Notice period

In Chile, the statutory notice period for termination is thirty days, as established under Article 162 of the Labour Code. This requirement applies when an employer terminates an employment contract on grounds specified in Article 161, which covers dismissals related to business needs, technological changes, or force majeure circumstances.

The notice period operates as a mandatory advance warning mechanism. The employer must formally notify the worker in writing and simultaneously provide a copy of the notice to the relevant Labour Inspectorate. This dual notification ensures both the employee and the regulatory authority are informed of the impending termination. The thirty-day period begins from the date the worker receives formal notice and must elapse before the employment relationship can be legally dissolved on these grounds.

The rule is codified in the Código del Trabajo (Labour Code) under Article 162, with oversight administered by the Superintendencia de Seguridad Social (SUSESO) and regional Labour Inspectorates. This provision reflects Chile's employment protection framework, which requires employers to provide adequate transition time for affected workers.

Employers and payroll teams must ensure that termination notices are documented in writing, dated precisely, and delivered directly to the employee with simultaneous submission to the Labour Inspectorate. The thirty-day countdown is strict; termination cannot be effective until this period has fully elapsed. Failure to comply with the notice requirement or the inspectorate notification obligation can result in legal challenges and potential liability for wrongful dismissal. Payroll records should clearly document the notice date and inspectorate submission to demonstrate compliance.