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Latin America Legal Update Q1 2022

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Confidential Report – NOT for Distribution | ©Crain Communications Inc. All rights reserved. 2 Latin America Legal Update | Q1 2022 Americas whether a subordinate and dependent relationship between the platform and the worker exists. The draft law assigns specific rights to each category, and some general protections applicable to both. For dependent platform workers, the new law grants the same rights available to other employed workers, but with some special features. One of them is an adapted definition of working time that starts from the moment the worker "connects to the digital infrastructure and until he or she voluntarily disconnects". The law also contemplates the option for workers to freely distribute their working time, as well as the possibility of choosing a remuneration system per unit of time or percentage of the tariff charged to users. In contrast, independent platform workers are provided with a "light version" of the protections granted to dependent workers. Some of the protections granted to independent workers are similar to those offered to dependent workers, such as the right to disconnect (for a minimum of 12 hours), an obligation of prior notice for contract termination (of 30 days), and norms relating to the protection of workers' fundamental rights. However, these are only available to those who, in the last 3 months, worked for the platform for at least 30 hours on average each week. The law also sets some general rules for all platform workers: • The obligation for the company to inform about the details of the services offered, such as the identity of the user or the location of the job. • Rules on transparency and the right to information, including protection of workers' personal data and of data portability rights. • Anti-discrimination rules for automated decision-making mechanisms. • Rules on training and personal protection elements to be provided by the platform • Rules on the calculation of severance pay, taking as a basis the average remuneration of the last year worked. • Rules on collective rights, including the right to form trade unions. The European Union and other countries are currently grappling with the best way to write legal protections into law for workers who may be exploited by platform operators, while maintaining the flexibility that many workers desire. The effectiveness of Chile's law will be watched closely. Colombia Workers right to disconnect On 6 January 2022 the Congress of the Republic enacted Law 2191, which provides a right for most employees to avoid any work-related contact outside their working hours, vacations or any other statutory/contractual leaves. The Law was effective as of the date of its enactment. There are certain exemptions from this right: i) employees who occupy trust or management positions; ii) employees who, by the nature of their role, must be permanently available; and iii) in unforeseeable circumstances or force majeure situations that make it necessary for the employee to provide their services in order to avoid severe damage to the employer, as long as there is no other viable alternative.

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