Labor migration in Chile for companies: requirements, processes and legal compliance

Chile continues to consolidate itself as one of the most attractive markets for foreign investment in Latin America. More and more international companies and Chilean subsidiaries require incorporate foreign talent, transfer executives, hire specialized technicians or mobilize expatriate workers to support your local operations.

However, before starting an international contract, it is essential to understand how labor migration currently works in Chile and what obligations companies must comply with. Especially considering that, after the entry into force of the new Immigration Law, immigration processes have become more strict, formal and, in many cases, more extensive.

Having adequate immigration and labor planning has become a key aspect to avoid operational delays, legal contingencies or difficulties in the incorporation of foreign workers.

What permit does a foreigner need to work in Chile?

Currently, the majority of foreign workers need to have a temporary residence permit to carry out paid activities in Chile.

This permit is processed before the National Migration Service (SERMIG) and, in many cases, it must be requested before entering the country.

One of the most relevant changes introduced by the new immigration regulations is precisely that many procedures can no longer be started from Chile. In many cases, the application must be processed from the foreign worker’s country of origin or residence before traveling.

Immigration authorization may vary depending on different factors, such as:

• local hiring,
• intra-company transfers,
• temporary projects,
• executive positions,
• provision of specialized services,
• or international technical movements.

Therefore, companies must analyze each case individually before planning to incorporate the worker.

The importance of planning labor migration in advance

For many international companies, one of the main practical challenges is related to immigration processing times.

Currently, some permits may present relevant delays, affecting the start of employment of foreign workers or the execution of certain business projects.

For this reason, it is recommended that companies plan well in advance:

• international transfers,
• hiring expatriates,
• incorporation of executives,
• and temporary displacements of specialized personnel.

A correct coordination between the immigration, labor and corporate areas It allows reducing delays and avoiding operational problems or regulatory non-compliance.

Key aspects that companies should review

In this sense, if companies want to carry out labor migration in Chile, It is essential that you take into account the following factors: 

1. Employment contract and corporate documentation

One of the fundamental requirements to request immigration authorizations is have a job offer or clear employment contract and correctly structured.

This document must specify aspects such as:

• worker functions,
• remuneration,
• duration of the employment relationship,
• and general contracting conditions.

In addition, immigration authorities may require additional background information from the contracting company, such as:

• corporate constitution,
• tax information,
• accreditation of economic activity,
• and complementary corporate documentation.

Verify that the worker is legally authorized to work

In Chile it is not enough that a person has entered the country. In order to work legally, you must have an immigration authorization that expressly enables you to carry out paid activities.

Therefore, companies must always verify:

• the type of residence or visa,
• its validity,
• the specific conditions of the permit,
• and the limitations applicable in each case.

This point is especially important for avoid immigration sanctions, labor contingencies or regulatory breaches.

Labor obligations and social security

Foreign workers have the same labor rights as Chilean workers.

This implies that Companies must fully comply with local labor regulations, including:

• payment of remunerations in accordance with Chilean legislation,
• pension and health contributions,
• working day limits,
• vacation,
• protection against dismissal,
• and other obligations established in the Labor Code.

In certain cases, international social security agreements may also be applied that allow contributions to be maintained in the country of origin of the posted worker.

Temporary permits and exceptional work authorizations

For certain temporary displacements, Chilean legislation contemplates specific alternatives that may be especially useful for multinational companies, executives or specialized technicians.

There are exceptional authorizations that allow develop paid activities on a temporary basis while maintaining the immigration status of a tourist.

In some cases, these permissions They can authorize work activities for a maximum period of up to 180 days, facilitating the execution of specific projects or specific technical services without the need to initiate more extensive immigration processes.

Labor migration as part of the international expansion strategy

International worker mobility has become a common necessity for companies with global operations. However, the current Chilean regulatory context requires greater planning, coordination and technical knowledge.

Having specialized advice on immigration, labor and corporate matters allows companies reduce risks, streamline processes and ensure regulatory compliance during the incorporation of international talent in Chile. Therefore, at UR Global we provide you with all the advice your company needs.