Working Hours and Overtime in Chile

What Are The Standard Working Hours In Chile?

An employee whose age is 17 or younger has a maximum of 8 hours per day and 40 hours per week. An employee whose age is 18 or older is allowed to work 40 hours per week. A minimum meal interval of 30 minutes must be observed by employees who work more than 6 hours in a day. In typical working hours, Monday through Friday, the hours are 9:00 to 18:00.

Maximum Working Hours In Chile

Chile’s Labour Code sets the standard working time for most employees at a maximum of 40 hours per week, usually distributed over 5 or 6 days. The ordinary daily schedule is typically capped at 8 hours, and you must clearly define the distribution of hours in the employment contract or internal regulations. Any arrangement that would systematically exceed these limits is unlawful unless it falls under a specific statutory exception.

You may distribute the 40 hours unevenly across the week, but the daily limit of 10 ordinary hours cannot be exceeded even with employee consent. Collective bargaining agreements can fine-tune schedules, introduce compressed weeks, or flexible bands, but they cannot waive the statutory weekly cap or reduce mandatory rest periods. As an employer, you must maintain accurate time records and ensure that any change in schedule is communicated in advance and documented.

Industry-Specific Exceptions

Companies hiring in sectors like healthcare, transportation, manufacturing, or hospitality may be subject to special scheduling rules. In continuous-process operations or services that cannot be interrupted, you may use shift systems that extend daily hours while respecting weekly averages and rest requirements. These schemes must be agreed in writing and, in many cases, approved by the Labour Directorate.

In healthcare, 12-hour shifts are common, but they must be paired with extended rest periods so that the average weekly working time does not exceed 40 hours over the agreed reference period. Transport workers are subject to specific rules on driving time and rest that, while not literally EU-aligned, follow similar safety principles and require strict control of daily and weekly limits. Manufacturing and security staff often rotate through night or weekend shifts, and you must design rosters that respect daily and weekly rest and avoid excessive consecutive night duties.

• Healthcare professionals may work 12-hour shifts with extended rest periods.
• Transport workers must comply with EU-aligned rest and driving limits.
• Manufacturing and security staff often rotate through night or weekend shifts.

Even in these sectors, you must ensure the average weekly limit is respected over a reference period. You should document the reference period in writing, typically 4 to 12 weeks, and monitor hours to ensure the average does not exceed 40 hours per week.

Managerial And Exempt Employees

Chile exempts certain categories of employees from the ordinary working-time limits, including managers, administrators, and employees who work without immediate supervision such that the employer cannot effectively control their hours. These employees are not subject to the 40-hour weekly cap and are generally not entitled to statutory overtime premiums. However, their workload must still respect health and safety principles, and their compensation should reflect the broader availability expected.

To classify an employee as exempt, you must base the decision on their actual duties and level of autonomy, not just their job title. The employment contract should explicitly state the exempt status and describe the nature of the role that justifies exclusion from ordinary hours control. Misclassification can lead to retroactive overtime liabilities, including a 50% surcharge on unpaid wages and associated social security contributions.

Statutory Full-Time Working Hours In Chile

Statutory full-time work in Chile is defined as up to 40 hours per week for employees covered by the general regime. This can be distributed over 5 days of 8 hours or 6 days of around 6.5 to 7 hours, provided you respect daily and weekly rest rules. Part-time work is any schedule of up to 30 hours per week, which must also be clearly documented in the contract.

You may implement flexible or staggered schedules, such as split shifts or variable start and end times, as long as the total ordinary hours do not exceed 40 per week. Any change from full-time to part-time or vice versa requires written agreement and may not be imposed unilaterally. When designing full-time schedules, you should also consider commuting patterns and childcare needs to support retention and engagement.

Overtime Regulations In Chile

Overtime in Chile is tightly regulated, and you are responsible for ensuring that any work beyond the ordinary schedule is both justified and properly compensated. You must keep reliable records of hours worked, including start and end times and any overtime authorized, for each employee. Failure to document and pay overtime correctly can result in fines, back-pay orders, and surcharges on unpaid wages.

Overtime should generally be exceptional and used to address temporary or unforeseen increases in workload rather than as a permanent staffing solution. Written agreements on overtime, whether individual or collective, must comply with statutory limits and cannot waive the minimum premium of 50% above the ordinary hourly rate. Labour inspectors may review your timekeeping systems and payroll records to verify compliance and may interview employees to confirm actual practices.

What Counts As Overtime In Chile?

Overtime in Chile is any time worked beyond the agreed ordinary daily or weekly schedule, up to the legal maximums, for employees covered by the general working-time regime. For a standard 40-hour contract, hours beyond 40 in a week, or beyond the daily schedule set in the contract, are considered overtime and must be paid with at least a 50% premium. Work performed on the employee’s weekly rest day, typically Sunday, or on a public holiday is also treated as overtime and must be compensated at no less than 1.5x the ordinary hourly rate.

Overtime must be expressly or implicitly authorized by the employer; however, if you tolerate systematic extra hours, they may still be deemed overtime even without written approval. You cannot offset overtime with future time off unless you agree to a formal time-off-in-lieu arrangement that grants equivalent rest at a 1.5x rate, meaning 1.5 hours of paid rest for each overtime hour. On-call time may count as working time if the employee’s freedom of movement is significantly restricted, and you should assess these arrangements carefully to avoid hidden overtime.

