Family Law
Alimony, visits, personal care, pension reductions, divorces and financial compensation.
See area →Lex Juicios Lawyers · People
Labor Lawyers in Santiago
The deadlines to sue in labor matters are short (60 business days). Write to us under absolute confidentiality to coordinate specialized guidance.
Did you suffer a dismissal or a violation of your rights at work?
We preliminarily evaluate your case and clearly explain the fees before assuming the assignment.
Have you been working for the same company for more than 10 years and were you fired without paying you for your years of service?
Consult your case with us. We have experience litigating against large corporations in the transportation, banking, mining, railroad and retail sectors.
We represent clients throughout Chile.
How do we assume the defense against an unjustified dismissal or a violation of rights?
In Chile, labor legislation actively protects the worker, but the deadlines for claiming are extremely limited. If you were dismissed verbally, if you are required to sign a settlement with which you do not agree, or if you believe that your fundamental rights were violated during the employment relationship, it is advisable to act quickly and strategically.
At Lex Juicios, our team of labor lawyers specializes in balancing the scales against the employer, ensuring that you receive every last peso that corresponds to you by law.
Our Labor Defense Services in Santiago
Self-dismissal or indirect dismissal: if the employer does not pay the pension contributions, incurs mistreatment or seriously breaches the contract, the law allows the worker to terminate the employment relationship and sue judicially for compensation with the corresponding surcharges.
Unjustified Dismissal (Art. 161 – Business Needs): It is the most used cause and, in the vast majority of cases, it lacks real and technical foundations. We challenge this cause in court to obtain a surcharge of up to 30% on your years of service.
Labor Protection for Violation of Rights: No employer can override your dignity, your physical or mental integrity, or discriminate against you. If you suffered workplace harassment (mobbing) or sexual harassment, we demand compensation for the damage with additional compensation of up to 11 salaries.
Collection of Unpaid Benefits and Contributions (Bustos Law): If you were fired and your pension, health or unemployment contributions are not paid up to date, the dismissal is void. We judicially demand that your salaries continue to be paid monthly until the employer validates the dismissal by bringing it up to date.
Frequently asked questions: what to know before signing
Can I sign my settlement if I do not agree with the amount?
Yes, but only by stamping a “reservation of rights” written in your own handwriting. A settlement signed in a simple manner, without that reservation, frees the employer from pending payments and closes the judicial process. Consult us before signing and we will tell you the exact formula to write.
How long do I have to sue for wrongful termination?
The legal period is 60 business days from the date of dismissal. This period can be suspended if you file a claim with the Labor Inspection, but under no circumstances can the total period to go to court exceed 90 days. Time is running fast, so early advice is key.
Were you fired for “Business Needs”? Be careful with the AFC discount
This is the most common trick of employers in Chile. When they fire you for the reason of Article 161 (Business Needs), the law allows them, under certain conditions, to deduct from your compensation for years of service the money they contributed to your Unemployment Insurance fund (AFC).
Is this discount legal?
Only if the dismissal is fully justified. If we sue for Unjustified Dismissal and the court declares that the cause was unfair (which happens in more than 90% of well-defended cases), the judge will order the employer to return every peso that was deducted from you for AFC, in addition to applying the legal surcharge of 30% on your years of service. Don't give away your money!
Work Accidents: Your health and safety are non-negotiable
If you suffered an accident at your workplace or on the direct trip to or from the workplace, Law No. 16,744 imposes on the employer the duty to maintain safe conditions. When the accident occurs due to negligence or lack of safety measures by the company, it is appropriate to claim:
Free Medical Care and Full Coverage: Through the corresponding mutual insurance company (ACHS, Mutual de Seguridad, IST).
100% Paid Medical Leave: Subsidy for temporary work disability.
Demand Compensation for Moral Damage: If there are physical or psychological consequences, we civilly sue the company to demand compensation for the damage caused to you and your family.
The key step: The complaint to the Labor Inspection
Before reaching a trial, the first step is usually the administrative stage at the Labor Inspection (DT). It is an instance of mediation where we summon the employer to try to reach a quick payment agreement.
Is it mandatory to go with a lawyer to the Inspection? It is not mandatory, but it is highly recommended. Employers often assist with their legal teams and propose unfavorable agreements. Attending accompanied allows you to review each figure before accepting it.
