Using an employer of record in Chile
Learn how to use an Employer of Record in Chile. Payoneer WFM’s EOR Chile services simplify compliance, payroll, onboarding, and more.
Most global companies prefer recruiting Chilean talent and expanding their business into the country owing to a stable economy, skilled workforce, and business-friendly environment. However, hiring and paying employees in Chile can be complicated.
To avoid falling foul of local labor laws, you need to understand and fulfill your obligations as an employer.
Using a Chile Employer of Record (EOR), like Payoneer Workforce Management (WFM), keeps things simple.
Find out more about how Payoneer WFM can help your business.
Continue reading to learn what an EOR in Chile does.
How to hire employees in Chile
There are three primary ways to hire employees in Chile:
- Setting up a local entity: Expensive and time-consuming, this is a good option if you want to establish a long-term local presence in Chile.
- Hiring independent contractors: This is a flexible way to enlist Chilean talent. However, you need to be confident that youโre not misclassifying employees as contractors, as this incurs fines and penalties.
- Hiring via a Chile employer of record: A fast and cost-effective way to hire employees in Chile, this option allows you to meet your legal obligations as an employer without setting up a local entity.
Partnering with an employer of record in Chile
An employer of record company in Chile hires local talent on your behalf, so you donโt have to set up registered offices or incorporate a business in the country.
An EOR in Chile helps navigate employment legalities, payroll, taxes, benefits, and compliance, allowing you to focus on welcoming and managing your new team members.
A Chile employer of record company, like Payoneer WFM, helps you hire local talent cost-effectively and without the administrative burden.
How to onboard employees in Chile
Onboarding is a key part of welcoming new employees to the team. They should have all the tools they need to complete their tasks and feel supported from day one.
When onboarding a new employee in Chile, you need to:
- Register the employment contract with the Direcciรณn del Trabajo
- Enroll the employee in payroll, social security, and other benefits
- Make introductions to the team and colleagues
- Set up all the devices and workplace software theyโll be using
- Set expectations and objectives
- Assign an onboarding buddy or other onboarding support
Let your employer of record in Chile handle compliance, and you can focus on welcoming your new employee into the team.
Pay employees in Chile
Fiscal year
The fiscal year in Chile runs from January 1st to December 31st. Wages must be paid at the intervals stipulated in the employment contract, but agreed periods must not exceed 1 month.
Bonus payments
The government mandates a bonus program known as Gratificaciรณn Legal (or Legal Gratification). According to this system, employers have to share profits with every employee.
The bonus comprises 25% of the employeeโs base salary but cannot be more than 4.75 times the Chilean minimum wage.
To cover this bonus, most employers adjust the base salary they offer to employees, paying the Legal Gratification monthly.
Many employers also give employees a 13th-month payment, equivalent to a monthโs salary. This bonus, known as Aguinaldo, is often paid in two installments; one in September, around the Independence Day holiday, and one in December.
Taxes
When paying employees in Chile, employers have to withhold the following:
- Income tax: Payments are adjusted based on the tax bands and thresholds stipulated by the Unidad de Fomento (UF).
- Social security contributions: Workers contribute to a pension fund, along with health, life, and unemployment insurance plans.
Payroll can be complicated for organizations unfamiliar with Chilean labor laws. Using an employer of record in Chile is one of the easiest ways to pay employees and stay compliant.
Employment laws in Chile
When hiring employees in Chile, an employer has to follow the labor laws laid out in the Cรณdigo del Trabajo. This includes legislation on:
- Working hours: Employees shouldnโt work more than 40 hours per week on average over 4 weeks. The regular workday shouldnโt exceed 10 hours per day.
- Overtime: As long as the employeeโs health isnโt affected and they donโt work more than 52 hours in a week, they and their employer can agree to a maximum of 2 overtime hours per day. Overtime is paid at 150% of the standard salary.
