Countries › Chile › Guide › 7. Labor and employment › Working hours in Chile: the 42 hour week falling to 40, averaging over four weeks, overtime limits and pay, breaks, Sunday rest and exempt staff

Working hours in Chile: the 42 hour week falling to 40, averaging over four weeks, overtime limits and pay, breaks, Sunday rest and exempt staff

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

The maximum ordinary week in Chile is 42 hours since 26 April 2026 and falls to 40 hours on 26 April 2028 under Ley Nº 21.561, spread over five or six days with at most 10 ordinary hours a day, or averaged over cycles of up to four weeks. Overtime is limited to 2 hours a day, must be agreed in writing for temporary needs for up to three months at a time, and is paid at a 50 percent premium. Managers and staff working without direct supervision are exempt from hour limits, and Sundays and public holidays are rest days except in activities the Code lists.

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

Maximum ordinary working week	42 hoursCódigo del Trabajo art. 22; Ley Nº 21.561, as of 2026-10-26 · in force
Maximum ordinary working week from 26 April 2028	40 hoursCódigo del Trabajo art. 22; Ley Nº 21.561, as of 2026-10-26 · pending
Maximum ordinary hours per day	10 hoursCódigo del Trabajo art. 28, as of 2026-10-26 · in force
Maximum averaging cycle for weekly hours	4 weeksCódigo del Trabajo art. 22 and art. 22 bis, as of 2026-10-26 · in force
Overtime premium on the agreed ordinary salary	50 %Código del Trabajo art. 32, as of 2026-10-26 · in force
Maximum overtime per day	2 hoursCódigo del Trabajo art. 31, as of 2026-10-26 · in force
Maximum term of a written overtime agreement before renewal	3 monthsCódigo del Trabajo art. 32, as of 2026-10-26 · in force
Minimum lunch break (not counted as worked)	30 minutesCódigo del Trabajo art. 34, as of 2026-10-26 · in force
Minimum surcharge on Sunday ordinary hours in retail and services to the public	30 %Código del Trabajo art. 38, as of 2026-10-26 · in force

The rule

1. The ordinary working week is being reduced from 45 to 40 hours: 44 hours from 26 April 2024, 42 hours from 26 April 2026 and 40 hours from 26 April 2028 (the first, third and fifth anniversaries of publication of Ley Nº 21.561). Hours may be distributed per calendar week or as a weekly average over periods of up to four weeks. Absent agreement with the workers or their union, the employer must adjust the schedule by shortening the end of the day proportionally across working days.
Cost to do it: Same monthly pay for fewer hours: the 44 to 42 hour step raised the cost per hour by about 4.8 percent and the 42 to 40 step adds 5 percent.
Example: A CLP 1,000,000 monthly salary for 42 hours buys 40 hours from 26 April 2028 at the same pay. / About US$1,014 a month for 2 fewer weekly hours.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.561, Art. 22 and its note on gradual implementation; Ley Nº 21.561 transitory art. 3, 2023-04-26 official text · verified 2026-10-26 · changed: Maximum week cut from 44 to 42 hours on 26 April 2026; next step to 40 hours on 26 April 2028.

2. Managers, administrators, attorneys in fact with administrative powers and anyone working without immediate superior supervision because of the nature of the work are excluded from the hour limit; disputes are decided by the Labour Inspector. But a worker is presumed to be subject to hours if they must record entry or exit times, have pay docked for lateness, or are directly supervised by a superior on how and when they work.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 22, second paragraph, and art. 42 letter a), 2003-01-16 official text · verified 2026-10-26

3. Where the parties agree to average hours over a cycle of up to four weeks, no week may exceed 45 ordinary hours, and not for more than two consecutive weeks; a calendar must be agreed and the employer chooses among agreed alternatives with one week's notice. Unionised workers need their union's prior agreement, and collective bargaining or direct agreements with unions can raise the weekly ceiling to 52 hours for members. Any hours worked above the average at termination must be paid.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.561, Art. 22 bis, 2023-04-26 official text · verified 2026-10-26

4. The weekly maximum must be spread over no more than six and no fewer than five days, and the ordinary day may not exceed 10 hours. Companies that already worked 40 hours or less, or that move early to 40 hours, may agree to spread the 40 hours over four days.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo; Ley Nº 21.561, Código del Trabajo art. 28; Ley Nº 21.561 transitory art. 8, 2023-04-26 official text · verified 2026-10-26

