82.5
78
75
Approaching Access to Decent Work
80
80
80
75
100
100
100
60
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §65(4) of the Constitution of Chile, 1980; §41-44 & 81 of the Labour Code 2002 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §41-45, 54-56 & 151 of the Labour Code 2002 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §32 of the Labour Code, 2002 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §38 of the Labour Code 2002 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §18 of the Labour Code 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §22, 29-32 and 40bis of the Labour Code 2002 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §22 and 31 of the Labour Code, 2002 | Score improved due to a legislative reform |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §35-38 of the Labour Code 2002 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §35 of the Labour Code 2002; Law No. 2,977; Law No. 3,810; Law No. 18,432; Law No. 19,790; Law No. 19,668 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §67-73 of the Labour Code 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §6-11 of the Labour Code 2002 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §10bis, 19 & 159 of the Labour Code 2002 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §147 of the Labour Code 2002 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §160-162, and 489 of the Labour Code 2002 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §160 & 163 of the Labour Code 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | §197bis of the Labour Code 2002; Law No. 20545 of 2011 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §66,195 & 207 of the Labour Code 2002 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §27, 199bis and 376 of the Labour Code 2002 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §203 and 206 of the Labour Code 2002; §2 and 3 of Law on Protection of Breastfeeding (No. 21155) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §194 of the Labour Code 2002 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §66, 195-197 of the Labour Code 2002 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §195 & 198 of the Labour Code 2002; Decree Law No. 44 and DFL N ° 150, 1981; §31-32of Decree 163 of 1968 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §195 & 198 of the Labour Code 2002; Decree Law No. 44 and DFL N ° 150, 1981; §31-32of Decree 163 of 1968 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §201 & 174 of the Labour Code 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §67-68 of the Social Insurance against Occupational Accidents and Diseases; §53-54 of the Decree No. 594 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §184 of the Labour Code 2002; §66-68 of the Social Insurance against Occupational Accidents and Diseases; §48 & 110 of the Decree No. 594 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §202 & 211-I of the Labour Code 2002 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §34-41 of Social Insurance against Occupational Accidents and Diseases; ISSA Country Profile for Chile | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §37-39bis of the Decree 163 of 1968; ISSA Country Profile for Chile | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §40-46 of the Decree 163 of 1968; ISSA Country Profile for Chile | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §94 & 177 of the Labour Code 2002; ISSA Country Profile for Chile | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §23-30 of the Decree 163 of 1968; ISSA Country Profile for Chile | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §33-36 of the Decree 163 of 1968; ISSA Country Profile for Chile | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §19(16) of the Constitution 1980; §62bis of the Labour Code 2002 | No Change |
| Does the law prohibit sexual harassment in employment? | No | 0 | §02, 160, 171 & 211(A-E) of the Labour Code 2002 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §19 of the Constitution 1980; §02 & 194 of the Labour Code 2002; Law No.20.422 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §211(J) of the Labour Code 2002 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Decree 163 of 1968; Decree Law No 3500 establishing New Social Security System; ISSA Country Profile for Chile | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §13 of the Labour Code, 2002 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §4, 25, & 27 of the General Education Law No. 20.370 of 2009; §13-14 of the Labour Code, 2002 | Score adjusted because of availability of a legal source |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §13–18 of the Labour Code, 2002; §1 of Law No. 20.539 of 2011; §3 of Supreme Decree 2, 2017 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §19, Constitution, 2002; §2, Labour Code, 2002; §411, Penal Code, 1875; Law 20.507, 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §19(19), Constitution of Chile 1980; §212-222 & 227, Labour Code 2002; CEACR, C87, DR 2023; ITUC Global Rights Index 2024 (Chile Profile) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §19 of the Constitution of Chile, 1980; §303-344 of the Labour Code 2002; Law No. 20.940 of 2016; CEACR, C98, Obs. 2023; USDOS CRHRP 2023 (Chile) | No Change |
| Does the law provide the right to strike? | No | 0 | §19 of the Constitution of Chile, 1980; §345-354 of the Labour Code 2002; CEACR, C87, DR 2023; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Chile Profile); USDOS CRHRP 2023 (Chile) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §183-P & Q and 355-358 of the Labour Code 2002; USDOS CRHRP 2023 (Chile); CEACR, C87, Obs. 2023 | No Change |