- Rest days: The workday has to be divided into 2, with 30 minutes for lunch. Sundays and national holidays are rest days. Employees should not be expected to work after 9 pm on the day before a Sunday or a holiday, and before 6 am the day after a Sunday or a holiday.
- Remuneration frequency: Employees are usually paid monthly, according to the schedule laid out in their employment contract.
Minimum wage in Chile
There is a mandatory minimum wage in Chile that applies to all workers aged 18 to 65. Currently, the minimum wage is CLP 529,000 ($558) per month. In January 2026, this will rise to CLP 539,000 ($569) per month.
The minimum wage is reviewed and adjusted by the government periodically. To comply with labor laws, itโs important for employers to stay up-to-date with the latest rates.
Your Chile EOR can help you keep track of any minimum wage and labor law changes as they occur.
Employment contracts in Chile
The most common types of employment contracts or agreements in Chile are:
- Individual: A contract between an employer and an individual employee, which can be fixed-term or open-ended
- Collective: A contract that establishes the relationship, terms, and conditions for an employer and all employees
Some organizations also use special employment contracts, like those for apprenticeships and domestic help.
According to Article 9 of Chileโs Cรณdigo del Trabajo, employment contracts must be in writing, in Spanish, and signed by both parties within 15 working days of hiring (or 5 days for fixed-term employees).
Employment contracts also need to be registered with the Direcciรณn del Trabajo.
Things to include in an employment agreement, at a minimum, are:
- The place and date of the contract
- Identification of both parties, including nationality, address, email address, and birth date
- Employee start date
- A description of the work to be undertaken by the employee
- The place and city in which the work will take place
- The amount, form, and period of payment
- Duration and distribution of the workday
- Duration of the contract
Leave policy in Chile
Employees in Chile are entitled to the following periods of leave.
Public holidays
There are 16 public holidays in Chile. Holidays that fall on the weekend are usually forfeited.
Holiday | Date |
---|---|
New Years Day | January 1st |
Good Friday | March or April (date changes yearly) |
Holy Saturday | March or April (date changes yearly) |
Labor Day | May 1st |
Naval Glories Day | May 21st |
National Day of the Indigenous Peoples in Chile | June 21stt |
The Feast of Saints Peter and Paul | June 27th |
The Feast of Our Lady of Mount Carmel | July 16th |
Assumption of Mary | August 15th |
Independence Day | September 18th |
The Day of the Glories of the Army | September 19th |
Day of the Races | October 12th |
National Day of the Evangelical and Protestant Churches | October 31st |
All Saints Day | November 11th |
The Feast of the Immaculate Conception | December 8th |
Christmas Day | December 25th |
Paid time off
Beyond public holidays, employees with over 1 year of service are entitled to 15 vacation days per year at full pay. Employees with more than 10 years of service, whether continuous or not, are entitled to 1 additional day of holiday for every 3 additional years worked.
Employees working in specified regions are entitled to 20 vacation days as standard.
Sick leave
Employees who provide a doctorโs note are entitled to sick pay, paid for by insurance.
Length of sick leave (in days) | Sick pay entitlement |
---|---|
1 to 3 | No entitlement |
4 to 10 | Full salary for days 4 to 10 |
11+ | Full salary for days 1+ |
Maternity leave
Female employees are entitled to 18 weeks of maternity leave. They take 6 weeks before the birth of their child and 12 weeks afterward. Maternity is paid in full by social security.
Women can also extend their maternity leave for another 12 weeks full-time or 18 weeks part-time. They can choose to share this parental leave with the father of the child.
Paternity leave
Male employees are entitled to 5 days of paternity leave, to be taken within 1 month of their childโs birth. Paternity leave is paid by the employer at 100% of the employeeโs usual salary.
When hiring employees in Chile, familiarity with these policies is essential. An EOR in Chile can help you manage your leave obligations with ease.
Work permit in Chile
In Chile, any foreign national who wants to work as an employee needs to obtain a work permit. The most common permits are the Temporary Work Visa and the Professional Work Visa.
