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Labor and Electoral Modifications for the Municipal and Regional Elections of 2024

Source: DT 

SUBJECT:
Law No. 21,693 that modifies various legal bodies to improve the electoral system and hold municipal and regional elections on October 26 and 27, 2024. Mandatory holiday on Sunday, October 27 for workers in article 38 N7 of the labor code. Permission to vote or excuse oneself and perform the functions indicated.

SUMMARY:
1) Saturday, October 26, 2024, the date on which the election process for Mayors, Regional Governors, and Regional Councilors begins, is a business day, and therefore, employees must comply with the work day agreed with their employer, without prejudice to their right to be absent from work for a period of three hours to go to vote or to excuse themselves from participating in the vote, without this implying a reduction in their remuneration, as well as to be granted the necessary permits to perform the functions of a table member, member of the Scrutinizing Board, or Delegate of the Electoral Board.

2) Sunday, October 27, 2024, constitutes a mandatory holiday for workers included in article 38 No. 7 of the Labor Code, provided that they work in commercial centers or complexes managed under the same corporate name or legal personality.

3) Workers who are not in the previous situation and who are legally exempt from rest on Sundays and holidays by virtue of the aforementioned article 38 of the Labor Code and who, therefore, are required to provide services next Sunday, October 27, 2024, have the right to be absent from their work
for a period of three hours to go to vote or to excuse themselves from participating in the vote, without this implying a reduction in their remuneration, as well as to be granted the necessary permits to perform the functions of table member, member of the Scrutinizing Board or Delegate of the Electoral Board.

4) The modifications introduced by Law No. 21,693 to the Labor Code, Law No. 18,700 and other legal bodies do not impose on the worker the obligation to make use of the right to vote or to excuse himself from his work on a given day of the electoral process, so it must be concluded that the worker may freely exercise them on any of the two days on which the voting will take place.

5) The duration of the rest period for workers during the legal holiday corresponding to the election process that will take place on Sunday, October 27, 2024 is governed by the provisions of section 1 of article 36 of the Labor Code, and must begin no later than 9:00 p.m. on Saturday, October 26, 2024 and end at 6:00 a.m. on Monday, October 28, unless the respective workers are assigned to rotating work shifts, in which case they may provide services in the period between 9:00 p.m. and 12:00 a.m. on October 26, or between 12:00 a.m. and 6:00 a.m. on October 28, when the respective shift falls on said periods.

BACKGROUND:
1) Pass N°1160, of 10/14/2024, of the National Director of Labor.

2) Email of 10/11/2-24 of the Head of the Legal Reports and Opinions Unit.

SOURCES:

Law 21.693, of 08/26/24 that modifies various legal bodies, to improve the electoral system and hold the municipal and regional elections of the year 2024 in two days.

Decree with Force Law N2 of the Ministry of the General Secretariat of the Presidency,
of 09/06/2017 that establishes the coordinated and systematized revised text of Law N18.700 on popular votes and scrutiny of 05/06/1988.
3) Labor Code, articles 35, 63 and 38.

CONCORDANCES:

Opinions Nos. 1449/15 of 05/12/2021; 3175/33 of 11/25/2020; 5141/87 of 10/18/2016; 3115/53 of 06/08/2016: 4979/67 of 12/10/2009; 2225/86 of 04/15/1996. SANTIAGO, October 15, 2024.

FROM: NATIONAL DIRECTOR OF LABOR

TO: HEAD OF INSPECTION DEPARTMENT (S)

In view of the legal modifications introduced by Law No. 21,693, of 08/26/2024, which modifies various legal bodies, to improve the electoral system and hold the municipal and regional elections of the year 2024 in two days, on Saturday, October 26 and Sunday, October 27, and in accordance with the provisions of Decree with Force of Law No. 2 of 09/06/2017, which establishes the coordinated and systematized text of Law No. 18,700 constitutional organic law on popular votes and scrutiny, of 05/06/1988, it has been deemed pertinent that this Labor Directorate issue a statement about the scope in labor matters of the aforementioned electoral event.

In this regard, I hereby inform you of the following:

The fourth transitory article, letter c), paragraphs 2 and 3 of Law No. 21,693, which modifies various legal bodies to perfect the municipal and regional elections of the year 2024 in two days, provides in the pertinent part:

"The voters who are designated as members of the voting tables must perform said functions on Saturday and Sunday.
The application of the electoral holiday contained in number 7 of article 38 of the Labor Code, as well as that established in article 180 of Law No. 18,700, Constitutional Organic Law on Popular Voting and Scrutiny, will be applicable only for Sunday."

For its part, the cited article 180 of Law No. 18,700 on popular votes and scrutiny, formerly article 169, establishes in its first paragraph:

"The day set for the holding of elections and plebiscites shall be a legal holiday."
In turn, paragraph 1 of article 35 of the Labor Code provides:
"Sundays and those days declared by law to be holidays shall be days of rest, except with respect to activities authorized by law to work on those days."

From the analysis of the above-mentioned regulations, it follows that, pursuant to the provisions of the fourth transitory article of Law No. 21,693, during the municipal and regional elections to be held in two days during the year 2024, only the one that falls on a Sunday will be considered a legal holiday, a distinction that is expressly extended to workers exempt from Sunday and holiday rest who perform activities governed by numeral 7 of article 38 of the Labor Code.

Consequently, Saturday, October 26, 2024, the first day of the electoral process in reference, will be a working day and therefore it will be up to the employees to provide services in accordance with the workday agreed with their employer, without prejudice to their right to demand that the employer grant them the necessary permits to go to vote or to excuse themselves before the Carabineros of Chile, as will be explained later. On the contrary, Sunday, October 27, 2024, will be a legal holiday and therefore a day of rest in all the municipalities and regions of the country.

