Countries › Chile › Guide › 16. What is normal abroad but not here › At least 85 percent of staff must be Chilean

At least 85 percent of staff must be Chilean

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

Abroad, an employer can usually hire any nationality it can get work authorisation for; in Chile at least 85 percent of the workers of one employer must be Chilean. The rule applies only above 25 workers, counts all staff in Chile together, and excludes specialised technical staff. Foreigners with a Chilean spouse, civil partner or children, widowed of a Chilean spouse, or resident more than five years count as Chilean.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CVE 2891564). UF amounts use the SII value of CLP 41,221.08 for 26 October 2026 and UTM amounts the SII value of CLP 72,151 for October 2026. Conversions are for orientation only.

Key facts

Minimum share of Chilean workers (employers above 25 workers)	85 %Código del Trabajo, art. 19 and art. 20, as of 2026-10-26 · in force
Workers below which the quota does not apply	25 workersCódigo del Trabajo, art. 19, as of 2026-10-26 · in force

The rule

1. At least 85 percent of the workers serving one employer must be of Chilean nationality. Employers with no more than 25 workers are exempt.
Cost to do it: No fee; a staffing constraint.
Example: A company with 25 workers can have any mix; with 26 it must meet the 85 percent ratio. / No US dollar effect.DFL Nº 1 of 2002, Código del Trabajo, Art. 19, 2003-01-16 official text · verified 2026-10-26

2. To compute the ratio: the total number of workers the employer has in Chile is counted, not each branch separately; specialised technical staff are excluded; foreigners whose spouse, civil partner or children are Chilean, or who are widowed of a Chilean spouse, count as Chilean; and foreigners resident in Chile for more than five years, ignoring occasional absences, also count as Chilean.
Cost to do it: Documentation of exclusions and residence.
Example: A subsidiary with 40 workers, 3 of them foreign technical specialists, counts 37; at least 32 must be Chilean (85 percent of 37 is 31.45, rounded up), so up to 5 other foreigners may be hired. / No US dollar effect.DFL Nº 1 of 2002, Código del Trabajo, Art. 20, 2003-01-16 official text · verified 2026-10-26

Counted workers	Minimum Chilean	Maximum other foreign
25	Not applicable	No limit
26	23	3
40	34	6
100	85	15
500	425	75

Maximum non exempt foreign workers by headcount (85 percent rule, after excluding specialised technical staff).

Worked example

A mining services company with 100 workers in Chile, 10 of them foreign specialists, counts 90 workers: at least 77 must be Chilean or count as Chilean, leaving room for 13 other foreign hires.

Step by step

Count all workers in Chile under the same employer.
Document which foreigners are specialised technical staff.
Record family ties and years of residence that make foreigners count as Chilean.
Recheck the ratio before each foreign hire once above 25 workers.
Secure the separate immigration work authorisation for each foreign hire.

Common traps

Splitting staff across branches does not help; the count is national per employer.
The specialist exclusion is a technical category, not any senior foreign hire.
Work permits under immigration law do not waive the 85 percent ratio.

Sources

Código del Trabajo, DFL Nº 1 of 2002 (Ley Chile, BCN)

← No dismissal at will: cause, notice and severanceLoan documents pay stamp tax →