Suprema - Rol N° 25911-2023

Supreme Court finds no need for jurisprudence unification on public sector honorarios contracts; Hualaihué court rules such contracts valid, rejecting claims for labor relationship, dismissal, and benefits.

• The Supreme Court confirmed that a unified jurisprudence exists regarding the qualification of 'honorarios' contracts with public administration entities.
• An established criterion states that labor law applies when work under 'honorarios' contracts with the State de facto reveals elements of subordination and dependence, even if the contract specifies otherwise or the entity permits it.
• The Supreme Court declared inadmissible a request for jurisprudence unification, finding that an established legal criterion already addresses the issue of labor relationships disguised as 'honorarios' contracts.
• The plaintiff claimed a labor relationship existed under disguised 'honorarios' contracts with the Municipality of Hualaihué, seeking indemnities, 'Ley Bustos' sanction, and vacation pay. -...