Labor rights of foreign workers in Chile
Your contract, your benefits and the 85% rule: what the Labor Directorate says.
Verified on October 13, 2026 against official sources · See sources · Leer en español
In short: Your contract is valid even if you had no authorization to work and you do not lose the benefits you are entitled to. In addition, an employer with more than 25 workers must have at least 85% Chilean workers, and several kinds of foreigners are counted as Chilean for that calculation.
Your contract is valid
- The Labor Directorate (ORD. No. 1404, March 31, 2017) concluded that a contract with a foreign worker without administrative authorization is valid and effective to govern the employment relationship.
- The lack of authorization cannot be an obstacle to obtaining labor or social security benefits. The employer may face administrative liability for hiring without a permit.
The 85% Chilean workers rule
- Articles 19 and 20 of the Labor Code require that at least 85% of an employer's workers be Chilean nationals.
- It does not apply to an employer with no more than 25 workers.
- The total number of the employer's workers across the whole country is counted, not by branch, and specialist technical staff are excluded.
Who counts as Chilean for that 85%
- Foreigners whose spouse, civil partner or children are Chilean, or who are widowed from a Chilean spouse.
- Foreigners with more than five years of residence in the country, not counting accidental absences. ORD. No. 477 (July 26, 2024) states that the periods of temporary and permanent residence are added together, and that Law 21,325 did not change that requirement.
What to consider in your employment contract
- The contract is governed by the Labor Code. With a job offer, SERMIG requires you to submit the contract and proof of its electronic registration (article 9 bis of the Labor Code) within 45 calendar days of your entry.
- SERMIG notes that the parties may agree that the employer will pay your return ticket when the contract ends.
- When you need a reference for your salary and deductions, use our net salary calculator and the severance calculator (in Spanish).
What the official source does not specify
- A full list of labor rights: it is in the Labor Code and with the Labor Directorate (600 450 4000).
- Pension and health contributions for foreign nationals: not covered in this guide.
- The specific penalties for the employer for exceeding the percentage or hiring without a permit.
- There are bills that could change the number or counting method of foreign workers; check the current status.
Official sources
- Dirección del Trabajo: ORD. No. 1404 (2017) (Spanish)
- Dirección del Trabajo: proportion of Chilean and foreign workers (Spanish)
- Dirección del Trabajo: ORD. No. 477 (2024) (Spanish)
- SERMIG: Foreigners engaged in lawful remunerated activities
Information verified on October 13, 2026 against the official sources listed. Immigration requirements change: always confirm on the official site before filing. This guide is informational and is not legal advice. It is an English summary of sources published in Spanish.
Frequently asked questions
Can I claim my rights if I worked without a permit?
The Labor Directorate has stated that the lack of authorization does not prevent access to labor and social security benefits.
Is there a maximum number of foreigners a company can hire?
Yes: at least 85% of workers must be Chilean, unless the employer has no more than 25 workers.
When am I counted as Chilean for that calculation?
With a Chilean spouse, civil partner or children, as a widow or widower of a Chilean spouse, or with more than five years of residence.
Something outdated, wrong or unclear? Tell us (the form is in Spanish; English is fine).