Remote Work & Telework Law in Chile

Remote work in Chile: what the law requires

Law 21.220, in force since 1 April 2020, added a chapter on remote work and telework to the Código del Trabajo. The law distinguishes between trabajo a distancia (work done wholly or partly from a place other than the employer's premises, such as the employee's home) and teletrabajo (work performed using technology or reported through it). Most remote jobs today fall into both categories, and the same set of rules applies.

The main point for foreign companies is territorial. When the employee lives and works in Chile, Chilean labor law applies, including social security contributions, a written contract with mandatory content and the protections described below. This is true even if the employer has no Chilean entity and the contract is governed by US law on paper. A contractor label does not change the outcome if the relationship is in substance an employment relationship. Our team often helps companies in this position set up properly, alongside the broader work on employment contracts and hiring.

What we handle

What the contract must say

The written contract or addendum must record that the parties agreed to remote work, and whether it is total or partial. It must also state the place or places of work (unless the employee may choose freely), whether the arrangement is for a fixed period or indefinite, how the employer will supervise the work, how working time is distributed or whether the employee is exempt from the hour limits, and the right to disconnect. The agreement must be registered with the Dirección del Trabajo within a short statutory period, and workers must receive information about health and safety risks and about their right to organize.

Agreements can be reversed. If remote work starts after the employment began, either party can return to the original arrangement with notice (30 days under the statute). If remote work was agreed from the start, a change requires the consent of both sides. Employers who tell a remote employee to come back to the office the next day without checking this are often surprised by the consequences.

Equipment, disconnection and safety

The employer must provide the equipment and tools for the job, or pay for them, and cannot require the employee to bear costs that are not reimbursed. Where the employee sets their own schedule or is exempt from the hour limits, the employer must guarantee at least twelve consecutive hours in every twenty-four during which the employee has no duty to answer messages or instructions. A manager who sends late-night requests with the expectation of an immediate reply is exposed to a claim.

Occupational safety obligations continue at home. The employer must inform the employee of the risks and the preventive measures, and the law sets rules for how the employer can inspect the home workspace, which requires the employee's consent. Further amendments give some workers with childcare duties additional rights to request remote work. Because this area has changed more than once, we check the current text before advising. Immigration status, tax residence and permanent-establishment questions for the foreign employer are separate topics, and we refer them to the right specialists.