Having clarified the above, it is necessary to analyze the scope of the aforementioned regulations in the labor field.
-.1 Regarding the duration of the work break during the legal holiday of Sunday, October 27, 2024, it should be noted that section 1 of article 36 of the Labor Code provides:
"The rest and the obligations and prohibitions established in this regard in the two previous articles will begin at the latest at 9 p.m. on the day before the Sunday or holiday and will end at 6 a.m. on the day after these, except for the time changes that occur due to the rotation in the work shifts."

For its part, the repeated administrative jurisprudence of this Service contained in Opinions No. 4979/67 of 12/10/2009 and No. 1449/15 of 05/12/2021 has indicated that the start and end times of the rest indicated in section 1 of article 36 of the Labor Code are applicable both to workers affected by the normal regime of section 1 of article 35 of the Labor Code transcribed above, as well as to workers exempted from Sunday and holiday rest, in accordance with article 38 of that legal body. The same doctrine adds that, in both cases, the weekly rest must begin at 9:00 p.m. on the day before the Sunday or holiday or compensatory rest, as the case may be, and end at 6:00 a.m. on the day after these, without prejudice to the time changes that could occur in the case of workers with rotating shifts, who could provide services in the period between 9:00 p.m. and 12:00 a.m. on the day before the rest, or between 12:00 a.m. and 6:00 a.m. on the day following it, when the respective shift falls within said periods.

In accordance with the above, the duration of the rest corresponding to the electoral process that will take place on Sunday, October 27, 2024 is governed by the provisions of section 1 of article 36 of the Code

Labor, which must begin no later than 9:00 p.m. on Saturday, October 26, 2024 and end at 6:00 a.m. on Monday, October 28, unless the respective workers are subject to rotating work shifts, which affect the rest hours established by the aforementioned legal norm, in which case they could provide services in the period between 9:00 p.m. and 12:00 a.m. on October 26, or between 12:00 a.m. and 6:00 a.m. on October 28.

2-. Regarding the situation of workers exempted from Sunday and holiday rest, in accordance with article 38 of the Labor Code, especially those governed by numeral seven of said precept, since,
they are expressly referred to in the fourth transitory article of Law No. 21,693, it should be noted that the cited legal norm provides:
"The following are excepted from the provisions of the previous articles:
7-. in commercial and service establishments that serve the public directly, with respect to workers who provide such service and according to the modalities of the respective establishment. However, this exception will not be applicable to workers in commercial centers or complexes administered under the same corporate name or legal personality, in relation to the legal holiday established in article 169 of Law No. 18700 and in article 106 of the Organic Law of Municipalities. and (....).".

From the aforementioned provision it follows that, among others, workers who work in commercial and service establishments that directly serve the public are exempt from the Sunday and holiday rest established in article 35 of the Labor Code, as long as they provide such service.

It is also inferred that the aforementioned provision establishes a counter-exception to the general regulations that govern said workers, insofar as it prohibits the provision of services on the days in which the elections referred to in the same regulation must be carried out.

As a consequence of what has already been stated, the reiterated doctrine of this Service, contained among other pronouncements in Opinions No. 3175/33 of 11/25/2020; No. 5141/87 of 10/18/2016; No. 3115/53 of 06/08/2016 and Ordinary No. 4061 of 08/04/2016, has resolved that the aforementioned counter-exception translates into the fact that, by express mandate of the legislator, the days on which elections must be held constitute mandatory days of rest for workers who are exempt from Sunday and holiday rest by virtue of the seventh numeral of article 38 of the Labor Code, a conclusion that in accordance with the provisions of the fourth transitory article of Law No. 21,693, which establishes as a holiday only the Sunday of voting, is fully applicable to the electoral process to be held on Sunday, October 27, 2024, with respect to those workers who meet the following cumulative requirements:

a) That they work in commercial centers or complexes;
b) That said commercial centers or complexes are managed under the same corporate name or legal personality;
c) That the referred commercial centers or complexes are located in one of the communes and/or regions in which the electoral process is to be developed.

In relation to the requirement stated in letter a), it should be noted that, in accordance with the institutional doctrine supported, among others, in Opinion
No. 2225/86 of 04/15/1996, which established the concept of commercial centers or complexes for the purposes provided for in article 203 of the Labor Code, a provision that uses the same expression, they should be understood as:

." the set of commercial premises or establishments, generally close to each other and organized under a common technical or financial management, where retail trade articles are sold."

Thus, applying the doctrinal criteria stated above, it is necessary to agree that Sunday, October 27, 2024, the date on which the second day of elections for Mayors, Councilors, Regional Governors and Regional Councilors will be held, should be considered as a mandatory rest day for workers included in numeral 7 of article 38 of the Labor Code, as long as they work in commercial centers or complexes managed under the same corporate name or legal personality, which are located in the communes and/or regions in which the aforementioned elections are to be held, for which reason, they cannot be required to provide services on said day.

On the other hand, with regard to workers who are not included in the situation described above, that is, those who do not provide services in the commercial centers or complexes referred to in previous paragraphs, but who, in accordance with article 38 of the Labor Code, are exempt from rest on Sundays and

holidays and therefore, they must perform their duties during Sunday, October 27, 2024, it is necessary to consider the provisions of article 165 of Law No. 18,700, which states:

"No authority or employer may require any service or work that prevents voters from voting.
In those activities that must necessarily be carried out on the day an election or plebiscite is held, workers may be absent for three hours, so that they can vote or excuse themselves, as appropriate, without deduction from their wages."

