The Labor Code of Chile requires a notice period of 30 working days to an employee for dismissal due to business reasons. The notice must be in writing and clearly indicate the reason for dismissal. A copy is to be sent to the Labor Inspector. The notice period can be waived off by paying salary in lieu of notice.
Foreign employees in Chile are required to receive a residence permit (Residencia Temporal permit), subject to a contract that is valid for up to 2 years and can be extended once for the same period. The residence permit is issued by Servicio Nacional de Migraciones (SERMIG).To obtain this visa, the employee must attach an employment contract with the application. A request for permanent residency in Chile can be made after 2 years of holding this type of residence visa.
The temporary residence visa also allows holders to carry out any activity in Chile, with no limitations other than those established by law. It is issued for a maximum period of 2 years, at the end of which the foreign national must apply for permanent residence or leave the country. It can only be extended for up to 2 additional years. SERMIG can authorize tourists who have a valid permit to work in the country for a period of no more than 30 days, extendable for equal periods until the expiration of the visa.
Foreign nationals with a formal job offer (subject to approval) from a Chilean employer can also apply for a Residencia Temporal permit that is issued for a period of 90 days. After entering the country, they have to present an employment contract within 45 days, and the permit is extended to 1 year.
Under the law, in companies with more than 25 employees, 85% of the workforce must be Chilean citizens.
The Labor Code of Chile entitles employees to an annual leave of 15 working days with full salary after a full year of service with their employer. The leave time adds up to 21 consecutive days (including weekends) or a total of three weeks. Fixed-term employees who provide continuous services to the same employer by virtue of 2 or more contracts that exceed one year are also entitled to the same annual leave.
Effective June 1, 2027, senior-citizen employees may take their annual leave in advance, in proportion to the days accrued, starting in the seventh month after the commencement of services.
Employees with over 10 years of experience receive one extra day of annual leave for every 3 years of service beyond 10 years. The annual leave can be broken into segments, with 1 of the parts being at least 10 days. If an employee has 2 consecutive periods of vacation lined up, the employer must instruct the employee to take a minimum of 15 days off from work before the end of the year.
Per Chilean labor law, the standard workweek is 42 hours from April 26, 2026, and the ordinary workday cannot exceed 10 hours. This is a transitional period, and in 2028, the workweek will decrease to 40 hours. Employees working longer are eligible for overtime. The maximum weekly hours cannot be distributed in more than 6 or fewer than 4 days.
Overtime work can be required in extraordinary situations to avoid damage in the ordinary course of work, to prevent accidents, or to make urgent repairs to machinery.
Employees and employers are required to include the modalities of remote work in their employment contracts. All remote work contracts must be registered with the Labor Department within 15 days. Remote work is subject to the regulations related to general working hours.
The labor code of Chile entitles female employees to a maternity leave of 6 weeks before delivery and 12 weeks after delivery. The leave is extended, as prescribed by the doctor, in case of any complications during the pregnancy or childbirth. If the birth occurs before the 33rd week of gestation or if the birth weight is less than 1,500 grams, the leave after childbirth is extended to 18 weeks. For multiple births, the maternity leave is increased by 7 calendar days for each child born after the second one.
The benefits for this leave is paid by social insurance. To qualify for maternity benefits from social insurance or mandatory private insurance, employees must have at least 6 months of contributions, including at least 3 months of contributions in the last 6 months.
There is a maternal subsidy for women without a valid employment contract, paid by the Social Security Superintendence.
The minimum wage in Chile is adjusted annually. Effective May 1, 2026, the standard monthly minimum wage for employees between 18 and 65 is CLP 553,553 (Chilean pesos). The minimum wage for employees under 18 and over 65 is CLP 412,938. Part-time employees are due a proportional amount of the minimum wage based on their hours of work.
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