Refusal of Medical Licenses: A danger to society and your workers

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The Coronavirus pandemic affecting the world and our country has changed people's lives in different ways. Above all, it has changed the way commerce and work life in Chile works. 

Currently, only companies of first necessity are working in person, but other sectors simply stopped their production, as happened in mining where complete tasks were stopped and they only work producing but with a reduced group of workers, using the modalities of distance work or teleworking. 

People who have been affected by COVID-19 either because they are positive or live with someone, or there was contact with an infected person, were placed in mandatory quarantine by authorities and medical personnel, who issue licenses. 

Nevertheless, more than 30% of medical licenses for COVID-19 were rejected by IsapresThis has generated controversy in the political and social spheres. Above all because such actions can cause this infected person to risk the others by going to work in the same way, causing an imminent and dangerous risk to the public health of all citizens. 

For this very reason, the Health Superintendent ordered Fonasa and IsapresThe Board of Directors of COVID-19, which refuses licenses or shortens the period defined by the physician who issued the license, will rectify this situation and approve all licenses that were and will be issued by COVID-19.

This rectification has a period of five working days from the order of the Health Superintendent, by which Fonasa and Isapres must contact via email all those who were refused a license issued by Coronavirus. 

These leaves mean that people, despite being in telework mode, should not continue to provide services to their employer. Something he told us Hans Von Marttensa corporate lawyer, founding partner of Ármate Asesorías, who said in relation to the Telework Act and licenses  "If someone has a medical license not for the fact of being at home has to continue providing services, but simply suspend the employment relationship, this is independent of whether or not the person moves to the premises of the company, if you have license should not provide services. 

In addition, Von Marttens commented that "it is not up to the employer to refuse or accept the leave, in short, the problem will be with the worker who will not be paid.

This logically puts the worker in a critical situation that can often lead them to make decisions that put their health and that of others at risk, because they need a constant income to maintain their homes.

However, with the new measure taken by the Superintendence of Health it is expected that no new licenses and those previously rejected will be approved and public health will not be put at risk. 

So if this is your case, we recommend you to be attentive and appeal to your nearest Compin to appeal the rejection of your license, which today the authorities force to be approved. #Stay at home