Employer of Record in Chile

Guide to Hiring Employees in Chile

Your guide to hiring employees in Chile, covering the employment landscape, employer of record responsibilities, working customs, and local labor laws.

Hiring Employees In Chile
Employer Of Record In Chile

Capital City

Santiago

Currency

Chilean Peso

 (

$

)

Timezone

GMT -3

Payroll Frequency

monthly

Tax Year

1 January- 31 December

Employer Tax

4.24%

Languages

Spanish

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How to Hire Employees In Chile

Hiring in Chile for the first time can be overwhelming, especially when navigating unfamiliar employment laws.  Whether you hire independent contractors, set up a legal entity, or use an EOR service, understanding the local employment landscape is crucial for success.  Playroll’s comprehensive guide can help you get started if you're hiring locally or relocating a team member.

Companies can hire employees in Chile in the following three ways:

  • Setting up a local entity. Entity establishment reduces risk exposure and enables direct hiring, but can be costly and time-consuming – making it less practical for companies seeking quick and flexible solutions for hiring in Chile.
  • Partnering with an Employer Of Record. An EOR, like Playroll, is a third-party entity that serves as the legal employer of your international workforce which hires, pays, and manages compliance with Chile’s labor laws and tax regulations.
  • Hiring independent contractors. Hiring contractors gives companies a flexible, affordable alternative to hiring local employees, though it involves unique misclassification risks.

Good To Know

Chile's legal framework for employment, including distinct categories of labor agreements and mandatory written employment contracts, ensures clarity and compliance in the hiring process.

With a workforce of around 8.8 million people, Chile provides access to a considerable talent pool for international employers.

Despite its relatively small size, Chile boasts the fourth largest GDP in South America, indicating economic stability and growth opportunities.

Chileans are known for being friendly and hospitable, making it easier for foreign employers to integrate into the local business culture.

Employment and Labor Laws in Chile

Businesses can only operate smoothly in Chile if they comply with local labor laws including drafting compliant employment contract agreements and meeting taxation and payroll obligations. Learn more about the employment laws and regulations in Chile below, to avoid any compliance issues.

Employment Contract Requirements

When it comes to employment in Chile, there are three main types of agreements: individual contracts, collective contracts, and special contracts (like apprenticeships). Collective contracts set general employment terms, but the actual job relationship begins with an individual contract, which can be either permanent or temporary. As per Chilean Labor Code Article 10, the agreement needs to cover basics like:

  • Identification of both parties
  • Contract date and place
  • Job details
  • Pay terms

Onboarding Process

We can help you get a new employee started in Chile quickly, with a minimum onboarding time of just 1-2 working days. The timeline starts once the employee submits all required information onto the Playroll platform and completes any necessary local authority registrations. For non-nationals, the Right to Work assessment (if applicable) may add up to three extra days. Additional time may be needed for follow-ups on this assessment. Please note, payroll cut-off dates can impact the actual start date. Playroll's payroll cut-off date is the 10th of each month unless otherwise specified.

Working Hours in Chile

The standard maximum working hours per week are 44, reduced from 45 hours. The allocation of the reduction must be agreed upon by the parties.

Overtime in Chile

Employees can work up to two extra hours a day or ten extra hours a week. For this overtime, they get paid 50% more than their regular salary for that day. Parties may agree on up to 5 additional days off, instead of receiving a premium for overtime hours worked.

Probation Period in Chile

The labor laws don't set rules for how long an employee's probation period should be. An employee with a fixed contract may be considered as being on probation for the duration of the contract, to a maximum of 12 months.

Employer of Record in Chile

An Employer of Record (EOR) acts as the legal employer for workers in Chile, taking on key responsibilities to ensure compliance with local labor laws and regulations. The EOR facilitates the hiring process for businesses that want to employ workers without establishing a legal entity in the country.

