international employment law firm alliance L&E Global
Chile

Chile: 2025, Looking Ahead: Our Vision for Employers

2024 was very hectic and intense in terms of defining new rules governing labour and employment in Chile.

In fact, several laws and legislations came into effect, introducing changes into the labour landscape in Chile. In January 2024, the “Law of Conciliation of Personal, Family and Work Life”; in April, the first workweek hour reduction provided by the “40 Hours Law” came into force; lastly, in August, the “Karin Law.”

Considering all the activity employment-wise this past year, we see that 2025 should carry lesser legal novelties, since last year’s changes are still in their implementation phase. Also, this is an election year in the country, which usually slows the legislative discussion and approval of new laws in Congress.

However, there are some foreseen changes to be applicable this year, mainly related to occupational risks for a safe and healthy work environment and transparency laws that modify sanctions to employers for violations of fundamental rights and anti-union practices.

Moreover, there are some other bills which can open a relevant discussion worth to be followed.

Thus, our vision of the trends that may mark the 2025 labour agenda are.

1. Decree 44 of the Ministry of Labour and Social Security

This decree updates the regulations on the protective management of occupational risks by introducing a proactive preventive approach, requiring employers to eliminate or control risks at their charge.

To this end, tools such as risk matrix, preventive work programs, and management plans must be implemented.

In addition, the importance of informing, educating, and training employees in occupational safety and health is emphasized, ensuring that all levels of the organization are aware of the risks and preventive measures.

Another relevant aspect is that occupational risk management must be handled with a gender perspective. This means that it should be recognized that people may be exposed differently to occupational risks depending on their gender and provide that preventive measures must be adequate to manage these differences.

Employee participation in the preventive management of occupational risks is also one of the innovations of the decree.

In practical terms, it increases the employer’s responsibilities regarding its protection duty and involves the management and updating of its internal regulations.

It is worth noticing that the decree comes into effect in February 2025.

2. Law No. 21,364

This law changes several rules applicable to contracts with government agencies, government-owned companies and companies created by law.

From a labour standpoint, this law incorporates that should a group of companies be declared as a single employer (economic unit) by a final and enforceable ruling and one of them is sentenced for anti-union practices and/or infringement of the fundamental rights of its employees will be applicable to all the companies which will be banned from contracting with government agencies, Government owned companies and companies created by law, for up to a 2-year period (previously it was fixed at 2 years).

It is very important to point out that this sanction must be expressly requested by the plaintiff.

For determining the duration of the prohibition, the judge must especially consider (i) the violated fundamental right, (ii) the magnitude of the infringement in consideration of the third parties affected, the repetition of the conduct, if any, (iii) the public interest affected, and (iv) the proportionality of the probable economic effect that its application would have in consideration of the conduct denounced, both with respect to the person who has been directly disqualified and to all those to whom the prohibition is extended. However, in cases in which the sanction may cause serious social and economic consequences or serious damage to the community, or be detrimental to the Government, the court may not apply this new rule (previously, the judge was forced to apply the ban regardless).

It is worth noticing that this regulation came into effect 12 December 2024.

3. Bills on labour matters that discussion could advance in the national congress

  • Bill on the regulation of working hours in commerce and modification of regulations related to holidays in Chile (no. 17187-13)

This aims to reduce the working hours of commerce employees by providing their daily schedule cannot surpass (i) 8:00 p.m. from Monday to Saturday between November and April and 5:00 p.m. on Sundays and holidays; (ii) 7:00 p.m. from Monday to Saturday between May and October of each year, and 5:00 p.m. on Sundays and holidays.

For certain holidays, it also seeks to define ex- tended working hours, even considering the transportation of employees in some cases.

It also widens the eligible employees for election holidays.

 

  • Bill on obligation of contractors or subcon- tractors to inform the main company about the amount and status of compliance with its obligations (no. 16615-13)

Seeks to impose contractors or subcontractors a duty to evidence their respective contracting companies, the compliance and timely payments of any obligations contracted other companies (small and medium business) that are essential for the execution of the project or the rendering of the contracted services.

Failure to comply enable the client to terminate the contract and enables it to retain what is owed to the contractor or subcontractor up to the amount owed to the micro, small or medium-si- zed enterprise, and must pay such amount by subrogation.

 

  • Bill on increasing parental postnatal leave (no. 17049-13)

Its purpose is to extend the postnatal leave for fathers from 5 to 30 days in total, 10 of which must be used continuously after birth and the other 20 may be distributed during the child’s first year.

It also seeks to modify the payment of the subsidy of the mother by receiving 100% of the maternity leave subsidy for the first 28 weeks, gradually decreasing by milestones in the following weeks. Finally, it provides that mothers may transfer the last 24 weeks of maternity leave to the father, use it themselves or return to work.

 

  • Bill that creates a new system for the qualification of occupational diseases and amends the laws indicated therein (no. 17237-13)

One of the main objectives of the bill is to improve the occupational diseases qualification system.

This looks to create a new technical system that separates the duties of the administrative agencies (which currently serves as judge and party). For this purpose, it seeks to create a special commission, under the supervision of the Superintendence of Social Security.

4. Implementation of the Karin Law and the Labour Inclusion Law

In 2024, Karin Law (hat regulates the prevention, investigation and sanction of sexual and labour harassment and violence at work) and some modifications regarding labour inclusion of people with disabilities came into effect. These incorporated some new duties to employees.

During 2025, employers must endeavour to be up to date in complying with their provisions.

As for Karin Law – in addition to being up to date with the company’s internal regulations – employers are required to inform their employees every 6 months (i) the company’s available whistleblower or complaint channels for receiving complaints, and (ii) all Government or judiciary proceedings existing to report any non-compliance with either labour law or social security benefits access.

As for the Labour Inclusion Law, the minimum legal hiring quota for employees with disabilities, which is 1% of the overall headcount, will increase to 2%. This is still only applicable to employers with more than 100 employees.

The date that this percentage increase comes into effect is subject to a report to be issued by a technical authority.

Any questions

Ask our member firm Cariola Díez Pérez-Cotapos in Chile