Chile: Supreme Court accepts request for exequatur issued by French Labour Court Labour

In Ruling ROL No. 72,139-20 dictated by the Supreme Court on 7 December 2020, the highest Chilean court accepted a request for exequatur (authorisation of compliance) to enforce in Chile, a sentence issued by a labour court in France.

This claim was raised by a French citizen who worked for a non-profit organisation with representation and legal domicile in Chile. Thus, the latter was ordered to pay damages and interests for the concept of nullity of dismissal, compensation for dismissal, compensation for damages and interests for moral damages, reimbursement of moving and travel expenses, and the costs of the case.

This ruling has special relevance since the requested party alleged the rejection of the exequatur, on the grounds that the foreign ruling would be contrary to Chilean law, since there was not, strictly, a dismissal, but rather a resignation, and furthermore, it was agreed in the labour contract that the parties would be subject to French law but, at the same time, they agreed to abide by Chilean public order regulations.

For more information on these articles or any other issues involving labour and employment matters in Chile, please contact Ricardo Tisi (Partner) of Cariola Díez Pérez-Cotapos at rtisi@cariola.cl or visit www.cariola.cl