In this regard, given the modifications introduced by article 1 No. 21, letters a) and b) of Law No. 21,693 of 08/26/2024, in Law No. 18,700 on Popular Voting and Scrutiny, which increases to three hours the permission of workers to vote or excuse themselves, as appropriate, it should be noted that the existing doctrine on the matter contained among other pronouncements, in the aforementioned Opinions Nos. 3175/33 of 11/25/2020 and 3115/53 of 06/08/2016, according to which, the worker has the right to be absent from work on the day that elections are held to vote, should also be understood as referring to the new three-hour permission to excuse oneself from voting, without the absence of the employee during that period of time (for one purpose or another) being able to mean a reduction of his/her remuneration, as a result of the aforementioned legal modification.

Likewise, the criterion contained in Opinion No. 1449/015, 05/12/2021, which indicates that there is no legal inconvenience for the parties to mutually agree on a time greater than the legal minimum, should be understood as referring to the three-hour permit both to vote and to excuse themselves from doing so.

In the same vein, regarding the day that the worker may exercise his right to vote or excuse himself from his work during the development of the electoral process to be held on October 26 and 27, 2024, it should be noted that the modifications introduced by Law No. 21,693, to the Labor Code, to Law No. 18,700 and other legal bodies, do not impose on the worker the obligation to make use of these rights on a given day of the process, so it must be concluded that the worker may freely exercise them on any of the two days on which the voting will take place.

The above is corroborated by the history of Law No. 21,693, which, in the minutes of the presentation of the President of the Board of Directors of the Electoral Service of Chile, dated 05/07/2024 before the Government Commission in Session 18, Legislature 372, page 20, states the following:

"Next, referring to the technical foundations of the proposal for voting in two days, he pointed out that for the Electoral Service the main thing is that the fifteen million voters obliged to vote have the best conditions to exercise their right to vote.
He stressed that it is better for the voter to be able to choose between two days, Saturday or Sunday, to go to vote, instead of only having one day. Likewise, he considered that the option of voting in two days represents the solution to the problem of avoiding
long lines, delays and crowds, in addition to being a safe option that has been successfully tested on previous occasions."

Furthermore, in the same sense, it is worth highlighting the speech in the chamber on 31.07.2024, Session 40, Legislature 372, by the Honorable Senator Juan Ignacio Latorre Riveros, which appears on page 487 of the History of Law No. 21,693, which reads as follows:

"It is an achievement of workers to participate in democracy and have an unwaivable holiday. And this is compatible, in a two-day election, at the end of October, with a Saturday that will not be an unwaivable holiday but where there will be authorized time to vote, if they want to do so that day, and with Sunday, which remains an unwaivable holiday. It is something that was not considered as such
previously and today it becomes an achievement that is valued again after the Government's veto."

3.- Finally, in relation to the situation of workers who are designated to perform the functions of voting table members, members of counting boards or delegates of the electoral board, article 166 of the aforementioned Law No. 18,700 is applicable, which is contained in DFL No. 2 of 06.09.2017, which provides:

"Employers must grant the necessary permits, without deduction of wages, to workers who are designated as voting table members, members of counting boards or delegates of the electoral board."

In relation to this rule, the administrative doctrine of the Service, contained in the aforementioned pronouncements, has resolved that it is appropriate to grant employees permission for as long as necessary for the correct performance of the same, and it must be specified that pursuant to the provisions of letter c) of the fourth transitory article of

According to Law No. 21,693, the permit will cover both days of the electoral process in the case of workers designated as members of polling stations.

Therefore, in accordance with the above paragraphs, the permits established in the aforementioned legal regulations are fully applicable to the electoral process to be held on both Saturday, October 26 and Sunday, October 27, 2024, since the prerogatives they contemplate correspond to guarantees that have been expressly enshrined by the legislator in order to protect the adequate participation of workers in the electoral processes.

Consequently, on the basis of the aforementioned legal provisions.
In view of the institutional jurisprudence invoked and the considerations set forth, I hereby inform you of the following:

1) Saturday, October 26, 2024, the date on which the election process for Mayors, Councilors, Regional Governors and Regional Councilors begins, is a business day, and therefore, employees must comply with the work day agreed with their employer, without prejudice to their right to be absent from work for a period of three hours to go and vote or to excuse themselves from participating in the vote, without this implying a reduction in their remuneration, as well as granting them the necessary permissions to perform the functions of a polling station member, member of the Scrutinizing Board or Delegate of the Electoral Board.

2) Sunday, October 27, 2024, constitutes a mandatory holiday for workers included in article 38 No. 7 of the Labor Code, provided that they work in commercial centers or complexes managed under the same corporate name or legal personality.

3) Workers who are not in the previous situation and who are legally exempt from rest on Sundays and holidays by virtue of the aforementioned article 38 of the Labor Code and who, therefore, are required to provide services next Sunday, October 27, 2024, have the right to be absent from their work for a period of three hours to go to vote or to excuse themselves from participating in the vote, without this implying a reduction in their remuneration, as well as to be granted the necessary permits to perform the functions of table member, member of the Scrutinizing Board or Delegate of the Electoral Board.

4) The modifications introduced by Law No. 21,693 to the Labor Code, Law No. 18,700 and other legal bodies do not impose on the worker the obligation to make use of the right to vote or to excuse himself from his work on a given day of the electoral process, therefore it must be concluded that the worker may freely exercise them on any of the two days in which the voting will take place.

