Formalities in the Signing of the Employment Contract for Foreigners in Chile

In Chile, hiring foreign workers requires compliance with specific immigration formalities, especially when the worker wishes to apply for temporary residency under the subcategory for legal paid work.

According to Law No. 21,325 on Migration and Foreigners, employment contracts must meet essential requirements for their validity and subsequent processing of visas or residency permits.

Signing the Employment Contract: Key Formalities

Employer's Signature in Chile:

• The employer must sign the contract in Chilean territory.

• They must have legal representation.

• Their signature must be notarized.

Employee's Signature Abroad:

• They must sign the contract at the Chilean Consulate in their country of residence.

• The document must then be notarized.

Importance of Immigration Compliance

• Avoids issues with visa or residence permit applications, which can delay or increase processing times.

• Ensures the validity of the contract for labor and tax purposes in Chile.

• Protects both the employer and the employee in case of an inspection by the National Immigration Service and the Labor Inspectorate.

Practical Recommendations

• Review the contract before signing to ensure it includes mandatory immigration clauses, such as:

• Contract validity.

• Employer's social security and tax obligations.

• For foreign technicians and professionals, a pension clause to be exempt from contributions or to access pension fund recovery.

• Contact the Chilean Consulate to inquire about appointment availability, processing times, fees, and additional requirements.