Chile's 40-hour law: new reduction in working hours comes into force in April 2026

The implementation of this regulation continues to move forward with a new stage of working time reduction that will come into effect from April 2026. This gradual process aims to reduce the maximum working week from 45 hours per week at the time of the law's enactment (April 2023) to 40 hours (in April 2028), without affecting workers' remuneration.

This change not only represents a significant regulatory change, but also poses important operational and compliance challenges for companies, which will have to adjust their work organisation structures and mechanisms.

It should be stressed that this reduction in working hours applies to the vast majority of workers, as the general rule is that they are subject to the limitation of working hours. However, as an exception, the regulations provide for certain workers to be excluded from this limitation of working hours, such as senior managers, administrators or workers who provide services without immediate superior supervision. Consequently, the application of this reduction requires a case-by-case analysis, considering the nature of the functions and the contractual conditions of each worker.

In order to facilitate its implementation, the law incorporates flexibility mechanisms that make it possible to adapt the distribution of working hours to the operational needs of organisations. These include the possibility of distributing the working day in weekly cycles, establishing exceptional working day systems authorised by the labour authority and signing adaptability agreements between employers and workers. These tools seek to balance the reduction of hours with operational continuity and productivity.

In this context, the concrete implementation of the reduction of working hours should preferably be carried out by mutual agreement between employer and worker, which should be in writing and respect the margins established by the labour regulations. If there is no agreement between the parties, the reduction in the working day must necessarily take place at the end of the working day (the Labour Directorate has ruled in this sense).

From a business perspective, this new stage of the 40-hour law implies the need to review and adjust various internal aspects, including employment contracts, shift systems, overtime agreements, staffing structures and attendance control mechanisms. Organisations will also need to assess the impact of these changes on their labour costs and on the management of their teams, adopting measures to ensure compliance without affecting efficiency or operational continuity.

In this scenario, the Labour Directorate will play an active role in monitoring compliance with the regulations, and may apply sanctions in case of non-compliance. It is therefore essential for companies to adopt a preventive and anticipatory strategy that allows them to adapt in a timely manner to the new legal requirements.

In short, the progressive reduction of working hours in Chile is not only a legal change, but also a structural transformation in the organisation of work. Its correct implementation will require a strategic approach on the part of companies, aimed at making compliance with regulations compatible with the sustainability and efficiency of their operations.