5) The duration of the rest of the workers during the legal holiday corresponding to the electoral process that will take place on Sunday, October 27, 2024 is governed by the provisions of section 1 of article 36 of the Labor Code, and must begin no later than 9:00 p.m. on Saturday, October 26, 2024 and end at 6:00 a.m. on Monday, October 28, unless the respective workers are affected by rotating work shifts, in which case they could provide services in the period between 9:00 p.m. and 12:00 a.m. on October 26, or between 12:00 a.m. and 6:00 a.m. on October 28, when the respective shift falls on said periods.

More information: https://www.dt.gob.cl/legislacion/1624/articles-126781_recurso_pdf.pdf

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The agreement that avoids double taxation between the United States and Chile comes into force.

Source: Diario Financiero

From the Office of the Spokesperson of the United States Department of State they announced that this Tuesday the agreement that avoids double taxation between said country and Chile came into force.

"The tax agreement with Chile is the first new bilateral comprehensive tax agreement signed by the United States to enter into force in more than ten years. On June 22, 2023, the United States Senate provided advice and consent for the ratification of the agreement and President Biden signed the instrument of ratification in December," they said in a statement.

Today, the United States notified our country that it had completed the procedures required to put the agreement into operation.

In the statement, it is highlighted that the new regulations "will reduce tax barriers to cross-border investment between the United States and Chile, facilitating the strengthening of commercial ties." In turn, "lower tax rates will allow entities doing business in both countries to save more money."

"American and Chilean companies and industrial associations have long advocated for the approval of this tax agreement, which will make Chilean companies more competitive in the United States and American companies more competitive in Chile," they celebrated from the Office of the Spokesperson of the State Department.

"The United States continues to be the number one market for Chilean small and medium-sized businesses and those run by women. This agreement will also reduce the cost of doing business for all of them," the North American government also highlighted.

Thus, Chile becomes the second South American country to have a comprehensive income tax agreement with the United States.

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Regulation, treatment and legal scope to take into account for the day of the plebiscite.

Dear community,

We inform you that on December 5, the Labor Directorate published ORD No. 1474 of 2023, which reiterates the service doctrine regarding the regulation, treatment and legal scope to be taken into account for the day of the plebiscite.

<<Read the full note here>>

For more information you can contact:

Daniel Cortes S
dcortes@dnpv.cl

Juan Pablo Prieto
jpprieto@dnpv.cl

Juan Pablo Vergara
jpvergara@dnpv.cl

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Protocol Meeting between DNPV Abogados and the President of the Court of Appeals of San Miguel

Last Friday, November 3, Daniel Cortes, distinguished lawyer from DNPV Abogados, had the honor of being received by Minister Luis Sepúlveda Coronado, who serves as President of the Court of Appeals of San Miguel.

During this meeting, President Sepúlveda pleasantly shared with the aforementioned lawyer and together they took a tour of some of the areas of the San Miguel Court of Appeal.

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It will have sanctioning power: President Boric signs the project that empowers Sernac

Source: Diario Financiero. 

At the San Joaquín Cultural Center, with an amphitheater full, mainly of senior citizens, today the President of the Republic, Gabriel Boric, signed the “Sernac protects you” bill, which seeks to promote the rights of consumers. The proposal, in general lines, aims to endow the service with the sanctioning power. How will it work? In detail, it is sought that the body can sanction companies that violate the rights of consumers in individual cases, and may order the return of the money paid by them, in addition to other measures to prevent future breaches. “I would like to give trade peace of mind, because we know that many times these laws can create uncertainty,” said President Boric. "The current project is technically sound, it takes over the observations that the TC made at the time," he added. To achieve this, a "modern and expeditious" administrative procedure will be created, which will take as a reference the experience of other bodies with similar powers. According to what was explained by the director of Sernac, Andrés Herrera, the procedures will be processed by a new Sanctioning Procedure Sub-directorate of the service, which will be made up of professionals in charge of receiving and collecting the necessary information to decide whether or not to sanction, according to conformity to the law. How long will this instance take to provide a solution? As Herrera explained, the term established by law for an administrative procedure should be taken as a reference and there we can be talking about a maximum of six months. We obviously hope to make the sanctioning procedures that we instruct more efficient, in fact it is possible that certain procedures can also be accumulated regarding the same issues, in such a way as to make a very agile procedure with adequate responses. The legislative proposal. which will soon enter Congress, in addition, it seeks to establish the obligation of companies to have a claims management system, distinguishing by the size of the companies. Focus on intermediaries It is not the only thing: it also seeks to increase the responsibility of intermediary platforms, that is, those firms that operate as mediators with customers (such as marketplace and delivery applications, for example), which according to the proposal must also give response to consumers for the products purchased through them, improving the ability to respond to consumers. “The project seeks to solve a problem that has plagued us for a long time, said Herrera. emphasizing that the proposal “is for and by the people.” Boric: A “solid” project After Herrera's words, it was the president Gabriel Boric who addressed the general guidelines of the proposal before the citizens of San Joaquín and the business leaders present. The president spoke directly to this last group. “I would also like to give trade peace of mind, because we know that many times these laws can generate uncertainty. The current project is technically sound. takes charge of the observations made at the time by the Constitutional Court regarding a previous initiative to strengthen Sernac, and experts such as José Roa, former director of Sernac, Enrique Barros, an academic at the University of Chile and an expert in law participated in its design non-contractual, the comptroller Ramiro Mendoza”, said Boric, stressing that the institution “will not be judge and party”.
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Treaty that avoids double taxation between Chile and the US notes important progress.

Source: Financial Journal

A new milestone took place yesterday in the processing of the agreement to avoid double taxation between Chile and the United States, after 13 years of parliamentary discussion.

By a large majority, the US Senate Foreign Relations Committee approved the text with a series of amendments, by 20 votes in favor and one against.

