The Second Labor Court of Santiago has declared the dismissal of Chilolac employee Roberto Gaete Álvarez null and void, following evidence of serious misconduct by the employer. The ruling mandates that the company pay compensation exceeding 30 million pesos.
The verdict follows a constructive dismissal lawsuit filed by Gaete Álvarez. According to reports from biobiochile.cl, the court determined that the company breached the employment contract by unilaterally altering the commission system, which resulted in a direct reduction in the sales executive's income.
Gaete Álvarez worked for the company from 2014 until May 2025. During the legal proceedings, it was proven that since November 2024, the company had altered agreed-upon terms without reaching an agreement with the employee, impacting his earnings despite sales levels remaining relatively stable.
Unpaid social security contributions
In addition to the salary alterations, the court identified irregularities regarding the payment of social security contributions. The presiding judge concluded that these actions constitute a serious breach of duty by the employer and undermine the fundamental nature of the employment relationship.
The judicial ruling requires not only the compensation for the dismissal but also the payment of all outstanding monthly wages until the company regularizes its social security contributions, in accordance with the provisions of the 'Ley Bustos' (Bustos Law).
Chilolac retains the right to appeal this ruling before higher courts.