78
75
Reasonable Access to
Decent Work
80
60
80
75
100
100
100
60
75
50
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §65(4) of the Constitution of Chile, 1980; §41-44 & 81 of the Labour Code 2002 |
| Does the law require regular payment of wages? | Yes | 1 | §41-45, 54-56 & 151 of the Labour Code 2002 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §32 of the Labour Code, 2002 |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §38 of the Labour Code 2002 |
| Does the law require additional compensation for night work? | No | 0 | §18 of the Labour Code 2002 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §22, 29-32 and 40bis of the Labour Code 2002 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | §22 and 31 of the Labour Code, 2002 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §35-38 of the Labour Code 2002 |
| 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 |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §67-73 of the Labour Code 2002 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §6-11 of the Labour Code 2002 |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §10bis, 19 & 159 of the Labour Code 2002 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §147 of the Labour Code 2002 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §160-162, and 489 of the Labour Code 2002 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | Yes | 1 | §160 & 163 of the Labour Code 2002 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | §197bis of the Labour Code 2002; Law No. 20545 of 2011 |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | §66,195 & 207 of the Labour Code 2002 |
| Does the law require flexible work arrangements for workers with family responsibilities? | Yes | 1 | §199bis and 376 of the Labour Code 2002 |
| 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) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §194 of the Labour Code 2002 |
| Does the law require paid maternity leave of at least 14 weeks? | Yes | 1 | §66, 195-197 of the Labour Code 2002 |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §195 & 198 of the Labour Code 2002; Decree Law No. 44 and DFL N ° 150, 1981; §31-32of Decree 163 of 1968 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §201 & 174 of the Labour Code 2002 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §67-68 of the Social Insurance against Occupational Accidents and Diseases; §53-54 of the Decree No. 594 |
| Does the law require the employer 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 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §34-41 of Social Insurance against Occupational Accidents and Diseases; ISSA Country Profile for Chile |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §37-39bis of the Decree 163 of 1968; ISSA Country Profile for Chile |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §40-46 of the Decree 163 of 1968; ISSA Country Profile for Chile |
| Does the law provide for unemployment benefit? | Yes | 1 | §94 & 177 of the Labour Code 2002; ISSA Country Profile for Chile |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §23-30 of the Decree 163 of 1968; ISSA Country Profile for Chile |
| Does the law provide for invalidity benefit? | Yes | 1 | §33-36 of the Decree 163 of 1968; ISSA Country Profile for Chile |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | §19(16) of the Constitution 1980; §62bis of the Labour Code 2002 |
| Does the law prohibit sexual harassment in employment? | No | 0 | §02, 160, 171 & 211(A-E) of the Labour Code 2002 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §211(J) of the Labour Code 2002 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Decree 163 of 1968; Decree Law No 3500 establishing New Social Security System; ISSA Country Profile for Chile |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §13 of the Labour Code, 2002 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §4, 25, & 27 of the General Education Law No. 20.370 of 2009 |
| Does the law prohibit the employment of children 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 |
| Does the law prohibit forced labour? | Yes | 1 | §19, Constitution, 2002; §2, Labour Code;, 2002 §411, Penal Code, 1875; Law 20.507, 2011 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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; Law No. 20.940 of 2016 |
| 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 |
| Does the law provide for the right to strike? | No | 0 | §19 of the Constitution of Chile, 1980; §345-354 of the Labour Code 2002 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §183-P & Q and 355-358 of the Labour Code 2002 |