5. Overtime is time worked beyond the legal maximum or the agreed shorter hours. It may be agreed only for temporary needs of the company, in writing, for up to three months at a time (renewable), and for at most 2 hours a day in work that does not harm health; under the averaging system ordinary plus overtime hours may not exceed 52 a week. Hours worked beyond the schedule with the employer's knowledge count as overtime even without a written agreement.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 30, art. 31 and art. 32, 2003-01-16 official text · verified 2026-10-26

6. Overtime is paid with a 50 percent premium on the agreed salary for ordinary hours, settled with the ordinary pay of the period; if there is no salary or it is below the minimum wage, the minimum wage is the base. The parties may agree in writing to compensate overtime with up to five extra working days of leave a year, at one and a half hours of leave per overtime hour, to be used within six months.
Example: At an hourly ordinary rate of CLP 5,000, each overtime hour costs CLP 7,500. / About US$5.07 ordinary and US$7.60 per overtime hour.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 32, 2003-01-16 official text · verified 2026-10-26

7. The employer must control attendance and hours through an attendance book, time clock or an electronic system that meets the Dirección del Trabajo's requirements. The working day is split with at least 30 minutes for lunch, which does not count as worked time, except in continuous processes.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 33 and art. 34, 2003-01-16 official text · verified 2026-10-26

8. Sundays and public holidays are rest days, with rest running from 21:00 the day before to 06:00 the day after, except in activities authorised to work those days: urgent repairs, continuous processes, seasonal work, essential work for the business, ships, ports, shops and services attending the public, sport and digital platform work. Those employers give one compensatory rest day a week for Sunday work and one for each holiday worked; in continuous processes and retail at least two rest days a month must fall on a Sunday.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 35, art. 36, art. 37 and art. 38, 2003-01-16 official text · verified 2026-10-26

9. In retail and services attending the public (art. 38 Nº 7), ordinary hours worked on Sunday carry a surcharge of at least 30 percent on the agreed salary, and workers get seven additional Sunday rest days per contract year, up to three of which may be swapped for Saturdays only by written agreement; this does not apply to contracts of 30 days or less, jobs of up to 20 hours a week or weekend only contracts.
Example: Eight Sunday hours at CLP 5,000 an hour cost CLP 52,000 instead of CLP 40,000. / About US$52.71 instead of US$40.54.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 38 and art. 38 bis, 2003-01-16 official text · verified 2026-10-26

10. Parents and carers of children up to 12 may move their start time up to one hour earlier or later (a two hour band), unless the business hours or the nature of the job (public service, shifts, emergency work) do not allow it.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 27, 2003-01-16 official text · verified 2026-10-26

From	Maximum ordinary week	Status
Before 26 April 2024	45 hours	Repealed
26 April 2024	44 hours	Superseded
26 April 2026	42 hours	In force
26 April 2028	40 hours	Scheduled by law

Weekly hour cap under Ley Nº 21.561 (Código del Trabajo art. 22)

Worked example

A plant runs a five day, 42 hour week (8 hours 24 minutes a day). From 26 April 2028 it must reach 40 hours; without agreement, the employer shortens each day proportionally (Ley Nº 21.561 transitory art. 3).
A worker earning CLP 5,000 an hour works 2 extra hours a day for 10 days under a written three month overtime agreement: 20 hours at CLP 7,500, or CLP 150,000 (about US$152), paid with that month's salary. Alternatively the parties can agree to turn those 20 hours into 30 hours of extra leave.

Step by step

Review every contract and schedule for the 26 April 2028 step to 40 hours; agree the redistribution with workers or the union, or apply the proportional default.
Install an attendance system that meets Dirección del Trabajo rules (art. 33), including for remote workers who are not exempt.
Sign overtime agreements in writing, tied to a temporary need, for up to three months, and pay overtime with the same month's salary.
Document exempt status for managers and unsupervised staff in their contracts, and avoid clocking or docking them.
If the business opens on Sundays, check it falls within art. 38 and plan compensatory days, two Sundays off a month and, in retail, the 30 percent surcharge and seven extra Sundays.

Common traps

Making an "exempt" manager clock in or docking pay for lateness revives the hour limit and creates overtime claims (art. 42 letter a)).
Overtime worked with the employer's knowledge is payable even if no written agreement exists (art. 32).
Under averaging, a union member's schedule needs the union's prior agreement (art. 22 bis).
A four day week is only available at 40 hours or less (Ley Nº 21.561 transitory art. 8).

Sources

← Employment contracts in Chile: written contract, fixed term and specific job contracts, part time, the 85 percent Chilean staff rule, internal regulations and hiring restrictionsMinimum wage in Chile: CLP 553,553 a month from May 2026, the youth and senior rate, inflation indexation in January 2027, part time proration and family allowance →