Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Chile - 2018
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- Labor Code [LC], consolidated version, DFL No. 1, as last amended by Act 20949 (Ley 20949) of 17 September 2016 (Código del Trabajo, texto refundido, coordinado y sistematizado - available in Spanish only)
Date: 17 Sep 2016; view website » (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation = severance pay (30 pays/year of service with a maximum of 330 days) increased by:
- 30% if a dismissal based the requirements of the undertaking is declared unjustified, unfair or unlawful by the court.
- 50 % if the court rules unjustified termination of employment due to unforeseen circumstances or force majeure;
- 80% if a dismissal based on unduly conduct or serious breach of obligations set forth in the contract is declared unjustified
- 100% if the alleged reasons for dismissal are serious misconduct, acts or negligence seriously affecting the safety of the establishment and deliberate material damages (art. 160, 1), 5) 6) LC) and the court rules that there were no plausible grounds for dismissal.
Reinstatement available: Yes
Preliminary mandatory conciliation: Yes
Competent court(s) / tribunal(s): labour court
Existing arbitration: No