Chile: Ruling sets 42-hour workweek cut without mandatory agreement

Bofill Mir | The Chilean Labor Directorate (Dirección del Trabajo) has issued Ruling No. 253/21 regarding the mandatory reduction of the standard workweek from 44 to 42 hours, effective April 26, 2026, pursuant to the "40-Hour Law" (Law No. 21.561).

The ruling revises, in relevant part, the Directorate’s previous Ruling No. 235/08 (dated April 18, 2024). It reaffirms that the preferred method for implementing this reduction is through mutual agreement between employers and employees, either individually or through collective bargaining organizations. In the absence of an agreement, the law does not mandate a specific formal process; however, employers must be prepared to demonstrate that reasonable efforts were made to reach a consensus through appropriate channels.

Implementation in Absence of Agreement When no agreement is reached, the 2-hour reduction must be applied by shortening the daily workday as follows:

• 5-Day Workweek: A 1-hour reduction at the end of the shift on two separate days.

• 6-Day Workweek: A 50-minute reduction on two separate days, plus a 20-minute reduction on a third day (totaling 120 minutes). The employer holds the discretion to select the specific days, provided they adhere to the agreed-upon weekly distribution and statutory limits.

Pre-existing Reduced Schedules For employees already working fewer than 44 hours upon the law’s effective date, the reduction to 42 hours—absent an agreement—must be implemented with a maximum daily reduction of 1 hour (for 5-day schedules) or 50 minutes (for 6-day schedules). Any remaining time must be applied on a separate day and cannot be accumulated into a single day.

Scope of Prior Agreements The Directorate clarified that agreements reached for the initial transition phase (45 to 44 hours) do not automatically extend to the second phase (44 to 42 hours). Employers and employees must reach a new consensus for this transition; otherwise, the aforementioned supplementary rules will apply.

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