Chile's legal framework for remote work is progressive, with the Remote Work and Telework Law (Law No. 21.220, effective July 2020) establishing the legal foundation for remote work arrangements. It outlines employee rights, employer obligations, and health and safety considerations for remote work. The Labor Code (Código del Trabajo) provides the foundation for worker rights, including minimum wage, vacation leave, and social security contributions, and applies to remote workers as well.

Key Considerations

A written agreement outlining working hours, communication methods, and termination clauses is mandatory for both parties. Foreign nationals may need work visas to be legally employed remotely in Chile.

Technological Infrastructure Requirements

Reliable internet connectivity is essential for successful remote work. Internet speeds in Chile are generally good, with fiber optic connections becoming increasingly available, especially in urban areas. However, speeds can vary depending on location. Occasional power outages can disrupt work, so consider backup power solutions like a UPS (Uninterruptible Power Supply).

Employer Responsibilities

Employers in Chile have specific responsibilities towards remote workers. Remote workers are entitled to the same wages, overtime pay (if applicable), and benefits (if offered) as in-office employees under the Labor Code. The Remote Work and Telework Law requires employers to afford any costs arising from the employee working remotely. This can include equipment or reimbursement for its purchase/rental and internet access expenses. Employers should establish clear communication channels and tools to facilitate effective teamwork and information sharing. The law mandates employers to consider ergonomic risks and provide training on preventing occupational hazards associated with remote work.

Additional Considerations

Establish clear boundaries between work hours and personal time to prevent burnout for remote employees. Protecting sensitive company data is crucial. Employers should provide secure access and ensure remote workers are aware of data security protocols.

Part-time work is a flexible work arrangement where employees work a predetermined schedule with fewer hours than a standard full-time workweek. According to the Labor Code, part-time workers are entitled to the same minimum wage, pro-rated vacation leave, and social security contributions as full-time workers.

Flexitime

Flexitime is another flexible work arrangement where employees have some flexibility in choosing their start and end times within a set daily or weekly working hour range. The Labor Code outlines a standard workweek of 45 hours, but flexitime arrangements can be established as long as total worked hours comply. Employers and employees can agree on core working hours where everyone is available and agree on flexible start and end times around those core hours.

Job Sharing

Job sharing is a flexible work arrangement where two or more people share the responsibilities of one full-time position. According to the Labor Code, individual contracts for each job sharer are recommended, outlining their specific responsibilities and benefits entitlement (based on their pro-rated share).

Remote work brings with it a unique set of data protection and privacy issues. Employers have a responsibility to provide secure access to company systems and data for remote workers. This can be achieved through the use of strong passwords, multi-factor authentication, and a Virtual Private Network (VPN) whenever possible.

Employer Obligations

Employers should also develop and implement clear data security policies. These policies should outline acceptable data usage, storage, and transfer practices. Training is another crucial aspect of data protection. Remote employees should be trained on data security protocols, including how to identify phishing attempts and prevent malware infections.

In Chile, the Remote Work and Telework Law (Law No. 21.220) emphasizes the employer's responsibility for data security measures when employees work remotely.

Legal Reference

The Personal Data Protection Law (Law No. 19.628) in Chile governs the protection of personal data. While it is not solely focused on remote work, it sets principles for data collection, storage, and use that apply to both employers and employees.

Employee Rights

Under the Personal Data Protection Law, remote workers in Chile have rights regarding their personal data. These rights include access to their personal data held by the employer, the ability to request corrections to any inaccuracies in their personal data, and the right to object to the processing of their personal data for marketing purposes.

Best Practices for Securing Data

To ensure data protection and privacy in a remote work setting, several best practices should be followed. These include data minimization, where only the data essential for work purposes is collected and stored. Encryption should be used to protect sensitive data at rest and in transit, especially when using public Wi-Fi networks. Regular data backups should be implemented for disaster recovery.

Finally, a clear distinction should be made between personal and company devices used for work. Ideally, employers should issue work devices or implement mobile device management (MDM) solutions for personal devices.