Thus, the text -which was already ratified by the Chilean Congress in 2015 and signed in 2010- is ready to be analyzed by the Chamber of the North American Upper House, a process that should take place in the coming weeks.

Although everything points to an easy approval and subsequent passage into law, there are still some minor knots to be resolved, after US senators made a series of reservations on specific points, in order to align some regulations with the tax reform approved in 2017 during the government of Donald Trump.

"This treaty is vital to strengthening the competitiveness of the United States and the growth of US foreign direct investment in Chile, which is a strong democratic partner. The treaty enjoys strong support from the US business community and it is a crucial tool for the reinforcement of the tax laws of the United States," said the chairman of the Senate Foreign Affairs Committee. Robert Menendez Democrat).

Government and private celebrate

The Chilean ambassador in Washington, Juan Gabriel Valdés, states that from the point of view of the diplomatic representations of both nations. of Chilean and North American businessmen, "and of those of us who have been fighting for years for this to advance, this is very important.

Now it is expected that it will go to the plenary session of the Senate and be approved by a very substantial majority."

The former foreign minister explains that if it is approved, then comes a process where the Chilean Congress must be aware of the amendments that have been made to the treaty by the US. The formula for that to happen, he details, is for Congress to know it via an exchange of diplomatic notes and then it must be approved by the local Parliament "But the text is the same that was signed in 2010 and that the Chilean Congress approved in 2015 , and that it has an amendment that has to do with issues between the relationship of the Senate and the Department of the Treasury related to information issues," he says.

The Undersecretary of International Economic Relations. Claudia Sanhueza, valued "very positively the approval of the agreement after more than a decade of discussion" of permanent dialogue efforts by our technical teams so that the agreement improves investment conditions between both countries.

While the Chilean North American Chamber of Commerce (AmCham) described the approval as a "very relevant" step, which "allows us to be optimistic" that the agreement will be approved this year.

"As representatives of US investments in Chile, we see that the non-double taxation treaty is essential to continue promoting investment and trade between the two countries, with the positive impact that this has for the sustainable and inclusive development of Chile and the United States" they concluded.

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Imacec: Chilean economy falls more than expected in March but Marcel rules out a technical recession.

Source: Diario Financiero

The Monthly Indicator of Economic Activity (Imacec) registered a year-on-year drop of 2.1% in March, the Central Bank reported on Tuesday, in a decline that was deeper than most market estimates.

Given this Imacec result, two quarters in red were completed in year-on-year terms, with a January-March period where activity would have fallen 0.9%, which in any case is less than the 2.3% drop observed in October-December of 2022.

The Central Bank indicated that in March 2023 the seasonally adjusted series decreased 0.1% compared to the previous month and fell 1.9% in twelve months. The month recorded the same number of business days as March 2022

"The annual variation of the Imacec was mainly explained by the drop in mining and commerce. Meanwhile, the decrease in the Imacec in seasonally adjusted terms was explained by most of its components, which was partially offset by the increase in services" he said about the variation in March.

Analysts' projections for Imacec's performance pointed to a drop of between 1.3% and 2.3%, after the drop in industrial production and trade activity that month. Market consensus in the Bloombera survey pointed to a 1.7% year-on-year drop in the Imacec in March.

The finance minister. Mario Marcel pointed out that "it is not debatable" that the economy is in the midst of a technical recession.

"The definition of a technical recession is two quarters of negative variation compared to the previous quarter, seasonally adjusted. That happened in the first three quarters of last year. Now, on the contrary, we have two quarters in a row of positive variations compared to the previous quarter seasonally adjusted (+0 ,1% and +1% respectively)", he argued.

In a conversation with ADN radio, the head of the Treasury explained that the monthly figure compared to the previous month has a "much smaller drop and, on the other hand, when one removes the mining company, which is the factor that contributed the most negatively, it goes to be a positive number.

So he points out that "a year ago the economy was in a downward inflection, today the economy is in an upward inflection."

Sectoral impact

payment services,

As some analysts well anticipated on Friday, the figure would turn red affected by mining, as verified by the Central. Production in this area decreased 8.5%, according to the report, which added to the 2.5% stumble in the manufacturing industry, translated into a 5.5% decline in the production of goods.

In seasonally adjusted terms, the contraction was 0.7% compared to the previous month.

Commercial activity also suffered in annual terms, presenting a decrease of 5.4%. This result reflected the performance of the retail segment, where lower sales were recorded in supermarkets, department stores, and specialized clothing and footwear stores.

To a lesser extent. wholesale trade also fell, explained by the sales of raw materials, food and household goods.

In contrast, the automotive trade presented positive results.

As has happened in recent times, services remained in blue and increased by 0.9%, with those in the personal area -such as health and education- making the greatest contribution, followed by business

The seasonally adjusted result showed a growth of 0.9% compared to the previous month.

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Chile intensifies efforts with Peru and Venezuela to solve the border crisis.

Source: Diario Financiero

Foreign Minister Alberto van Klaveren pointed out that work is being done on a concrete solution to the crisis that is being experienced on the northern border regarding migrants who want to leave the country, but do not have the necessary identification

"We are facing a humanitarian crisis and as the Foreign Ministry we have held talks at the highest level with both Peru and Venezuela, it is about finding a concrete solution" ensuring that we do not have diplomatic tension with Peru or Venezuela "

The minister also maintained that, as an example of the "good disposition of our neighbors, at the request of Venezuela, consular facilities are being given to Venezuelan officials so that they can interview their nationals at the border."

