Chile’s labour reform under Law No. 21,561 enters a key implementation phase in 2026, with the reduction of the standard working week from 44 to 42 hours. This marks more than a change in working time; it reflects a broader shift in compliance expectations, increasing employer obligations around accurate time recording, payroll alignment, and regulatory reporting. For organisations operating in Chile, Time & Attendance (T&A) systems are becoming a critical component of compliance infrastructure, as the Labor Directorate places greater emphasis on digital traceability, system integrity, and audit readiness.
A Structural Reform Moving into Its Next Phase
Law No. 21,561, introduced in April 2023, established a phased reduction of the working week from 45 to 40 hours over five years. Following the initial reduction to 44 hours in April 2024, the next mandatory milestone takes effect on 26 April 2026, reducing the statutory limit to 42 hours per week.
This change extends beyond contractual adjustment. It requires organisations to reassess how working time is recorded, monitored, and evidenced, with increasing reliance on digital systems capable of supporting regulatory inspection and compliance verification.
Key Legal and Operational Changes for Employers
The 2026 reform introduces more structured working time controls, requiring organisations to review how scheduling, attendance, and compensation processes are managed in practice.
Working Time Reduction and Scheduling Impact
- The standard working week is reduced to 42 hours
- Reductions must generally be applied proportionally across working days unless otherwise agreed
- Base remuneration remains unchanged despite reduced working hours
- Workforce planning and scheduling models must be reviewed and adjusted accordingly
Expansion of Electronic Attendance Requirements
- Increased reliance on certified electronic Time & Attendance systems
- Broader application across the workforce, with fewer exemptions
- Greater expectation of consistent organisation-wide attendance capture
Flexible Working Arrangements for protected Employees
- Parents and caregivers of children under 12 may adjust start and finish times by up to one hour
- Daily working hours remain unchanged, requiring precise system configuration
- T&A platforms must correctly distinguish authorised flexibility from non-compliance
Overtime Compensation via Rest Days
- Up to five additional rest days per year may be granted instead of overtime payment
- Requires prior written agreement between employer and employee
- Necessitates full integration between Time & Attendance, payroll, and absence management systems
Heightened Expectations for Time & Attendance Systems
The Labor Directorate is increasing its expectations around electronic attendance systems, positioning them as a central pillar of labour compliance rather than an operational tool.
To meet regulatory requirements, systems must ensure:
- Fully auditable, tamper-resistant attendance records
- Complete traceability of any adjustments or modifications
- A single, centralised system of record across the organisation
- Automated reporting capabilities covering:
- Weekly working time compliance against the 42-hour limit
- Daily and weekly rest period adherence
- Overtime tracking and compensation activity
Failure to meet these standards may result in financial penalties, corrective measures, and the potential loss of legal validity of attendance records in inspections or disputes.
Integration Across HR, Payroll and T&A Systems
As regulatory expectations increase, disconnected workforce systems present a growing compliance risk. Employers are expected to operate fully integrated environments where HR, payroll, and attendance data align in real time.
This requires:
- Synchronisation of recorded hours with payroll processing
- Accurate tracking of overtime and compensatory leave entitlements
- Consistent application of working time rules across all employee groups
- Automated updates aligned with statutory requirements
Without this level of integration, organisations may face inconsistencies in reporting and increased exposure during regulatory inspections.
What This Means for Employers in Chile
The 2026 milestone represents a shift towards continuous, system-driven labour compliance. Employers relying on manual processes or fragmented systems will face increasing operational pressure as inspection standards become more data-led and immediate.
Organisations should now assess whether their current infrastructure can:
- Support dynamic working time adjustments at scale
- Deliver audit-ready reporting on demand
- Maintain alignment with evolving regulatory expectations
- Integrate workforce, payroll, and absence data effectively
Chile – Global Insights
For further detailed guidance on labour compliance, working time regulations and payroll obligations in Chile, visit our Chile Global Insights on the activpayroll website.
Next Steps
For further guidance on managing these updates and ensuring compliance with Chile’s 2026 working time reforms, please complete our Contact Us form and a member of our expert team will be happy to assist with your queries.