The Labor Directorate establishes that these types of “extracurricular” activities must also be considered within the scope of the employer’s duty of care.
On March 12, 2026, the Labor Directorate (DT) issued Circular No. 214, which, among other matters, addresses activities organized outside of working hours but in a primarily work-related context where alcohol is consumed, and how the employer’s duty of care applies in such situations.
The ruling was issued in response to a request made by a teacher, who, in the relevant section, states that her employment contract includes an obligation to attend extracurricular activities known as “third periods,” which take place at the employer’s residence and involve alcohol consumption.
In turn, the employer, in its defense, indicated that the “third periods” are social activities, included in the employment contract, of voluntary attendance, at the employer’s residence, outside of working hours, and that alcohol consumption is at the discretion of each attendee.
The employer also states that these meetings addressed matters pertaining to the internal operations of the institution and the coordination of teaching work.
In this context, the agency, taking into account that the employment contract expressly states that the employee “agrees and undertakes to attend scheduled social gatherings known as ‘third periods,’” as well as the fact that the employer acknowledges that essentially work-related matters were discussed at these gatherings, states that:
- An activity organized by the employer, in which there is the possibility of consuming alcohol, is not unlawful, nor is it prohibited by labor law, nor is it a priori incompatible with the employer’s duty of care (Article 184 of the Labor Code).
- This does not preclude the employer, at an event under such conditions, from fulfilling its duty of protection by adopting the necessary measures to effectively protect the life and health of the workers participating in such activities.
- Compliance with this duty of safety involves including these activities within the Internal Regulations on Order, Hygiene, and Safety, particularly when drafting the protocol for the prevention of sexual harassment, workplace harassment, and violence in the workplace.
Thus, the Labor Directorate establishes that this type of “extracurricular” activity must also be considered within the scope of the employer’s protection, with the obligations and responsibilities that this entails.
For more information on these issues, please contact our Labor Group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Director Labor Group | jaros@az.cl
Felipe Neira | Senior Associate | fneira@az.cl
Palmira Valdivia | Associate | pvaldivia@az.cl
Manuel Sepúlveda | Associate | msepulveda@az.cl
Catalina Díaz | Associate | cdiazp@az.cl
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