He stated that "all sectors must help take care of the diplomatic dialogue. I call for not making electoral or political use of the issue, we must address this as a vision of the State"

Possible solutions

Van Klaveren pointed out that different alternatives are being analyzed to solve the problem "whether through a humanitarian corridor, whether by air or land, but it is important to emphasize that any solution requires the agreement of all the countries involved."

This Wednesday, Undersecretary of Foreign Affairs Gloria de la Fuente will participate in a virtual meeting with Vice Foreign Ministers of Peru, Ecuador, Colombia and Venezuela.

The Undersecretary of Justice, Jaime Gajardo, traveled to Arica to supervise the start of the enrollment or identification of migrants. "As a government, it is extremely important to be able to enroll people who are undocumented, to find out who are the people who are in our country. The Civil Registry together with the regional ministerial secretariat for Social Development will carry out this process, in order to deliver a individualization number to these people who are in an irregular migration, and with this, to be able to provide security to the country and subsequently to be able to enable possible humanitarian corridors, with the exit documents "

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Relive in real time how the vote count was and the results for the 2023 constitutional process.

Source: Emol

What you need to know

-The 50 members of the Constitutional Council (25 women and 25 men) are elected, who must draft a new Constitution for the country.

Composition of the lists:

List A: People's Party (PDG).
List B (All for Chile): Party for Democracy (PPD), Christian Democracy (DC) and Radical Party (PR).
List C: Republican Party.
List D (Unit for Chile): Humanist Action, Social Convergence (CS), Comunes, Social Green Regionalist Front (FRVS), Communist Party (PC), Socialist Party (PS), Democratic Revolution (RD) and Liberal Party (PL) .
List E (Chile Seguro): Independent Democratic Union (UDI), National Renewal (RN) and Evópoli.

22:37

The Araucanía Region also experienced changes due to the parity rule.

Arturo Phillips, from the Chile Seguro party (I-UDI) achieved 12.36% (63,154 votes)
Germán Becker of the Chile Seguro (RN) party achieved 9.56% (48,865 votes)
Mario García of the Republican Party (REP) achieved 8.73% (44,641 votes)
Mariela Fincheira of the Republican Party (REP) achieved 6.71% (34,297 votes)

Kinturay Melin of the Unity for Chile (RD) party achieved 3.57% (18,267 votes)

22:15

Results in O'Higgins: Juan Sutil (13.79%) is left out due to the parity rule

Sebastián Figueroa, from the Republican Party (REP) achieved 15.24% (82,640 votes)
Miguel Littin of the Unity for Chile (PS) party achieved 11.31% (61,344 votes)
Ivonne Mangelsdorff of the Chile Seguro (RN) party achieved 1.68% (9,134 votes)

21:57

Electoral participation reaches 78.35%: the second highest in history.

According to the Electoral Service in its last count, 11,871,127 votes were added. This is the second highest vote in history, behind the constitutional plebiscite of September 4, 2022.

 

21:53

The government spokesperson speaks

"The great challenge that the Constitutional Council has is to be able to dialogue, to be able to sit at the same table and reach those agreements that are not easy at all," said Minister Camila Vallejo.

 

21:48

Gabriel Boric speaks

"Reaching agreements is by nature something difficult to achieve and sometimes in times of polarization it becomes intuitive (...) Citizens, I have no doubts, demand an even greater effort from us, which is that we get out of that position of comfort", stated the President. "When the pendulum of history swings from one extreme to the other in a short time, it is always the most vulnerable populations that suffer from the confrontation between the elites," added the ruler, who emphasized the need to solve the consequences of this pendulum movement.

 

21:41

The President Gabriel Boric speaks

From La Moneda, the President stressed that "our country once again uses dialogue to resolve its differences, because we have understood that democracy is strengthened with more democracy, and never with less." Boric also sent a message to the new advisors: "As President of the Republic, on behalf of the State and the people of Chile, I invite you to act with wisdom and confidence." The head of state recalled the previous failed constitutional process that, he assured, "failed, among other things, because we did not know how to listen to each other among those of us who think differently." Along these lines, he appealed to the winners of the election: "I want to invite the Republican Party not to make the same mistake that we made."

 

21:21

Change in Tarapacá: Unity for Chile adds another adviser

Ninoska Payauna, from the Republican Party (REP) achieved 13.04% (14,652 votes)
Romina Ramos of the Unity for Chile (COM) party achieved 11.07% (12,435 votes)

21:19

Natalia Piergentili (PPD) speaks

The president of the PPD and losing candidate for the Constitutional Council, stated that "defeats must be received with humility, but not giving up on our convictions." "We receive this result with humility, with the need for reflection," she added. Regarding her party's decision to go on another separate list from the ruling party, she stated that "as president of the PPD, the definition of going on two lists was set by the party table." Likewise, she maintained that "any party definition will be taken within the party, as appropriate."

21:17

The Todo por Chile list speaks Alberto Undurraga, president of the DC, stated that "it makes us reaffirm our convictions to continue working from the center-left to regain the trust of citizens." "This encourages us to continue working for the next elections and in each of the processes," he added. Regarding the decision to present himself on a separate list to the ruling party, he argued that "we believe that having a different list increased the number of Chilean men and women who can vote for the center left." "Here there was a winner that is the Republican Party, we respect the verdict of the Chilean people, but it worries us," he closed.

 

21:05

Jose Antonio Kast

"Very good night Chile, very good night Republicans... There is nothing to celebrate.

Because Chile is not well, Chileans are not well and that must be engraved in their hearts. For a few this choice seems very important. Today is not the time to be happy, but happy because we achieved an important goal, it is not time to divide the country, but to work together for the good of the country. Today millions of Chileans have gone to the polls to give a strong and clear signal of the course they want for the country. Today is the first day of a better future for our country. Chile has defeated a failed government."

