Employment & Labor

Employment Lawyer in Chile

Chilean labor law is protective of employees and unforgiving of paperwork errors — we keep foreign employers compliant and represent employees whose rights were ignored.

Book your consultation → What we handle

Chilean-licensed attorneys Updates in English Handled remotely

Overview

The rules that surprise foreign employers

Chilean labor law is written to protect the worker, and the burden of proof usually sits with the employer. Contracts must be in writing within a set period, dismissal requires a specific legal ground stated in a formal letter, and the severance calculation is not negotiable once the ground is chosen. Getting the letter wrong is often more expensive than the dismissal itself.

We advise foreign companies employing in Chile on doing it correctly from the first hire, and we represent employees — Chilean or foreign — whose termination, wages or working conditions did not comply with the Labor Code.

What we handle

Employment Law services in Chile

Each matter below is handled by Chilean-licensed attorneys and reported to you in English. If your situation is not listed, ask — it usually still fits one of these.

Hiring & Employment Contracts

Written contracts compliant with the Chilean Labor Code, working-time and remuneration structures, probation limits, confidentiality and non-compete clauses that are actually enforceable in Chile, and the rules for hiring foreign nationals.

Dismissals & Severance

Choosing the correct legal ground, drafting the termination letter, calculating severance and the final settlement (finiquito), and executing it before the Labor Inspectorate. Done properly, this is where most litigation is avoided.

Wrongful Dismissal Claims

Representation for employees dismissed without a valid ground or with a defective letter, including claims for reinstatement-equivalent compensation and the statutory increases the court can order.

Workplace Harassment — Ley Karin

Chile's Law 21.643 obliges employers to have an investigation procedure for harassment and workplace violence, with strict deadlines. We draft the protocol, train the team, and conduct or defend investigations.

Occupational Illness & Injury (Law 16.744)

Claims arising from work-related illness or accident, disputes with the administering insurer, and employer liability where preventive duties were breached.

Labor Compliance

A review of contracts, working hours, overtime records, health-and-safety obligations and internal regulations before the Labor Inspectorate does it for you — with a prioritized remediation plan.

From anywhere

How this works if you are not in Chile

Case assessment

You send us the documents you have. We tell you what applies, what it costs and what the realistic timeline is — before you commit to anything.

Power of attorney

Granted at a Chilean consulate or apostilled where you live. That single document lets us act for you in Chile without you traveling.

We act, you get updates

Filings and hearings are handled by our attorneys in Chile. You receive plain-English updates at every stage, not legal Spanish you have to decode.

FAQ

Employment Law in Chile — common questions

The questions English-speaking clients ask us most about this area.

Can a US company hire someone in Chile without a Chilean entity?

It is possible in limited arrangements, but employing a worker in Chile generally triggers Chilean labor law regardless of where the employer is incorporated, including social security contributions and the obligation to have a compliant written contract. Using a contractor agreement to avoid this is the single most common and most expensive mistake we see — Chilean courts look at the substance of the relationship, not its label.

What does it cost to dismiss an employee in Chile?

It depends entirely on the legal ground. Dismissal for business necessity requires notice or payment in lieu plus severance based on years of service, subject to statutory caps. Dismissal for employee misconduct requires no severance but must be proven if challenged — and if the court rejects the ground, the employer pays severance with a statutory surcharge on top. We model the exposure before you act.

I was fired in Chile. How long do I have to challenge it?

Short deadlines apply, and they run from the termination — not from when you decide to act. Waiting is the main reason otherwise strong claims fail. If you believe the ground stated in your letter was false or the letter itself was defective, get the documents reviewed immediately.

What is Ley Karin and does it apply to my company?

Law 21.643, in force since 2024, requires employers in Chile to prevent and investigate workplace harassment and violence, with a written protocol, defined reporting channels and mandatory deadlines once a complaint is received. It applies broadly to employers with staff in Chile, including subsidiaries of foreign companies. Not having a protocol is itself a breach.

Do you represent employers, employees, or both?

Both — but never on both sides of the same matter. Foreign employers come to us for compliant hiring and defensible terminations; employees come to us when a dismissal or a wage practice did not follow the Labor Code. We tell you at the first contact if a conflict prevents us from acting.

Need an employment lawyer in Chile you can actually talk to?

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →

WhatsApp+56 9 5217 5304

Emailhola@oklegal.cl

HoursMon–Sat 09:00–20:00