Chile

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2022 Score

78

Score Increase

2020 Score

75

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

60

Employment
Security

80

Family
Responsibilities

75

Maternity
at Work

100

Safe
Work

100

Social
Security

100

Fair
Treatment

60

Child &
Forced Labour

75

Trade
Union

50

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?Yes1§65(4) of the Constitution of Chile, 1980; §41-44 & 81 of the Labour Code 2002
Does the law require regular payment of wages?Yes1§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?Yes1§32 of the Labour Code, 2002
Does the law require additional compensation for working on a weekly rest day?Yes1§38 of the Labour Code 2002
Does the law require additional compensation for night work?No0§18 of the Labour Code 2002

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§22, 29-32 and 40bis of the Labour Code 2002
Does the law restrict maximum working hours including overtime to 56 hours per week?No0§22 and 31 of the Labour Code, 2002
Does the law require a weekly rest of at least 24 hours?Yes1§35-38 of the Labour Code 2002
Does the law require paid public holidays?Yes1§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?No0§67-73 of the Labour Code 2002

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§6-11 of the Labour Code 2002
Does the law restrict the hiring of fixed-term contract workers?Yes1§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?No0§147 of the Labour Code 2002
Does the law require a 30-day notice before contract termination?Yes1§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?Yes1§160 & 163 of the Labour Code 2002

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0§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?Yes1§66,195 & 207 of the Labour Code 2002
Does the law require flexible work arrangements for workers with family responsibilities?Yes1§199bis and 376 of the Labour Code 2002
Does the law require paid nursing breaks?Yes1§203 and 206 of the Labour Code 2002; §2 and 3 of Law on Protection of Breastfeeding (No. 21155)

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§194 of the Labour Code 2002
Does the law require paid maternity leave of at least 14 weeks?Yes1§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?Yes1§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?Yes1§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?Yes1§201 & 174 of the Labour Code 2002

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§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?Yes1§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?Yes1§202 & 211-I of the Labour Code 2002
Does the law provide for employment injury benefit?Yes1§34-41 of Social Insurance against Occupational Accidents and Diseases; ISSA Country Profile for Chile

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§37-39bis of the Decree 163 of 1968; ISSA Country Profile for Chile
Does the law provide for a dependants'/survivors' pension?Yes1§40-46 of the Decree 163 of 1968; ISSA Country Profile for Chile
Does the law provide for unemployment benefit?Yes1§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?Yes1§23-30 of the Decree 163 of 1968; ISSA Country Profile for Chile
Does the law provide for invalidity benefit?Yes1§33-36 of the Decree 163 of 1968; ISSA Country Profile for Chile

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?No0§19(16) of the Constitution 1980; §62bis of the Labour Code 2002
Does the law prohibit sexual harassment in employment?No0§02, 160, 171 & 211(A-E) of the Labour Code 2002
Does the law prohibit discrimination in employment matters?Yes1§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?Yes1§211(J) of the Labour Code 2002
Does the law guarantee basic labour protections for gig economy workers?Yes1Decree 163 of 1968; Decree Law No 3500 establishing New Social Security System; ISSA Country Profile for Chile

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§13 of the Labour Code, 2002
Does the law set employment entry age equal to or higher than the compulsory schooling age?No0§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?Yes1§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?Yes1§19, Constitution, 2002; §2, Labour Code;, 2002 §411, Penal Code, 1875; Law 20.507, 2011

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§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?No0§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?No0§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?Yes1§183-P & Q and 355-358 of the Labour Code 2002