What happens if there is no agreement in the Inspection? We closed the claim record and were authorized to file the labor claim in the Labor Courts.
Areas we offer in Labor Law
Unjustified dismissals and compensation collection
We challenge dismissals without cause or poorly founded, we calculate the corresponding compensation and present the actions before the labor courts.
Settlements and pending benefits
We review your settlement and demand the correct payment of salaries, contributions and unpaid bonuses, guaranteeing that you receive everything that corresponds to you by law.
Workplace harassment and violation of rights
We represent workers in situations of mistreatment, harassment or discrimination at work, in accordance with current regulations on fundamental rights.
Work accidents and occupational diseases
We guide you in cases of work accidents or illnesses resulting from your activity, managing claims before the mutual insurance company or legal actions when appropriate.
Advice to employers and regulatory compliance
We support companies in drafting contracts, internal regulations and separation processes, ensuring compliance with labor legislation and avoiding sanctions.
LABOR LAW FREQUENTLY ASKED QUESTIONS
1. What is Self-Dismissal or indirect dismissal?
Self-dismissal or indirect dismissal occurs when it is the worker who decides to end the employment relationship because the employer has committed a serious breach of the obligations imposed by the contract (such as non-payment or late payment of pension contributions, remuneration, or due to harassment). This legal figure allows the worker to demand in court the same compensation as in an unjustified dismissal, increased with the corresponding legal surcharges that can range from 20% to 80%.
2. What is the legal deadline to sue for unjustified dismissal in Chile?
The legal deadline to file a claim for unjustified dismissal is extremely strict: it has 60 business days counted from the date of separation (dismissal). This period can be suspended if you file a claim with the Labor Inspection, but it has an absolute and non-extendable maximum limit of 90 consecutive days from the date of dismissal to file the claim in the Labor Courts.
3. What is the "Reservation of Rights" in a settlement and why is it so important?
The reservation of rights is a handwritten and mandatory mention that the worker must write in the settlement before signing it before the minister of faith (notary or labor inspector). By writing it, the worker declares that, although he agrees to receive the amounts indicated in the document, he reserves the right to later sue before the Courts for pending concepts (such as unjustified dismissal, differences in years of service, collection of unpaid contributions or AFC discount). If you sign the settlement without reservation of rights, you lose all possibility of claiming judicially.
4. Can the employer deduct the AFC employer contribution from the settlement?
The discount of the contribution that the employer made to the worker's AFC (Unemployment Insurance) account is only legal when the cause for dismissal invoked is Article 161, paragraph 1 of the Labor Code (“Business Needs”). If you are fired for any other reason, or if it is declared in court that the dismissal due to the needs of the company was unjustified, said discount is inappropriate and the courts will order the immediate return of that money.
5. What compensation am I entitled to receive after dismissal?
Depending on the cause of termination and length of service, a worker in Chile may have the right to:
- Compensation in lieu of prior notice: Equivalent to a monthly remuneration (with a legal limit) if you were not notified of the dismissal at least 30 days in advance.
- Compensation for years of service: Equivalent to one month's salary for each year of service or fraction of more than six months, with a maximum of 11 years (unless a different individual or collective agreement is agreed).
- Proportional holiday: Payment of accumulated and not taken vacation days.
6. What behaviors constitute workplace harassment or "Mobbing"?
According to the Labor Code, workplace harassment consists of any conduct that constitutes repeated aggression or harassment, carried out by the employer or by one or more workers, by any means, and that results in the disadvantage, mistreatment or humiliation of the person or persons affected, or that threatens or harms their employment situation or employment opportunities. These behaviors can give rise to a claim for Labor Protection for violation of fundamental rights with additional compensation of 6 to 11 salaries.
7. What should I do if I suffer an accident at work or contract an occupational disease?
The first thing is to seek immediate medical attention at the respective mutual insurance company (ACHS, Mutual de Seguridad or IST). The employer is obliged to file the Individual Work Accident Report (DIAT) within 24 hours of becoming aware of the fact. If the accident occurred due to negligence or lack of safety measures by the company, the worker has the right to demand compensation for damages for moral damage and consequential damages in the Labor Courts.
