If you are in Chilean territory, you are a foreigner and you want to start working. Here we leave you the Requirements to Hire Foreigners in Chile.
You will find a step-by-step guide of everything you must do to obtain the necessary permission. You must always bear in mind to comply properly with the Requirements to Hire Foreigners in Chile.
Requirements to Hire Foreigners in Chile
The Chilean government conducted a census where it was determined that there are approximately 1,100,000 residents of foreign origin in the country. These people have entered Chilean territory during the last time, to look for job opportunities and currently have positions in the service area.
The Requirements to Hire Foreigners in Chile, they are detailed below: Acquire a visa that authorizes your stay in Chilean territory, that its approval gives you the possibility of working. And the most important thing is that the visa granted is valid.
If the foreign person (employee) does not have a regular status. There are two options that the employer has to perform, when the foreign worker’s visa is being processed. So these are: Request a work authorization with a tourist visa, which is given instantly.
This one has a validity period of 30 days that can be renewed. Request a permit to work together with the visa application. The permit is granted two or three months after having consigned your visa in process.
Hire Resident Foreigners with Work Permit
Foreign citizens in Chile can start working the moment they acquire the visa as residents. Or, failing that, the special work permit for being foreigners. Listed below are Requirements to Hire Foreigners with work permit:
The company that hires an employee of foreign origin must have a legal domicile address in the country. The contract is signed in Chile in front of a notary. Both by the employer and by the employee or by the person who represents him.
Professional persons and specialized technicians, have to certify the title. The same has to be legalized at the Consulate of Chile from your home country. And then consign in the Ministry of Foreign Relations in Chile.
The employee’s contract must comply with all the corresponding labor and social security regulations. Apart from those stipulated by the Immigration Department of the Ministry of the Interior, and then obtain the work visa.
When the employment contract is subject to a visa, it must contain some provisions such as:
- The date and place of issue.
- The name, nationality, domicile address of the employer and RUT.
- Name, nationality, passport number and address of residence of the employee.
- Activities or tasks to be carried out by the employee in Chile, the place where it will be carried out and the length of the working day.
- Salary stipulation, which cannot be less than the legal minimum salary.
- The date of commencement of activities and duration of the contract.
That is, the employment contract must also have other provisions, which must be drawn up as follows:
Validity Clause: «The duty to provide services derived from this contract. And it can only be fulfilled when the employee has acquired the visa as a resident in Chile. Or a special work authorization for foreigners with a pending visa.
Travel Clause: The employer is obliged to pay the employee and the members of his family when the contract ends. You must also pay for the return ticket to your country of origin or to the one they have previously agreed to, as established by law.
Pension Regime Clause: Here the employer is committed to make the necessary withholdings. And then to present them in the social security organizations. Unless those involved adhere to Law 18,156.
Income Tax Clause: The employer agrees to pay the respective income taxes. On the salary of the foreign employee, for incomes greater than 13.5 UTM.
Regarding the duration of the visa as a resident subject to the contract, it cannot be older than one year. It can have a maximum duration of 2 years, which can be extended for continuous or equal periods.
If the employment relationship ends, the residence permit prescribes. To normalize this you need to find another employer. To manage this, you have 30 days from the end of the employment relationship. Where you have to enter the settlement and a new contract.
The conditions of foreign citizens working in Chile are governed by the basic rules in this regard. Law 18,156 gives the opportunity not to notify in the country the cancellation of pension contributions. To the respective foreign employee and to obey some rules, which are:
- Companies must sign contracts with both technical personnel or foreign professionals.
- The foreign citizen must be registered with a social system that is outside of Chile.
- The employment contract must include a clause related to the pension union outside of Chile.
In the event that the foreign employee is not listed in the country, does not have the possibility to enjoy of the advantages of the Chilean system. Only those from the system that cover occupational accidents and illnesses at a professional level, which the employer must compulsorily contribute.
It should be reviewed if compliance with the rules stipulated on the immigration issue concerns the International Police. The penalties to be charged will be resolved by the regional mayors and the Department of Immigration and Migration.
