Opening A Business In Chile

• Published date: 19 June 2023
• Subject Matter: Corporate/Commercial Law, Employment and HR, Venture Capital, Corporate and Company Law, Contracts and Commercial Law, Discrimination, Disability & Sexual Harassment, Employee Benefits & Compensation, Employee Rights/ Labour Relations, Diversity, Equity & Inclusion
• Law Firm: L&E Global
• Author: Cariola Díez Pérez-Cotapos and Ignacia López (Cariola Díez Pérez-Cotapos)

1. INTRODUCTION

From a labour perspective, Chile offers a semi-flexible labour relationship system. Although employment contracts must comply with minimum regulations in relation to working hours, remuneration, among others, there are various forms of contracting that allow the labour relationship to be adapted to the economic sector in question. Likewise, our labour legislation tends to labour stability, so terminating an employment agreement must comply with the causes stablished by law, and in some cases, entail a year per service severance. Our labour legislation is protective of the fundamental rights of workers, such as life, health and integrity, private life, freedom of work and freedom of association, recognising and regulating labour union activity and collective bargaining processes. In accordance with an abundant labour legislation, we have a specialised labour justice system for these matters.

Cariola Díez Pérez-Cotapos is a full-service law firm with vast experience, both locally and internationally, and one of the leading law firms in Chile. We deliver value to our clients, with serious proposals and accurate and prompt responses in all the areas that are important when doing business in Chile. At Cariola Díez Pérez-Cotapos we have built a culture of teamwork, always seeking to consolidate teams of excellence, formed by specialist lawyers, committed at the highest level to offer creative, realistic and efficient solutions, always ensuring the best interest of our clients. We are convinced that our most important assets are people, our lawyers and our clients. We promote meritocracy and non-discrimination.

Regarding our labour and immigration practice, we advise companies from various economic sectors with presence in different regions of the country, both national and international, in matters of individual and collective labour law, focusing on the reality of their organisation and sector, to deliver a legal solution tailored to their needs, contributing to the construction of their strategy. Our lawyers are specialised in labour, social security, and immigration law with experience from different fields, which allows us to deliver solutions with a systemic approach. Our services can be advice on the day-to-day of the company, including collective bargaining processes advice in restructurings, before complex conflicts, and the legal defence of the employer. Periodically, we give lectures and seminars to clients to train their people management areas and we send labour alerts to our clients to keep them updated on new legal regulations, rulings of the Labour Department and relevant judicial jurisprudence.

2. LABOUR AND EMPLOYMENT LAW REQUIREMENTS

a) Employer Policy Requirements

According to our labour legislation, employers must have in place the following main policies:

• Internal Regulation of Order, Hygiene and Safety: this policy must stablish the general duties and restrictions for the employees, as well as the order, hygiene and safety measures that must be complied, as well as the proceeding in case of an occupational illness or accident.
• Right to equal compensations between men and women: the Employer must comply with this principle and employees can claim to the administration of the company, which must investigate and respond within 30 days.
• Labour inclusion for disabled people: Employers that...