8. Is it mandatory to carry out the conciliation process at the Labor Inspection before going to trial?
For claims processed under the Monitoring Procedure (those whose total amounts or claims do not exceed 15 minimum monthly incomes), the law requires as a mandatory requirement to have previously made the claim and appeared at the conciliation hearing before the Labor Inspection. For claims of larger amounts (General Application Procedure), prior mediation is highly recommended, but not mandatory to initiate judicial proceedings.
“In Lex Juicios We have a legal area specialized in labor law. Our team of associate lawyers and attorneys works together for the correct processing of each case, accompanying you from the presentation of the claim to the Labor Inspection and the conciliation hearing in the DT, until the drafting and defense of your claim before the Labor Courts in any city in Chile.” Founder. David Vásquez Suazo. Executive Director.
Lex Juicios Lawyers; Coverage of professional Labor Law care for the worker in Santiago and communes.
Labor Defense in the Metropolitan Region (By Areas and Communes)
We process your claim before the corresponding Labor Inspection and represent you in the courts of the different jurisdictions of Santiago. We cover all the communes of the Metropolitan Region:
Santiago Centro and Sector Oriente: Santiago Centro, Providencia, Las Condes, Vitacura, Lo Barnechea, Ñuñoa, La Reina and Macul.
South and Southeast Sector: Puente Alto, La Florida, Peñalolén, San Bernardo, La Pintana, El Bosque, San Ramón, La Cisterna, Lo Espejo, Pedro Aguirre Cerda, San Joaquín and San Miguel.
Western Sector: Maipú, Pudahuel, Central Station, Cerrillos, Lo Prado, Quinta Normal, Cerro Navia and Renca.
Northern Sector: Conchalí, Independencia, Recoleta, Quilicura, Huechuraba and Lampa (Valle Grande).
Communes and Rural Areas of the RM: Colina (Chicureo), Tiltil, Pirque, San José de Maipo, Buin, Paine, Calera de Tango, Talagante, Peñaflor, El Monte, Padre Hurtado, Melipilla, Alhué, María Pinto, San Pedro and Curacaví.
Thanks to the modern procedures of the courts of justice through Law 20,886, we can represent you. Was he fired? Call us or leave a message on WhatsApp to respond as soon as possible.
Labor representation throughout Chile.
Labor Lawyers in Regions (100% Digital Defense, in person with expert labor lawyers associated with Lex Juicios.)
If you were fired or saw your rights violated outside the capital, we will represent you before the Provincial Labor Inspections and the Labor Courts of the main cities of Chile:
Northern Zone: Arica, Iquique, Antofagasta, Calama, Copiapó, Vallenar, La Serena, Coquimbo and Ovalle.
Central and Coastal Zone: Valparaíso, Viña del Mar, Quilpué, Villa Alemana, San Antonio, Quillota, San Felipe, Los Andes, Rancagua, San Fernando and Pichilemu.
South and Central-South Zone: Curicó, Talca, Linares, Chillán, Concepción, Talcahuano, Los Ángeles, Temuco, Angol, Valdivia, Osorno, Puerto Montt and Castro.
Southern Zone: Coihaique, Puerto Natales and Punta Arenas.
Do you want to negotiate your union immunity and your years of seniority? Call us or send a message +56987665124
Contact our labor lawyers now
Other areas for People
Criminal Law
Economic crimes, scams, money laundering, illicit association and highly complex criminal defense.
See area →Civil Law
Asset seizures, damages, precarious property, leases, partition trials, civil lawsuits and high-value inheritances.
See area →Local Police Court
Traffic fines, TAG, accidents and co-ownership, with personalized monitoring of each cause.
See area →Immigration Law
Temporary residence, visas, appeals and permanent stay.
See area →The difference of Lex Juicios Lawyers
Proven responsibility and commitment
Sustained track record in highly complex litigation, corporate criminal defense and cross-border advice, with dedication and technical rigor in each assignment.
Multidisciplinary approach
We integrate specialists from various legal areas to address your challenges from a civil, tax, labor and criminal perspective in a single coordinated strategy.
Direct and confidential communication
Direct contact with the professional responsible for your matter. Your case is treated under strict confidentiality, prioritizing the peace of mind of your business.
Do you need guidance on this matter?
Let us analyze your case under absolute reserve and confidentiality.