The employer of record in Chile is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Chile's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Chile's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Chile's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by Chile's labor laws, such as health insurance, pension contributions, and statutory leave.
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Payroll Management in Chile

Fiscal Year in Chile

1 January- 31 December is the 12-month accounting period that businesses in Chile use for financial and tax reporting purposes.

Payroll Cycle in Chile

The payroll cycle in Chile is usually monthly, with employees being paid by the last day of the month.

Minimum Wage in Chile

The minimum wage for employees in Chile is typically 2,622.38 CLP per hour, amounting to ~500,000 CLP per month for a typical 44 hour work week.

Bonus Payments in Chile

Chilean labor law doesn't have specific provisions for 13th salaries.

Employment Taxes in Chile

Employer Tax Contributions

Employer payroll contributions are generally estimated at an additional 4.24% on top of the employee salary in Chile.

Tax TypeTax Rate
Unemployment2.40%
Disability and Survival Insurance (SIS)1.84%

Employee Payroll Tax Contributions

In Chile , the typical estimation for employee payroll contributions cost is around 17.6%.

Tax TypeTax Rate
Pension10.00%
Health Plan7.00%
Unemployment Insurance0.60%

Individual Income Tax Contributions

Individual income tax in Chile is calculated based on progressive rates ranging from 0% to 40%. The tax is applied to monthly income, and 1 Monthly Tax Unit is equivalent to approximately 65 901 CLP as of August 2024, but changes monthly.

Income BracketTax Rate
0 - 13.5 Monthly Tax Units0.00%
13.5 Monthly Tax Units - 30 Monthly Tax Units4.00%
30 Monthly Tax Units - 50 Monthly Tax Units8.00%
50 Monthly Tax Units - 70 Monthly Tax Units13.50%
70 Monthly Tax Units - 90 Monthly Tax Units23.00%
90 Monthly Tax Units - 120 Monthly Tax Units30.40%
120 Monthly Tax Units - 310 Monthly Tax Units35.00%
310 + Monthly Tax Units And above40.00%

Pension in Chile

Employees are required to contribute approximately 10% to their pension. Getting the old-age pension is a choice. To qualify, employees need to be 65 (for men) or 60 (for women) and be part of AFP (Administradoras de Fondos de Pensiones).

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Chile tailored to your needs.

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Work Permits & Visas in Chile

In Chile, work permits and visas are essential for employers hiring foreign workers. The process involves submitting applications to the Chilean Department of Immigration, paying applicable fees, and ensuring all eligibility criteria are met. The key visa types include the Subject to a Work Contract Visa, Temporary Residence Visa, Professional Visa, and Investor Visa. Employers must sponsor their international employees by providing a valid employment contract, proof of job necessity, and documentation of the employee’s qualifications. Compliance with Chilean labor regulations and timely renewals are crucial to avoid work authorization lapses or fines.

Annual Leave & Company Policies In Chile

Mandatory Leave Entitlement in Chile

The annual leave entitlement in Chile is 15 days for a full time worker. These can include public holidays on top of that or within those days, which would otherwise be unpaid.

Public Holidays In Chile

Public holidays that fall on the weekend are usually forfeited.

HolidayDate
New Years Day1 January
Good FridayApril, day changes yearly
Holy SaturdayApril, day changes yearly
Labor Day1 May
Naval Glories Day21 May
National Day of the Indigenous Peoples in Chile21 June
The Feast of Saints Peter and Paul27 June
The Feast of Our Lady of Mount Carmel16 July
Assumption of Mary15 August
Independence Day18 September
The Day of the Glories of the Army19 September
Day of the Races12 October
National Day of the Evangelical and Protestant Churches31 October
All Saints Day1 1 November
The Feast of the Immaculate Conception8 December
Christmas Day25 December

Paid Time Off in Chile

Employees with at least 1 year of service get 15 days of paid leave. After 10 years of employment for one or more employers, an employee will earn an additional day off for every 3 years of service with the current employer.

