Articles

Authors: Ricardo Tisi, Bárbara Zlatar and Ignacia López In October 2020, a referendum was held in Chile leading to either the approval or rejection of a new draft Constitution. A Constitutional Convention was elected, composed of 155 persons expressly devoted to proposing a draft Constitution within the 1-year term that is set to expire on 4 July 2022. The […]

Authors: Ricardo Tisi and Bárbara Zlatar On 11 March 2022, Law No. 21,431 (the ‘Law’) was published in the Official Gazette, which incorporates into the Labour Code, new regulations applicable to employees performing services from digital platforms. The Law defines the concepts of a “digital platform company” and “digital platform employees”, accepting both dependent and independent categories of […]

The Chilean Supreme Court, on 23 November 2021, accepted a recourse seeking to reverse a ruling issued by the Second Labour Court of Santiago, which rejected a claim for unjustified dismissal and collection of benefits. The appeal for annulment filed by the employee was also rejected by the Court of Appeals. The recourse known as […]

On 1 October 2021, Law Number 21,327 came into force, which seeks to modernise the Labour Department and make the electronic registration of labour documentation mandatory for employers, including, among other incorporations, the declaration of the “Electronic Remunerations Book”. Chilean legislation establishes that all employees governed by the Labour Code with five or more employees […]

Joint and several liability under a subcontracting of services scheme requires the main company (or client) to respond for any labor and social security debts incurred by its contractors or subcontractors with their employees. This liability entitles the employee to be paid either by the direct employer or the client, indistinctly. To avoid such liability […]

On 22 September 2021, the Chamber of Deputies approved a Bill of Law (the ‘Bill’) to modify the profit-sharing legal benefit. The Bill must now continue its processing and discussion in the Senate. This initiative modifies the percentages of profits and amounts to be paid as legal bonuses to which employees are entitled to receive when […]

On 27 July 2021, the Chilean Labour Code was revised to recognise the legal validity of certain digital documents. The purpose of the reform is to update and simplify the signing of particular documents that require specific formalities in order to be enforceable. In this regard, the new rules state, among other things, that Termination […]

Over the last years, it has been discussed in Chile, how an employer can terminate an employment contract due to business grounds. Trust positions (i.e. managers or employees entitled to broadly act on behalf of the company) can be terminated without invoking business needs. A written eviction is enough. Regarding staff positions, employers are allowed […]

On 30 April 2021, Law No. 21.327 on “Modernisation of the Labour Department” (the ‘Law’) was published in the Official Gazette. Law No. 21.327 introduced the following changes: The obligation for employers to register the information contained in their labour contracts (including the circumstances of termination) via the Labour Department’s website, in order to allow […]

On 1 April 2021, the Labour Department, through rulings 1189/011 and 1190/012, provided companies with additional information to consider relating to the sanitary emergency due to COVID-19. On the one hand, ruling 1189/011 informed that it is entirely acceptable for employers to require their employees to take the PCR test, as a suitable mechanism for […]