 – LATAM

Minimum Wage applicable in 2021 – LATAM

Andersen’s Employment Law (EMPLAW) team in Latin America has prepared the updated publication on the Minimum Wage applicable in 2021, as well as the values already defined in some countries that will apply from 2022.

This publication had the participation of Andersen’s member and collaborating firms in the region: Andersen in Argentina, Lotti e Araújo Sociedade de Advogados Brasil, Chirgwin Chile, Central Law: Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, Jiménez Higuita Rodríguez & Asociados Colombia, Andersen in Ecuador, Andersen in México, BKM | Berkemeyer Paraguay, Picón & Asociados Peru, Pellerano & Herrera República Dominicana, Andersen in Uruguay and LEĜA Abogados Venezuela.

You can read and download the document Salario Minimo 2021 EMPLAW

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Minimum Wage applicable in 2021 – LATAM

Law No. 21.342 COVID-19 Protocol for return to face-to-face work

Last Tuesday, June 1st, Law No. 21,342 was published in the Official Gazette, which “Establishes the occupational health safety protocol for the gradual and safe return to work within the framework of the health alert decreed with the occasion of the COVID-19 disease in the country and other matters indicated therein“.

This Law establishes new obligations for the employer in companies that wish to return or continue with face-to-face work. The most relevant obligations imposed by this Law are the following:

  1. COVID 19 Occupational Health and Safety Protocol. It is mandatory to prepare a COVID 19 Occupational Health and Safety Protocol for those companies wishing to return or continue with face-to-face work which must contain the measures established in Article 4th of the Law. The Labor Directorate and the Health Authority may impose fines and order the immediate suspension of activities in case of non-compliance with the requirements of this Law, notwithstanding any compensation that workers may request for this reason against the company. This protocol must be elaborated within 10 days from the publication of this Law (June 11th, 2021).
  2. COVID 19 Compulsory Individual Health Insurance. Additionally, private-sector workers performing face-to-face work must have an individual health insurance at the employer’s expense, which will finance or refund the costs of rehabilitation, hospitalization or death associated with COVID-19. If this insurance is not taken out, the employer will be liable for the amounts that would have been covered by the insurer, notwithstanding the other penalties established. The term for contracting this insurance ranges from 30 to 10 calendar days, depending on whether they are former or newly hired workers.

Since the implementation of these measures is quite brief, we suggest mitigating any contingency in this matter. Our team is available to support you in preparing the return plan appropriate to the reality of each company.

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Minimum Wage applicable in 2021 – LATAM

Legal Alert Chile – February/March 2021 – Newsletter

The Legal Alert with the collection of the laws published in January 2021 and other legal matters of interest is now available. To access the content click here.

We are the Chilean Law Firm in collaboration with Andersen Global, an international association of legally separate and independent member firms, made up of tax and legal professionals from around the world. Established in 2013 by the U.S. member firm Andersen Tax LLC, Andersen Global today has more than 6,000 professionals worldwide and has a global presence through its member firms and collaborating firms. Global.Andersen.com/locations/.

The objective of Andersen Global’s collaboration with our firm, in alliance with Spasa Consulting, is to offer a one-stop shop with high quality standards, but without losing the close relationship between clients and their lawyers and accountants. More information about Andersen Global and its members and collaborating firms around the world can be found at  Global.Andersen.com.

To subscribe to our newsletter click here.

Best regards,

│ CHIRGWIN │

Remote Work Guide – Andersen Global

Remote Work Guide – Andersen Global

We share with you the Telework Guide in Latin America, a document that contains information on the general situation of remote work in the region. This guide was prepared by member firms and in collaboration with Andersen Global that are part of the Employment Law Committee (EMPLAW) in Latam and aims to provide general information on the management of remote work in times of the COVID-19 pandemic, in several countries in Latin America.

Our partner Hernán Peñafiel was responsible for explaining the reforms that were made in times of #pandemic in Chile, which regulated many issues related to remote work.

We thank the member and in collaboration firms of Andersen Global for their contribution to the preparation of the Guide:

Andersen in Argentina, Lotti e Araújo Sociedade de Advogados, Jiménez Higuita Rodríguez & Asociados, Central Law, Chirgwin, Andersen in Ecuador, Andersen in México, Picón & Asociados, Andersen in Uruguay and LEĜA Abogados.