To sponsor a foreign worker visa, an employer has to be registered with the Chilean immigration authorities, and an employee needs to provide the following:
- A valid employment contract
- Passport
- Proof of professional qualifications
- Certification of health and fitness
- Proof of police clearance
The visa application process typically takes between 4 and 8 weeks.
Background check in Chile
When running background checks on employees in Chile, you need to adhere to the countryโs data protection laws.
These state that you must gain explicit, written authorization from a candidate before running any checks.
Discrimination based on race, gender, religion, political views, union affiliation, and any other protected characteristics is also strictly prohibited.
Data protection laws also stipulate rules around the protection and secure storage of personal data.
When deciding which background checks to run, itโs important to ensure that the checks are relevant to the role. Some common background checks in Chile include:
- Criminal record
- Employment verification
- Education verification
- References
Credit checks and drug tests are less common but may be relevant depending on the role youโre hiring for.
Employment termination in Chile
Both the employer and employee can end an employment contract by giving a monthโs notice.
If the employer terminates the contract, they have to provide severance pay for employees who have worked for at least 1 year.
For each year of service, up to 11 years, they get 1 monthโs salary.
An employer can also end an employment contract without providing severance pay if an employee is found guilty of gross misconduct or breach of contract.
However, if an employee is found to have been wrongly dismissed, they are entitled to severance pay plus a 30% to 100% severance pay surcharge.
Company registration in Chile
Registering a company in Chile is a big undertaking, but it may be the right choice for your organization if you want to develop a significant presence in Chile.
To register a business in Chile, you need to:
- Choose your business structure
- Appoint a legal representative
- Establish and register a fiscal address within the borders of Chile
- Register with the commercial registry
- Publish an official statement in the Official Gazette
- Obtain the Rolnico Tributario (RUT): a Taxpayer Identification Number
- Open a business bank account with a Chilean bank
However, using a Chile EOR is a much simpler and easier option for most U.S.-based companies.
PEO in Chile
Looking to work with international talent? Then youโre likely to come across two options: an EOR and a Professional Employer Organization (PEO).
- A PEO co-employs local workers, offers third-party HR and administrative support via your local entity, allowing your company to outsource payroll, benefits, and legal support.
- An EOR does this and helps manage more. An EOR in Chile can hire Chilean workers on your behalf, without the need to set up a legal entity in the country.
Partner with an employer of record in Chile to hire employees quickly and cost-effectively, while staying compliant with local labor laws.
Payoneer WFM: Leading employer of record company in Chile
An employer of record in Chile helps you bring Chilean talent onto your team quickly, easily, and cost-effectively.
An EOR in Chile helps hire employees and handle the following for your business:
- Employee onboarding & offboarding
- Employment contracts
- Localized benefits
- Payroll
- Taxes
FAQs about the Chile employer of record
1) What is an employer of record in Chile?
An Employer of Record in Chile helps you employ Chilean nationals and adhere to local labor laws without setting up a legal entity in the country.
2) How much does an EOR cost in Chile?
The EOR cost in Chile varies based on the service provider. For instance, Payoneer WFM is an Employer of Record company in Chile that starts at $249 a month. Overall, the cost of working with an EOR is far lower than the cost of setting up a local legal entity.
3) Is an EOR better than a PEO in Chile?
A Professional Employer Organization (PEO) provides HR and administrative support via your local entity in Chile. An Employer of Record (EOR) in Chile goes further, legally employing Chilean workers on your behalf, without a local entity.
Disclaimer
Nothing herein should be construed as if Payoneer Inc. or its affiliates are soliciting or inviting any person outside the jurisdiction where it operates/is licensed to engage in payment services provided by Payoneer Inc. or its affiliates, unless permitted by applicable laws. Any products/services availability are subject to customerโs eligibility. The availability of this product is not guaranteed and may vary. Not all products/services are available in all jurisdictions in the same manner.
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