Notice period

In Chile, the statutory notice period for termination is 30 days. This rule applies when an employer terminates an employment contract on grounds specified under Article 161 of the Chilean Labor Code, which covers dismissals for just cause related to employee conduct or performance. The employer must provide written notice to the worker at least 30 days before the termination becomes effective, and must simultaneously submit a copy of that notice to the relevant Labor Inspectorate (Inspectoría del Trabajo).

The regulation is codified in Article 162 of the Código del Trabajo (Labor Code), as maintained within Chile's labor safety compendium administered by the Superintendencia de Seguridad Social (SUSESO). This provision ensures workers receive adequate advance warning of termination and allows the labor authority to monitor compliance with dismissal procedures.

The 30-day notice period is a mandatory minimum and cannot be shortened by mutual agreement or employment contract terms. The notice must be formal and documented, with proof of delivery to both the worker and the Labor Inspectorate required for the termination to be legally valid. Failure to provide proper notice or to notify the Labor Inspectorate may expose the employer to claims of wrongful termination and associated penalties.

Employers and payroll teams in Chile must ensure that termination notices are issued in writing, clearly state the grounds for dismissal under Article 161, specify the effective termination date (minimum 30 days from notice), and maintain records of delivery to both the employee and the Labor Inspectorate. Compliance with this procedural requirement is essential to avoid legal disputes and regulatory sanctions.