Legislation

Labour Code, as amended per Law No. 21.431, titled "Amendment to the Labour Code," on 8 March 2022

Summary

Law No. 21.431amends Decree with the force of law No. 1 of 2002 (Labour Code of Chile) to regulate work performed through digital service platforms. It modifies Article 38 and adds Chapter X to Title II of Book I, introducing specific rules for “work through digital service platforms.” The law applies to both location-based and online digital platform work and distinguishes between two legal categories: the “employment contract for dependent platform workers” and the “contract for independent digital platform workers,” based on the criteria in Article 7 regarding subordination and dependency. The law establishes rights common to both categories, including access to and portability of personal data, access to training, occupational safety and health protection, and rights to freedom of association and collective bargaining. It also authorises the competent authority to request access to algorithm programming, explanations on automated decision-making processes, and information on data used for algorithm training. 

Additional provisions may be included in the original Labour Code that are not covered in this summary. For complete information, please refer to the full text of the Labour Code.

Thematic areas