Legal nature of the special compensation contemplated in the Chilean Labor Code due to a violation of constitutional rights of the employees

Abstract

This paper analyses a judgment by the Court of Appeals of San Miguel that grants moral damage compensation to an employee even though the parties argue in this particular case if the protection of fundamental rights derives from a current work relationship or a terminated one. The decision affirms that moral damage compensation stems from a legal remedy established in the Chilean Labor Code, article number 489.   This commentary of jurisprudence first identifies the reasoning and grounds of the decision, particularly about moral damage compensation in this kind of labor procedure, and then inquires into the legal nature of this remedy.   As a result, the review intents to clarify if the moral damage compensation can be granted within a protection of fundamental rights action, separated from the special compensation established in the Labor Code, Article 489; or, on the contrary, is included in the latter.