20:58

Deputy Juan Antonio Coloma (UDI) speaks

"Today we have a historic opportunity to give Chile a Constitution that makes common sense to the citizens (...) I think that in the main it is a giant defeat of Octobrism, of those who wanted to set Chile on fire and it is a gigantic triumph of the opposition". Asked about the results, in which the Chile Seguro coalition obtained third place, the parliamentarian remarked that "the UDI today is the second most voted party in Chile and we believe we have a good opportunity."

20:55

Juan Ignacio Latorre, RD helmsman

"The Republican Party did not sign the agreement, it did not want a new Constitution. Let's see now what role Chile will have. Come on, are you going to put the music on? The Republican Party has been intransigent to the reforms. We will see in the next few days what it is the attitude, if there is a drunkenness of the right"

 

20:53

This is Gloria Hutt

In dialogue with Channel 13, the leader of Evópoli, who is being elected in the Metropolitan Region, thanked "all the people who trusted in the possibility that she could be a director." According to the official results, the former Minister of Transportation is the only representative of Evópoli to be elected constitutional counselor.

20:52

Unit for Chile refers to the results

Paulina Vodanovic, president of the PS: "We are going to have to analyze with time within the parties. Our objective as a list is to reform that Chile needs a new Constitution, that the base of 12 ideas be respected and that we have a draft of Constitution that enshrines a rule of law"

 

20:19

The deputy Daniel Manouchehri (PS) speaks

"This is not the time to throw clothes out in the sun, but rather the time to look to the future so that we can all get out of this complex moment together," says the head of the Socialist Party bench. The parliamentarian affirmed that "as a bench of the PS we believe that we did well, we were the party with the best votes in the coalition", in any case, he added that "the biggest surprise we saw is that within the right the right has radicalized, from a right that looked towards the center to one that looked at Pinochetism".

20:16

Magellan Region

Claudia Mac-Lean, from the Republican Party (REP) achieved 12.38% (8,475 votes)
Jessica Bengoa of the Unity for Chile (CS) party achieved 11.98% (8,207 votes)

Aisén Region

Pilar Cuevas, from the Chile Seguro (RN) party, achieved 20.42% (2,805 votes)
Julio Nanco of the Unity for Chile (RD) party achieved 6.94% (953 votes)

Lakes Region

Beatriz Hevia, from the Republican Party (REP) achieved 22.58% (30,891 votes)
Nancy Márquez of the Unity for Chile (CS) party achieved 8.60% (11,769 votes)
Juan Luis Ossa of the Chile Seguro party (I-RN) achieved 7.87% (10,762 votes)

River region

Jorge de la Maza, from the Republican Party (REP) achieved 18.43% (13,170 votes)
Alejandro Köhler of the Unity for Chile (I-PS) party achieved 7.64% (5,462 votes)
Lorena Gallardo of the Chile Seguro party (I-RN) achieved 3.03% (2,165 votes)

Araucania region

Héctor Urban, from the Republican Party (REP) achieved 14.17% (20,681 votes)
Arturo Phillips of the Chile Seguro party (I-RN) achieved 12.89% (18,810 votes)
Germán Becker of the Chile Seguro (RN) party achieved 9.54% (13,920 votes)
Mario García, from the Republican Party (REP) achieved 8.87% (12,949 votes)
Raúl Allard of the Unity for Chile (PS) party achieved 3.21% (4,687 votes)

Bio bio region

Patricia Spoerer, from the Republican Party (REP) achieved 14.65% (49,464 votes)
Aldo Sanhueza of the Republican Party (REP) achieved 12.26% (41,393 votes)
Germán Becker of the Unity for Chile (RD) party achieved 9.91% (33,468 votes)

Cloud Region

Cecilia Medina, from the Republican Party (REP) achieved 15.22 (21,091 votes)
Carolina Navarrete of the Chile Seguro party (UDI) achieved 13.48% (18,682 votes)

Maule Region

Ricardo Ortega, from the Republican Party (REP) achieved 11.15% (28,534 votes)
Miguel Rojas of the Republican Party (REP), achieved 9.20% (23,551 votes)
María Gatica of the Republican Party (REP), achieved 9.12% (23,350 votes)
Christian Suárez, from the Unity for Chile (I-PS) party, achieved 8.53% (21,826 votes)
Mario Undurraga of the Chile Seguro party (UDI) achieved 5.10% (13,043 votes)

O'Higgins Region

Sebastián Figueroa, from the Republican Party (REP) achieved 15.43% (31,310 votes)
Juan Sutil from Chile Seguro (I-RN) achieved 13.62% (27,627 votes)
Miguel

Littin of the Unity for Chile (PS) party achieved 11.44% (23,215 votes)

Metropolitan region

Luis Silva, from the Republican Party (REP) achieved 18.93% (183,836 votes)
Karen Araya of the Unity for Chile Party (PC), achieved 11.76% (114,233 votes)
Yerko Ljubetic of the Unit for Chile (CS), achieved 7.22% (70,123 votes)
Gloria Hutt, from the Chile Seguro (EVO) party, achieved 7.07% (68,634 votes)
Jorge Ossandón Republican Party (REP) achieved 5.23% (50,795 votes)

Valparaiso Region

Antonio Barchiesi, from the Republican Party (REP) achieved 20.73% (78,009 votes)
María Soledad Pardo, from the Unity for Chile Party (CS), achieved 10.15% (38,185 votes)
María de los Ángeles of the Republican Party (REP), achieved 6.68% (25,129 votes)
Aldo Valle, from the Unity for Chile (I-PS) party, achieved 6.43% (24,209 votes)
Edmundo Eluchans party Chile Seguro (UDI) achieved 5.35% (20,115 votes)

