Hiring & Employment Contracts in Chile
Chilean labor law starts applying the moment someone works for you here — whatever the contract is called and wherever your company is incorporated.
What this involves
The Chilean Labor Code requires a written contract within a short period of the employee starting, and the absence of one is presumed against the employer — the worker's account of the terms is taken as correct until proven otherwise. That single rule explains a large share of the disputes we see involving foreign companies.
The second recurring problem is the contractor label. Chilean courts assess the substance of the relationship — subordination, schedule, dependence, exclusivity — not the title on the document. When a long-standing contractor is recharacterized as an employee, the employer owes back social security contributions, benefits and severance, usually with penalties.
What we handle
Employment contracts
Contracts compliant with the Labor Code: remuneration structure, working time, place of work, duration, and the clauses specific to remote or hybrid arrangements.
Contractor vs employee analysis
An honest assessment of whether your contractor arrangements would survive scrutiny, and how to restructure the ones that would not.
Hiring foreign nationals
The work-authorization requirements and the statutory limits on the proportion of foreign employees, which catch out companies staffing a new Chilean office.
Confidentiality and non-compete
Clauses drafted to be enforceable in Chile, where post-employment restrictions are treated far more restrictively than in the United States.
Internal regulations and policies
The Reglamento Interno and the workplace policies that become mandatory once you pass certain headcount thresholds.
How we run this for a client abroad
Assessment first
You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.
Power of attorney
Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.
We file, you get updates
Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.
Hiring & Employment Contracts — common questions
What English-speaking clients ask us most about this specific service.
Can we hire in Chile without a Chilean entity?
Are non-compete clauses enforceable in Chile?
Is there a probation period?
What has to be in a Chilean employment contract?
Talk to a Chilean lawyer about hiring in Chile
Get an initial assessment in English — confidential, with no obligation.
Book your consultation now →