CHILEAN LABOR SYSTEM
Employers must have in place the following main policies:
- Right to equal compensations between men and women.
- Labor opportunities to disabled people.
- Sexual harassment.
- Labor harassment.
- UV Radiation protection.
- Hygiene and Safety conditions at the work place.
- Maximum height to be supported by employees.
Our legislation recognizes three categories of labor contracts: individual labor contracts, collective labor contracts, and special contracts.
(1) Individual Labor Contract
This is a written contract between an employer and an employee whereby they are bound, the employee to render personal services under ties of dependence and subordination to the former, whereas the employer to pay compensation for those services. Article 10 of the Labor Code states the minimum provisions that must be included in the individual labor contract, namely the date and place of the contract, the identity of the parties, the position of the employee and job description, the place of work, the remuneration to be paid by the employer, the terms of payment (at maximum 1-month intervals), workday, the duration of employment and the benefits in cash or in kind to be provided by the employer.
(2) Collective Labor Agreements
The collective labor contract is understood as “the convention celebrated between employers and employees with the purpose of establish common labor conditions, remunerations or other benefits in kind or money, for a fixed period of time”.
The Collective Contract must be agreed in writing and must be registered in the Labor Inspection within 5 days since its subscription, besides; it cannot have a term of less than two years or more than three years. Also, the law stipulates the minimum clauses to be included in these instruments. The Labor Code, also preview the possibility that the employer and one or more Unions freely negotiate a collective agreement, without being subject to a ruled legal proceeding, which is also considered a labor collective instrument.
(3) Special Contracts
Our law also considers the existence of special labor contracts. Each of these contracts have their own characteristics and specifications, e.g. the apprenticeship contract which is restricted to individuals under 21 years of age; farm employees’ contracts; contracts for employees on ships or at sea and temporary dock employees and contracts for domestic help.