Maximum Overtime In Chile

Chile’s Labour Code limits overtime to a maximum of 2 hours per day and 10 hours per week per employee. This means that, for a full-time worker with a 40-hour schedule, the absolute weekly total including overtime should not exceed 50 hours. Overtime agreements must be in writing and are generally valid for up to 3 months, after which they must be renewed if the need persists.

There is no explicit annual overtime cap in the law, but the daily limit of 2 hours and weekly limit of 10 hours function as a de facto ceiling over time. In emergencies such as accidents or force majeure, you may temporarily exceed these limits to prevent serious harm, but you must still pay the statutory premium and normalize schedules as soon as possible. Systematically scheduling employees at or near the maximum overtime limit can attract scrutiny from labour inspectors and may be considered an abuse of the regime.

Overtime Payout Rates In Chile

Overtime in Chile must be paid at a minimum of 150% of the employee’s ordinary hourly wage, that is, at least 1.5x the regular rate for each overtime hour. To calculate the overtime rate, you divide the monthly salary by 30 to obtain the daily rate, then by the number of ordinary daily hours, usually 8, to obtain the base hourly rate and multiply by 1.5. Variable pay components that are regular and permanent, such as fixed bonuses or commissions, should be included in the base for calculating the overtime rate.

Work performed on the weekly rest day or on a public holiday is also paid at no less than 1.5x the ordinary hourly rate, and you must additionally grant a substitute rest day when Sunday rest is affected. If you agree to time off in lieu of cash payment, the rest granted must be equivalent in value to the 1.5x premium, meaning 1.5 hours of paid rest for each overtime hour worked. You should clearly document the calculation method in contracts or internal policies and ensure payroll systems apply the 150% rate consistently.

Rest Periods And Breaks In Chile

In Chile, most employees work up to 8 hours per day and 40 hours per week, and the Labour Code links specific rest periods and breaks to these standard hours. During the working day, employees who work more than 6 hours are entitled to a meal break, and between working days they must receive a continuous daily rest period. Over each week, employees are also entitled to weekly rest days, usually including Sunday, which you must respect when designing schedules.

• Meal Break: Employees who work more than 6 hours per day must receive a meal break of at least 30 minutes, which is typically unpaid unless the employee must remain at the employer’s disposal. You should schedule this break roughly in the middle of the working day and ensure that operational demands do not systematically erode it.
• Daily Rest: Employees are entitled to a minimum daily rest period of 12 consecutive hours between the end of one workday and the start of the next in most standard schedules. In shift systems, you must still ensure sufficient rest between shifts to protect health and safety, even if the exact distribution differs.
• Weekly Rest: Employees must receive at least one full weekly rest day, typically Sunday, and many employees are entitled to an additional half-day or full day depending on their schedule. If you require work on the weekly rest day, you must grant a substitute rest day and pay the applicable overtime premium of at least 1.5x.
• Minors: Workers under 18 are subject to stricter limits on daily and weekly hours and must receive adequate rest between shifts. Night work for minors is generally prohibited, and you should design schedules that prioritize schooling and recovery time.
• Employer Duty: As an employer, you must organize work so that statutory breaks and rest periods are actually taken, not just written into policies. Labour inspectors may verify compliance by reviewing rosters and interviewing employees, and failure to provide rest can lead to fines and back-pay for any time that should have been treated as working time.

Night Shifts And Weekend Regulations In Chile

Night and weekend work are legal in Chile but subject to additional employer responsibilities and employee protections. You must design schedules that respect daily and weekly rest, monitor fatigue risks, and ensure that employees working atypical hours are not exposed to disproportionate health and safety hazards. Collective agreements and internal policies often add further safeguards for these workers.

Night work in Chile is generally understood as work performed between 22:00 and 07:00, particularly in continuous or shift-based operations. This definition applies across many roles, including manufacturing, security, healthcare, and services that operate 24/7, although specific sectoral rules may refine the exact time bands. You should clearly identify in contracts or rosters which employees are assigned to night shifts and how their hours are distributed.

• Premium Pay: Chilean law does not establish a specific statutory night work premium, so there is no mandatory percentage such as 25% or 1.25x solely for working at night. In practice, many employers and collective agreements grant night shift differentials in the range of 20% to 30% above the ordinary hourly rate, but these amounts are contractual rather than statutory.
• Health Monitoring: While there is no universal mandatory medical exam for all night workers, occupational health and safety rules require you to assess and control risks associated with night and rotating shifts. Regular health monitoring, fatigue management measures, and access to medical evaluations are recommended, especially for employees who work nights on a long-term basis.
• Workplace Restrictions: Minors under 18 are generally prohibited from working at night, particularly between 22:00 and 07:00, except for narrow statutory exceptions. Pregnant workers are entitled to special protection, and you should avoid assigning them to night shifts or heavy weekend work where this could affect their health or that of the fetus.

Weekend work, especially on Sundays, is restricted for many categories of employees who are entitled to Sunday rest as a general rule. In sectors that lawfully operate on Sundays and public holidays, such as retail, hospitality, and essential services, you must rotate Sunday work and ensure that employees receive at least 2 paid Sundays off per month or the sector-specific minimum. Work performed on Sundays or public holidays must be paid at no less than 1.5x the ordinary hourly rate when it qualifies as overtime, and you must also grant substitute rest days when the statutory weekly rest is affected.