Countries › Chile › Guide › 7. Labor and employment › Unions, collective bargaining and strikes in Chile: union quorums, protected status, bargaining timeline, the negotiation floor, strike rules, replacement ban, minimum services and lockout

Unions, collective bargaining and strikes in Chile: union quorums, protected status, bargaining timeline, the negotiation floor, strike rules, replacement ban, minimum services and lockout

Last verified: 2026-10-26 · Status: Stable

Workers in Chile can form unions without prior authorisation; in companies of more than 50 workers a company union needs 25 members representing 10 percent of staff, and in smaller companies 8 workers representing half. Collective bargaining is at company level, starts with the union's draft contract, and the employer must answer within 10 days with at least the existing terms as a floor. Strikes are voted by secret ballot, replacing strikers is prohibited, the union must staff agreed minimum services, and the employer may answer with a lockout of up to 30 days.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial of 23 October 2026 (Ley Nº 18.840 art. 44). UTM amounts use the SII value of CLP 72,151 for October 2026. Amounts capped in UF use the SII value of CLP 41,057.20 for 30 September 2026, the value the law applies to payments made in October 2026; other UF amounts use CLP 41,205.16 for 23 October 2026. Conversions are for orientation only.

Key facts

Minimum members to form a union in a company of more than 50 workers	25 workersCódigo del Trabajo art. 227, as of 2026-10-26 · in force
Minimum share of the workforce to form a union in a company of more than 50 workers	10 %Código del Trabajo art. 227, as of 2026-10-26 · in force
Minimum members to form a union in a company of 50 workers or fewer	8 workersCódigo del Trabajo art. 227, as of 2026-10-26 · in force
Dismissal protection for union directors after leaving office	6 monthsCódigo del Trabajo art. 243, as of 2026-10-26 · in force
Days for the employer to answer the draft collective contract	10 daysCódigo del Trabajo art. 335, as of 2026-10-26 · in force
Minimum term of a collective contract	2 yearsCódigo del Trabajo art. 324, as of 2026-10-26 · in force
Maximum term of a collective contract	3 yearsCódigo del Trabajo art. 324, as of 2026-10-26 · in force
Replacement of striking workers allowed	No booleanCódigo del Trabajo art. 345, as of 2026-10-26 · in force
Maximum lockout length	30 daysCódigo del Trabajo art. 353, as of 2026-10-26 · in force
Maximum fine for anti union practices, large companies	300 UTMCódigo del Trabajo art. 292, as of 2026-10-26 · in force

The rule

1. Private sector and state company workers may form the unions they choose without prior authorisation, including company, inter company, independent and temporary workers' unions. Unions are formed at an assembly before an official witness (only labour inspectors for inter company unions), which approves the statutes and elects the board by secret ballot.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 212, art. 216 and art. 221, 2003-01-16 official text · verified 2026-10-26

2. In a company with more than 50 workers, a company union needs at least 25 workers representing at least 10 percent of the workforce; where no union exists, 8 workers can form one but must reach the quorum within a year or it is dissolved. In companies with 50 or fewer workers, 8 workers representing at least 50 percent can form a union. Each establishment can have its own union with 25 workers and 30 percent of its staff, and 250 workers can always form a union whatever the percentage.
Example: In a company of 300 workers a union needs 30 members; in one of 30 workers it needs 15. / No fee.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 227, 2016-09-08 official text · verified 2026-10-26

3. Workers forming a company union are protected from dismissal from 10 days before the founding assembly to 30 days after it (up to 40 days). Union directors are protected from election until six months after leaving office, and the employer may not change their duties or place of work. One worker representative on each mandatory safety committee is also protected.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 221 and art. 243, 2003-01-16 official text · verified 2026-10-26

4. Anti union practices include obstructing union formation, threatening job losses or closure, dismissing workers for intending to unionise, offering special benefits to discourage unions, interfering in union affairs, discriminating between unions, and extending collectively bargained benefits to non members outside an agreed extension. Fines run from 5 to 25 UTM in micro companies, 10 to 50 in small, 15 to 150 in medium and 20 to 300 in large companies, and the court orders immediate reinstatement of protected workers dismissed, with back pay.
Example: Up to CLP 21,645,300 for a large company. / About US$21,940.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 289, art. 290 and art. 292, 2003-01-16 official text · verified 2026-10-26

5. Collective bargaining takes place in private companies and those with state participation, but not in companies funded more than 50 percent by the state in either of the last two years (with exceptions) or those tied to the Ministry of Defence. Managers with general administrative powers cannot bargain collectively, and in micro and small companies neither can senior trust staff, provided this is stated in their contracts.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 304 and art. 305, 2016-09-08 official text · verified 2026-10-26

6. Subjects of bargaining are matters of common interest, especially pay, benefits and working conditions, and may include work life balance, equal opportunity plans, training and dispute mechanisms; matters limiting the employer's right to organise, direct and manage the company are excluded. Large companies must give company unions their annual balance sheet, income statement and audited financial statements within 30 days of availability.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 306 and art. 315, 2016-09-08 official text · verified 2026-10-26