Maternity Leave In Chile

Female employees are entitled to a total of 18 weeks of maternity leave - Six weeks before the child is born, and 12 weeks after the birth. Women are entitled to an additional 12 weeks of leave after the compulsory maternity leave is completed. The social security system covers the wages of the employee, up to a prescribed legal cap.

Paternity Leave In Chile

Fathers are eligible for 5 days of paid paternity leave.

Sick Leave In Chile

If employees get sick, Social Security pays for sick leave starting from the 4th day off. If the illness lasts more than 10 days, they get benefits from the first day. A doctor's note must be provided within 2 days of starting sick leave.

Parental Leave In Chile

Women employees can take 10 days of leave for a child under 18. Although they are entitled to payment during this period, they need to compensate for the time off at a later date.

Bereavement Leave

Employee is entitled to 10 days of Bereavement leave for the death of a child and 7 days for the death of a spouse/civil partner.

Marriage Leave

Employee is entitled to 5 days of paid leave in the case of marriage.

Employment Termination and Severance Policies in Chile

Termination Process in Chile

To terminate an employee in Chile, a valid reason must be determined. According to the law, acceptable reasons for termination include:

  • Mutual agreement
  • Resignation
  • Breach of contract
  • Company needs or reorganization

Notice Period in Chile

According to the law, the notice period for termination is one month. However, it's common for the notice period to be skipped, and instead, payment is made in place of the notice.

Severance in Chile

If an employee has worked for at least one year, they are entitled to severance pay. For each year up to 11 years, they get one month's salary. After the first year, they earn an extra month of severance pay if they have worked for at least half of the following year

Disclaimer

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). Playroll does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect Playroll’s product delivery in any given jurisdiction. Playroll makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.

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ABOUT THE AUTHOR

Jesse Weisz

Jesse is an experienced R&D Analyst at Playroll, a leading Employer of Record (EOR) provider. With a strong background in data analysis and market research, Jesse specializes in identifying emerging trends and driving innovation in global HR solutions. She is an all-rounder, critical thinker and success-seeker (often inextricably linked to being a late-night tea drinker).

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FAQS

FAQs About Hiring In Chile

Questions and Answers

What Is an EOR in Chile?

An Employer of Record (EOR) in Chile is a third-party organization that legally employs workers on behalf of your company. The EOR handles all local employment tasks, including compliance with labor laws, payroll, taxes, benefits, and employment contracts. This allows businesses to easily hire talent in Chile without the need to set up a legal entity there, saving time and ensuring compliance with local regulations.

Can I Hire in Chile Without an Employer of Record?

Yes, you can hire in Chile without an Employer of Record, but this typically requires setting up a legal entity in the country. Establishing a local entity involves navigating registration processes, tax systems, and employment regulations. This can be costly and time-consuming, often taking between 4-6 months to enter a new market. An EOR provides an alternative by allowing you to hire talent quickly and compliantly without the need to establish a legal presence in Chile.

How Much Does It Cost To Employ Someone In Chile?

The cost of employing someone in Chile includes more than just their salary. You also need to consider mandatory contributions such as taxes, social security, insurance, and benefits. These additional costs can vary based on the role, location, and specific employment laws in Chile. When using an Employer of Record, there are additional service fees, usually charged as a percentage of the employee's salary or as a monthly or annual fee. This ensures compliance and covers administrative tasks.

What Is the Minimum Wage In Chile?

As of January 1, 2024, Chile's minimum wage rates are:

  • 2,622.38 CLP p/h CLP per month.
  • Applies nationwide across all sectors.
  • Adjustments typically occur annually.

How Does an EOR Help You Run Payroll In Chile?

An EOR simplifies payroll management in Chile by handling all aspects of salary payments, tax deductions, and compliance with local labor laws for your international employees. The EOR calculates gross pay, deducts necessary taxes and contributions, and ensures employees are paid accurately and on time. They also manage year-end tax reporting and compliance filings, reducing the administrative burden on your team and minimizing the risk of errors or penalties.

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