Access the full document in Spanish here: Guia Teletrabajo

InvestChile – Michelin to build new-generation tire recycling plant in Antofagasta

InvestChile – Michelin to build new-generation tire recycling plant in Antofagasta

We are very proud of being part of this project as Michelin´s lawyers in Chile.

The first stage of the project will cost US$30 million and will be the company’s largest investment in Chile. In the future, the plant could also recycle tires from other countries such as Argentina or Peru.

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The plant will be the largest investment in Chile by France’s Michelin since its arrival in the country 40 years ago. It plans to build a tire recycling plant in northern Chile’s Antofagasta Region that will create 1,000 jobs during its construction phase and around 100 once in operation.

The project will cost US$30 million and will begin construction at the end of this year. It is expected to start operations in early 2023 and will be able to recycle 30,000 tonnes of tires, more than the group sells around the country. Although its focus will be on mining tires – which each weigh between 2 and 5 tonnes – it will also be available to recycle tires from other industries such as those used in trucks or private cars.

The initiative is being implemented in the framework of Chile’s REP Law, which extends producers’ responsibility to the final disposal of the waste resulting from their production processes. In its first phase, the law requires only 25% of tires to be recycled and Michelin’s plant will take it well beyond that.

“As part of its global strategy of working towards making everything sustainable, Michelin is announcing the construction in Chile of its first tire recycling plant, the first in the world to recycle mining tires. We are doing this as a joint venture with Sweden’s Enviro. The great innovation is that this plant incorporates mining tires. This is a decision by Michelin internationally and is great news for Chile,” said Guillermo Crevatin, general manager of Michelin Chile.

He added that the investment decision has to do with the company’s vision of advancing towards a circular economy, but also with the REP Law. “Our ambition is to go further than the law. We also aim to contribute to the mining industry, which is making progress on sustainability. With this plant, we can help towards that goal,” stressed Crevatin.

“From the first year, the law requires that producers recycle 25% of what they introduce into the market and collect 50%. It is progressive and, by 2030, will require the recycling of 100% of mining tires. We are going beyond the law. It helps, of course, but our objective goes much further,” he explained.

As regards the plant’s characteristics, Crevatin indicated that the initial investment will reach US$30 million, but could increase. In terms of its size, it will be able to process 30,000 tonnes of mining tires, out of a total of 44,000 tonnes, which is the size of the market. “We will be able to recycle many of the tires that are sold as well as the liability or, in other ways, tires that have been lying around for years because there was no solution for them,” he underscored.

Tire recycling technology has focused on the production, as an end product, of a combustible material that is used, for example, in the cement industry. However, the Michelin plant will use a different technology, called pyrolysis, which works by heating the waste and breaking it down into four products: carbon black, green oils (which come from rubber), metal and gas.

“All these products are not lost and are recovered. For example, part of the gas is used in the recycling process itself. The oils, after being refined and treated, serve as lubricants and for other uses in different industries and the metal can be completely reused. The carbon black is the most difficult but can be reused, for example, in the manufacture of new tires,” explained Crevatin.

Evaluation of Chile

According to Crevatin, possible future expansions of the plant will depend on various factors such as the response of the market and, particularly, the mining industry to the plant. However, early surveys show that, given their own corporate objectives, mining companies have significant interest in recycling tires. In light of this, conversations have already been taking place, with promising results.

Why invest in Chile? Crevatin indicated that the project considered various factors, including the high concentration of mining clients, the REP Law and the Chilean government’s openness to issues of this type.

“They have given clear signs of interest in the circular economy and sustainability. There is significant support in terms of advice on issues of this type. Independently of what has happened since the outbreak of social unrest, the plan has not changed. Although it is a concern, the seriousness, policy continuity and continuity on key issues, even across different governments, that Chile has shown is far more important. In Chile, there is legal security and it is a country where, as investors, we feel comfortable, because the conditions are there. For this reason, we had no doubt about building this plant in Chile,” concluded Crevatin.

Source: Pulso.

Source: InvestChile