The revision of the labor, social security, hygiene and safety mandates of the Labor Code. Including foreigners and their additional laws. This office will gives assistance to all employees without making differences between Chilean and foreign citizens.
There are some specific situations, which are established in the Immigration Regulations in its article 42. And it says that a resident visa can be granted subject to a contract. Free of charge and without having a written employment contract, only if the requirements mentioned below are met:
- If the citizen is an artist, scientist, teacher, writer or important individuals in the cultural area or prestigious public figures.
- People sponsored by renowned private or public institutions.
- If the activities they carry out are charitable, advertising or educational.
Hire foreign tourists
The first thing a tourist must do to be hired in Chile is apply for a Tourist Work visa. The requirements are as follows:
Present the passport in original and a fully legible copy (mainly the identification sheets). The number of this, the date of issue and expiration must be legible. In addition to this, the pages with the stamp of the last entry to Chile.
If the foreigner entered the country with other identification documentation, he must consign the original and a copy of his identity card, DNI, etc. Likewise, the original Tourist Card and a fully legible copy.
And finally, an employment contract signed in front of a notary by the employer and the employee. Or proof of the company in which he will work (signed in front of a notary). Where the individuality of the parties and functions to be performed is indicated.
For more information on this, you can go to this link.
Details on the Aliens Law
In Chile, the Immigration Law considers some resident permits and work permits, which are detailed below:
The Temporary Visa
It conditions the holder to perform paid functions with any employer. It starts from the moment when this permit is stamped in the passport. In the meantime, you have the opportunity to apply for a work permit during the visa application process, if you want to start working in a time.
This permit can be accessed by foreign citizens who have a relationship with a Chilean citizen. This link may be a family relationship with a permanent resident.
Also the technicians and professionals of superior category. In the same vein, people who want to invest. Individuals belonging to the states that they are part of Mercosur (Uruguay, Bolivia, Argentina, Brazil and Paraguay).
Visa Subject to Contract
It is a permit as a resident, which adapts the holder to perform functions that are paid. They must be carried out only with the employer who hired him.
Permission to Work with a Student Visa
Legally the foreign citizen who has a student visa, does not have the possibility to work in Chilean territory. This permission can be granted, in order that they do the professional practice. Also sometimes with the aim of covering the cost of their studies.
An Authorization to Work as a Tourist
The law states that tourists cannot work in Chile. Along the same lines, the Provincial Governments and the Department of Immigration and Migration have the power to authorize these citizens in specific cases.
On the other hand, the time allowed is for a period of 30 days, which can be extended. As long as the tourist permit is valid.
It should be noted that all documentation issued abroad must be legalized by the Consulate of Chile in its country of origin. And then it must be taken to the Ministry of Foreign Affairs in Chile.
Resident citizens, with category of «dependents» they are not authorized to carry out paid activities. Therefore, if they want to do them, they have to request a residence permit as holder.
How can foreigners obtain the RUT?
The Unique Tax Role or RUT, is an instrument to recognize, locate and organize citizens. In the same way, to entities that have the quality of taxpayers. In a similar way it is used to specify the commercial activity, in front of mediators with whom there is a commercial or work relationship.
The requirements to obtain the RUT as a foreigner are mentioned below:
Present the updated passport, with stamped resident visa and certificate of having registered in the International Police Foreigners Registry.
Simple copy of the pages of the passport where they contain the following: Identity of the applicant, validity of the visa. Likewise, validity of the passport, the date on which you entered the country and the registration card for foreigners.
In the event that the RUT is requested in a time outside the stipulated time. Have to ask for a special permit in the Department of Immigration and Migration. Citizens who are under 18 years of age, and are holders of a visa or permanent stay. You should know that the RUT is not required until you turn 18 years old.
We hope we have helped you clarify your doubts about the Requirements to Hire Foreigners in Chile. In such a way, that you carry out the corresponding procedures and can be productive in this country.
For more information of interest, you can enter this link to complement the data that we provide you previously.
Good luck with your procedure!
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