NEWS

LABOR ALERT. JANUARY 2026

 

  1. Increase in the Monthly Minimum Wage as of January 1, 2026

 

Pursuant to Law No. 21,751, as of January 1, 2026, the monthly minimum wage has been increased as follows:

 

  • $539.000.- for workers over 18 years of age and up to 65 years of age.
  • $402.082.- for workers under 18 years of age and over 65 years of age.
  • $347.434.- for non-remunerational purposes.

 

It is important to note that the increase in the Monthly Minimum Wage impacts:

 

  • The cap on statutory profit-sharing (gratificación legal), and therefore this new amount must be considered when calculating the maximum limit equivalent to 4.75 monthly minimum wages.

 

  • The amount of administrative fines imposed by the Labor Inspectorate, which are calculated based on the applicable monthly minimum wage.

 

 

  1. Electronic Filing Regarding Compliance with the Labor Inclusion Law Deadline: January 31, 2026

 

Law No. 21,015, which promotes labor inclusion, provides that companies with 100 or more employees must hire or maintain at least 1% of persons with disabilities or beneficiaries of a disability pension under any social security system, in relation to their total workforce.

 

During the month of January each year, companies subject to this obligation must submit an Electronic Filing to the Labor Directorate (Dirección del Trabajo), reporting, among other information, the total number of employees and the manner in which the inclusion quota is met.

 

  • - Direct compliance: Through the direct hiring of persons with disabilities or beneficiaries of a disability pension under any social security system. These employment contracts must be registered on the Labor Directorate’s website within 15 days from their execution.

 

  • - Alternative (subsidiary) compliance: Only applicable where there are justified reasons that make the direct hiring of persons with disabilities or disability pension beneficiaries impossible. In such cases, the law allows compliance through alternative measures.

 

Justified reasons include:

 

  • • Lack of interested applicants: This occurs when the employer has published job vacancies for at least 30 consecutive days through the National Employment Exchange (Bolsa Nacional de Empleo) and has not received applications that meet the job requirements.

 

  • Falta de personas interesadas en las ofertas de trabajo que se hayan formulado: se configura cuando el empleador ha publicado, a lo menos, durante 30 días corridos, sus ofertas de empleo a través de la Bolsa Nacional de Empleo y no haya recibido postulaciones que cumplan con lo requerido.

 

Only where a justified reason is duly proven may the obligation be fulfilled through one of the following alternative measures:

 

  1. a) Entering into service agreements with companies that employ persons with disabilities and/or disability pension beneficiaries, who must effectively perform services for the principal or contracting company.

 

  1. b) Monetary donations to projects or programs of associations, corporations, or foundations. No more than 50% of the total amount may be donated to a single organization, and at least one donation must be made to a project or program to be carried out in a region other than the Metropolitan Region.

 

Increase in Fines for Non-Compliance (Law No. 21,690)

 

Non-compliance Medium-sized company (100–199 employees) Large company (200 or more employees)
Failure to meet the inclusion quota 20 UTM, aplicada por cada mes que el empleador incurre en la infracción, respecto de cada persona que por cuota de inclusión debió ser contratada. 30 UTM per month and per person who should have been hired under the inclusion quota
Rejection by the Labor Directorate of the justified reason invoked for alternative compliance 20 UTM per person who should have been hired under the inclusion quota 30 UTM per person who should have been hired under the inclusion quota
Failure to meet the conditions for alternative compliance The fine will be determined by considering the inclusion obligation fulfilled only in proportion to the donations made or contracts entered into, relative to the annual amount required The fine will be determined by considering the inclusion obligation fulfilled only in proportion to the donations made or contracts entered into, relative to the annual amount required

 

Si requiere información adicional sobre esta materia, contactar a Alfred Sherman (asherman@jdf.cl) o Leyla Alul (lalul@jdf.cl)

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