Chile: Industrial relations

Original author: Andres Valdes, Baker & McKenzie

Updating author: Agustin Alcalde, Clyde & Co

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

Summary

• Trade unions that meet certain membership requirements have various entitlements, including collective bargaining rights and time off work and special protection from dismissal for their representatives. (See Trade unions)
• Employers are generally required to engage in collective bargaining if requested by a trade union . (See Collective bargaining and agreements)
• Employers are prohibited from committing various "unfair labour practices" that breach employees' trade union rights or hinder collective bargaining. (See Unfair labour practices)
• Employers have no general statutory obligation to inform and/or consult employees, directly or through trade unions or other representatives, on any business or employment matters. (See Informing and consulting employees - general)
• There is no statutory obligation on employers to inform and/or consult employees, directly or through trade unions or other representatives, about planned redundancies. (See Informing and consulting prior to redundancies)
• There is no statutory obligation on employers to inform and/or consult employees, directly or through trade unions or other representatives, prior to business transfers. (See Informing and consulting prior to transfers)
• Industrial action is lawful only as part of "regulated" collective bargaining aimed at reaching a collective contract, and is subject to detailed regulation. (See Industrial action)