In Chile, a robust legal framework is in place to safeguard workers’ rights and ensure fair treatment in the workplace. Employers are required to adhere to laws that protect employees from discrimination, harassment, and unfair treatment, fostering a safe and equitable working environment.
This section provides an overview of key employee protections in Chile, including anti-discrimination laws, measures against workplace harassment, and regulations ensuring pay equity. We’ll also cover protections for whistleblowers and data security requirements for employers. Understanding these protections is essential for employers to maintain compliance and for employees to be aware of their rights.
Whistleblowers play a crucial role in society by calling out wrongdoing or crimes witnessed in the workplace. For this reason, many countries have special laws to enable whistleblowers to come forward with information and protect them from retaliation. Read on to learn what you need to know about whistleblowing in Chile.
Chile’s main whistleblowing law is Law No. 21.592, which was enacted in August 2023. It covers employees in public sector organisations, as well as private organisations that receive public funds or are majority state-owned. The law establishes a central electronic reporting platform and protection mechanisms for whistleblowers. It was introduced to build on existing laws, which already offered some protections for public-sector whistleblowers.
Chile also introduced Law No. 20.205 (2007) to protect public sector whistleblowers, which formed the basis for the 2023 statute. Private companies are encouraged to implement internal reporting channels as part of an effective compliance programme, although this is not yet a legal obligation. However, employers with 10 or more employees must codify internal mechanisms within their internal rules (Reglamento Interno), which must be published and filed with authorities.
Retaliation following a protected disclosure in Chile is treated as an infringement of constitutional and employment rights. Employees who have experienced retaliation can file claims with the Labour Court through a special procedure called a ‘Procedimiento de Tutela’ (Protection Procedure).
If the employee was dismissed due to their reporting activity, the court can invalidate the unlawful termination and award additional compensation equal to 6–11 months’ salary, plus severance pay. The employer may also be prohibited from contracting with the state for up to two years.
Employees in Chile have the right to privacy and employers must ensure that any data processed on employees is kept safe, secure, and confidential. Read on to learn more about Chile’s data protection laws and how they impact employers.
Chile’s longest-standing data protection law is Law No. 19.628, which was established in 1999 to regulate the processing of personal and sensitive data. As of 1 December 2026, this law will be supplemented by Law No. 21.719 (2024), Chile’s new Personal Data Protection Law. This law establishes a Data Protection Agency and tightens obligations for employers. Its aim is to bring Chile’s data protection regulations in line with international standards such as those set by the European General Data Protection Regulation (GDPR).
To ensure compliance with Chile’s data protection laws, employers should:
Monitoring employees while at work is permitted in Chile but is limited under Law No. 19.628 on the Protection of Private Life. To use surveillance techniques such as time tracking or screen monitoring, employers must have either legal authorisation or informed, written consent from employees. Sharing monitoring policies in your employee handbook or onboarding documents is also good practice.
Employers that require extra staffing on a short-term basis can hire team members through a temporary work agency. There are specific rules regulating the use and treatment of these workers in Chile.
In Chile, work through temporary employment agencies is regulated under Law No. 20.123 (2007), often referred to as the Subcontracting Law. This law governs labour provided via agencies or subcontractors, and establishes a triangular employment relationship between the worker, the agency or subcontractor, and the user company (principal).
Under this law, the agency formally employs the worker, but the worker is assigned to perform services for the principal company. The agency handles payroll and employment obligations, while the principal directs the workers’ day-to-day tasks.
Law No. 20.123 requires user companies to ensure that agency workers receive working conditions equivalent to those of permanent employees performing the same role. This includes pay, benefits, working hours, leave entitlements, and safety conditions.
Temporary agency workers in Chile benefit from several legal protections under Law No. 20.123. If the agency fails to meet its labour or social security obligations, the user company may be held secondarily responsible. This concept, known as subsidiary liability, means that the principal company can be required to fulfil these obligations if the agency does not comply.
To help enforce this, user companies have the right to monitor the agency’s compliance. They can request documentation to verify that the agency is fulfilling its legal duties and may even withhold payment until the agency provides sufficient evidence.
Importantly, temporary agency workers are entitled to all the statutory protections granted to employees under Chilean labour law. This includes minimum wage, social security coverage, paid leave, and occupational health and safety protections. These rights apply regardless of whether the worker is employed directly or through an agency.
Chile’s legal framework upholds the principle of equality in the workplace, ensuring that all employees are treated fairly and without bias. This commitment is reflected in comprehensive laws that prohibit discrimination and mandate protections against various forms of harassment.
Under Chilean labour law, employers may not treat employees differently on the basis of characteristics like their race, age, gender, or political ideology. This right is guaranteed by the Labour Code as well as other anti-discrimination laws. Distinctions, exclusions, or preferences based on qualifications are not treated as discriminatory in Chile.
The Chilean Labour Code specifically prohibits discrimination on the basis of various characteristics, including:
Other laws prohibit other forms of discrimination, such as discrimination on the basis of HIV/AIDS. A separate law amending the Labour Code (No. 21.155) extends protections to include maternity, breastfeeding, and pumping.
Chile has established legal measures to protect employees from harassment in the workplace. Employers are required to implement internal regulations that prohibit sexual harassment and other forms of workplace harassment. These regulations must include procedures for reporting and investigating complaints, as well as sanctions for those found guilty of harassment.
In 2024, Law No. 21.643, known as the ‘Karin Law’, came into effect, enhancing protections against workplace harassment and violence. This law requires employers to adopt protocols for preventing harassment and violence, investigate complaints promptly, and protect the rights of victims. It also mandates that investigations be conducted impartially and confidentially, with respect for the dignity of all parties involved.
Chile’s commitment to pay equity is enshrined in Law No. 20.348, known as the Equal Pay Law, which was enacted in 2009. This legislation mandates that employers provide equal remuneration for men and women performing the same work or work of equal value.
Discriminatory pay differences based on gender are prohibited unless justified by objective factors such as individual capabilities, qualifications, responsibility, or productivity. Employers are also required to include provisions related to equal pay in their internal regulations and establish complaint channels for employees.
In 2024, Chile introduced amendments to strengthen gender equality in the workplace. These changes include more rigorous reporting requirements on gender pay gaps and diversity initiatives, aiming to enhance transparency and accountability.
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Chile. Get it wrong, and you could face legal action and damage to your reputation.
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