Coquimbo Region

Gloria Paredes, from the Republican Party (REP) achieved 8.60% (10,432 votes)
Fernando Viveros of the Unity for Chile (PC) party achieved 7.13% (8,657 votes)
Gonzalo Pinochet of the Chile Seguro (UDI) party achieved 6.22% (7,548 votes)

Atacama Region

Paul Sfeir, of the Republican Party (REP) achieved 11.91% (4,208 votes)
Marcela Araya of the Unity for Chile (PS) party achieved 6.57% (2,323 votes)

Antofagasta Region

Carlos Solar, from the Republican Party (REP) achieved 19.10% (11,520 votes)
José González of the Unity for Chile (I-RD) party achieved 11.35% (6,846 votes)
Carmen Montoya of the Republican Party (REP) achieved 7.85% (4,733 votes)

Tarapaca Region

Ninoska Payauna of the Republican Party (REP) achieved 13.44% (4,186 votes)
Sebastián Parraguez of the Republican Party (REP) achieved 10.63% (3,312 votes)

Region of Arica and Parinacota

Diego Vargas of the Republican Party (REP) achieved 13.57% (3,314 votes)
Jocelyn Ormeño of the Unity for Chile (I-PS) party achieved 10.31% (2,518 votes)

19:53

With 17.86% of the votes, this is how the pacts are being distributed

19:49

For now, with 7.81%, 22 women would be elected, so the parity item should begin to govern

 

19:34

Diego Ibáñez, president of Social Convergence, speaks

"There is still a lot to scrutinize, there was a high participation of the citizens, we believe that regardless of the results, the desire is to build a transversal majority," said the parliamentarian, after learning the preliminary results of this election. Ibáñez added that "I think it is legitimate that the public is very distant today" from the political class.

 

19:28

Deputy Gonzalo Winter (CS)

"The results are still not clear, we have very vague information on how many would enter by pact, by parity. The sum of Unidad's votes for Chile are similar to those of the last parliamentary election, of the presidential election and to what came out in the polls" .

 

19:14

Regarding blocks in the RM

1.- Republican Party: 30.21%

2.- Unit for Chile: 29.14%

3.- Safe Chile: 27.44%

 

18:36

Republican Party reacts after early results

The president of the opposition group, Arturo Squella, affirms that "we take it easy, prudently" before the preliminary results of the Magallanes Region, which show them as the list with the most votes. "We hope that there will be a greater number of Republicans present, but it is preliminary. It remains to be able to draw conclusions," said the leader, who in any case was "happy" about this scenario.

 

18:01

The closing of tables begins in Continental Chile After 6:00 p.m., the closing of tables begins in the rest of the country. Counting begins at some tables.

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CChC: More than 46,000 construction jobs were destroyed in the first quarter and investment would fall 5.9% in 2023.

Source: Emol

A difficult start to the year and a worrisome immediate future is what the Chilean Chamber of Construction (CChC) envisions for the sector, a union that presented its Macroeconomics and Construction report (MACh 64) on Thursday.

According to the document presented by the president of the CChC, Juan Armando Vicuña, it is estimated that in 2023 investment in construction will fall sharply by 5.9% in annual terms, mainly due to the significant contraction of investments in productive infrastructure, both from the private sector as well as from the autonomous state companies.

This, in turn, translates into less employment. In the first quarter of the year, more than 46,000 construction jobs were destroyed compared to the same period in 2022, with nearly 60,000 jobs still to be recovered to match the best record in the industry.

Worrying figures, in the eyes of Vicuña. "This situation motivates us to call for concrete measures to protect jobs and create new jobs, boosting investment and working hard to reduce bureaucracy, permits and respecting legal certainty. Now is the time to do it" .

However, it is not all negative news, and it is that from the union they highlighted a decline in the prices of materials and inputs used by the industry. Thus, during the first quarter, prices increased 5.9% per year, which compares favorably with the average increase of 25.1% per year registered last year.

On the other hand, investment in infrastructure is projected to fall 5.8% annually due to an increase of 1.3% in twelve months in investment in public infrastructure -although as of March the MOP's budgetary execution showed an annual decline of 36%. in amount executed-, in addition to a severe contraction of 13.3% in twelve months of investment in productive infrastructure.

On this last point, the Capital Goods Corporation points out in its most recent report that this year productive investment would be 34% less than in 2022, that private productive construction spending would contract 43% compared to last year and that spending in the public productive sector and autonomous state companies would fall 12%.

In housing, an annual fall in investment of 6.2% is projected. Investment in public housing would contract 4.4% in twelve months, while in private housing the decrease would be 6.6% annually.

 

For the year, it is estimated that about 25,000 homes will be sold in Santiago this year and up to 30,000 in 2024. In this way, and after the 29% decline in 2022, annual growth rates are expected between 22% and 17 % in 2023 and 2024.

Proposals to boost investment

Faced with this scenario, Vicuña proposed lines of action to promote investment, proposing the idea of a National Investment Promotion Policy that contemplates tax invariability pacts and long-term planning in terms of infrastructure and urban and territorial development, creating the institutional framework that make possible.

In addition, the union leader aimed to improve regulatory quality through the modernization of regulations that regulate the State-contractor relationship, application of measures proposed by the National Evaluation and Productivity Commission and strengthening of the legal certainty that investment projects need. .

Lastly, he put forward the need to guarantee public safety and to eradicate violence in its different expressions.

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