Chile: Contracts of employment

Original author: Andres Valdes, Baker & McKenzie

Updating author: Agustín Alcalde, Clyde & Co

See the legal services provided by the authors of International > Chile, including any discounts/offers for subscribers.

Summary

• Employment contracts must be in writing, although an employment contract may be deemed to exist in the absence of a written contract. (See General)
• There is no specific statutory provision for a probationary period at the beginning of the employment relationship but, in practice, employers often use fixed-term contracts for probationary purposes. (See Probationary periods)
• Open-ended employment contracts are the general rule, although fixed-term contracts and contracts to perform a particular work or service are permitted. (See Types of contract)
• Employment contracts must contain provisions on specified issues, including the nature of the work, the place of work, the remuneration, the working hours and the term of the contract. (See Written statement of terms of employment)
• As a general rule, any changes to the terms of an employment contract must be agreed by the employer and employee in writing, but the employer may unilaterally change some terms under certain conditions and circumstances. (See Variation of contract)