7. Regulated bargaining starts when the union presents its draft collective contract. The employer must answer within 10 days (extendable by agreement up to 10 more), covering all clauses; if it has not answered by day 20, it is deemed to accept the draft. The answer must contain at least the negotiation floor: the terms of the current collective contract at their current values (excluding indexation, real increases, special working conditions pacts and signing bonuses), or if none exists, benefits no lower than those regularly paid. Members are protected from dismissal from 10 days before the draft until 30 days after signing.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 309, art. 327, art. 335, art. 336 and art. 337, 2016-09-08 official text · verified 2026-10-26

8. Collective contracts last two to three years. On expiry their clauses survive in individual contracts, except indexation, agreed real increases, collective rights and special working condition pacts. The union may at any time end bargaining by demanding a contract on the floor terms, which lasts 18 months. The parties may agree to extend collectively bargained benefits to non members, who then pay all or part of union dues.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 322, art. 324, art. 325 and art. 342, 2016-09-08 official text · verified 2026-10-26

9. The employer may present a formal last offer at least two days before the strike vote. The strike is voted personally and by secret ballot before an official witness, within the last five days of the current contract or, if there is none, of a 45 day period from the draft, and needs the absolute majority of the workers the union represents; it starts at the beginning of the fifth day after approval.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 346, art. 347, art. 348 and art. 350, 2016-09-08 official text · verified 2026-10-26

10. Strikes are a collective right and replacing striking workers is prohibited, a serious unfair practice that lets the Labour Inspectorate demand the replacements' immediate withdrawal and go to court. The strike does not affect non striking workers. A principal company may still have subcontracted work that stopped because of a contractor's strike performed directly or by a third party.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 306, last paragraph, and art. 345, 2016-09-08 official text · verified 2026-10-26

11. During a strike, the union must provide an emergency team to deliver the minimum services strictly needed to protect property and installations, prevent accidents, ensure public utility services and basic needs, and prevent environmental or health damage; if it does not, the company may take the necessary measures, including hiring, and must inform the Labour Inspectorate. Workers in companies providing public utility services or whose stoppage would seriously harm health, the economy, supplies or national security cannot strike; the list is fixed every two years in July by joint ministerial resolution.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 359 and art. 362, 2016-09-08 official text · verified 2026-10-26

12. Minimum services and emergency teams must be settled before bargaining starts. The employer proposes them in writing to all unions at least 180 days before the current collective contract expires, or within 15 days of being notified that a new union was formed (bargaining cannot start meanwhile); unions answer within 15 days and the parties have 30 days to agree, failing which either may ask the Regional Labour Directorate, which decides within 45 days.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 360, 2016-09-08 official text · verified 2026-10-26

13. Once a strike is in effect the employer may declare a total or partial lockout, for at most 30 days from the start of the strike or until it ends. Individual strikers may return to work from day 16 of the strike in large and medium companies (day 6 in micro and small) if the last offer met the legal minimum (current terms indexed to CPI plus yearly CPI indexation), or from day 30 (day 16) otherwise.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 20.940, Art. 353 and art. 357, 2016-09-08 official text · verified 2026-10-26

Day	Step	Article
Day minus 10	Bargaining protection (fuero) starts for union members	Art. 309
Day 0	Union presents the draft collective contract	Art. 327 and art. 328
Day 10 (up to 20 by agreement)	Employer answers with at least the negotiation floor	Art. 335 and art. 336
Day 20	Unanswered draft deemed accepted	Art. 337
Answer plus 5 days	Copy of the answer filed with the Labour Inspectorate	Art. 338
At least 2 days before the vote window	Employer may present its last offer	Art. 346
Days 41 to 45	Strike vote	Art. 348 and art. 350
Fifth day after approval	Strike starts	Art. 350
Up to 30 days of strike	Possible lockout	Art. 353

Regulated collective bargaining timeline when no collective contract exists (Código del Trabajo)

Worked example

A mining services company with 300 workers in Antofagasta receives a draft contract on 1 March. It must answer by 11 March (or 21 March if the parties agree an extension), offering at least what it regularly pays the represented workers. If no agreement is reached, the strike vote falls between days 41 and 45 and the strike can start on the fifth day after approval.
During the strike it cannot bring in replacements, but the union must staff the agreed minimum services to protect the plant. If it offered current terms indexed to CPI as its last offer at least two days before the vote, strikers may return individually from day 16.

Step by step

Train managers on anti union practices before any organising campaign.
At least 180 days before the current collective contract expires (or within 15 days of being told a new union exists), propose minimum services and emergency teams in writing to all unions, copied to the Labour Inspectorate; without agreement within 30 days, either side may ask the Regional Labour Directorate to decide (art. 360).
Keep a register of protected workers (founders, directors, bargaining members) and do not dismiss them without a court order.
On receiving a draft, calendar the 10 day answer deadline and prepare an answer that covers every clause and meets the floor.
Give company unions the annual financial statements within 30 days if the company is large.

Common traps

Missing the answer deadline is fined and, after day 20, means the union's draft is deemed accepted (art. 337).
Giving non members the same bargained benefits without an extension agreement is an anti union practice (art. 289 letter h)).
Using temporary agency staff or new hires to replace strikers is prohibited (art. 345 and art. 183-P).
A collective contract's clauses survive its expiry in individual contracts (art. 325).

Sources

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