Overtime and Break Laws in Chile (2026)
Código del Trabajo (as amended by Ley 21.561, 40 horas) · Reviewed 2026-10 · Private-sector employees
Overtime
1.5x for hours past the 42-hour week (since 26 April 2026) or past a shorter agreed schedule.
Breaks and lunch
A meal break of at least 30 minutes splits the workday. It is not counted as working time, so unpaid unless agreed otherwise.
Overtime in Chile
- 1.5x pay for hours past 42 in a week.
- Ley 21.561 phase-in: 44 hours from 26 Apr 2024, 42 from 26 Apr 2026, 40 from 26 Apr 2028.
- The week must be spread over 5 to 6 days, with at most 10 ordinary hours a day.
- Overtime needs a written pact and is capped at 2 hours a day. Hours past the agreed schedule with the employer's knowledge count as overtime.
- Hours can average 42 a week over up to 4 weeks. By written agreement, overtime can be swapped for up to 5 extra days off a year, used within 6 months.
Averaging over a pay period: Allowed, averaging over up to 4 weeks (Ley 21.561)
What two weeks of work come to
Worked out by the rule above (1.5x after 42h in a week). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 84 | 16 |
| 6 days of 9 hours, two weeks (108h) | 84 | 24 |
| 50 hours, then 30 hours (80h) | 72 | 8 |
Breaks and lunch in Chile
- Meal break: 1 × 30 minutes, unpaid, on any shift.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | 1 × 30 min, unpaid |
| 6 hours | None | 1 × 30 min, unpaid |
| 8 hours | None | 1 × 30 min, unpaid |
| 10 hours | None | 1 × 30 min, unpaid |
| 12 hours | None | 1 × 30 min, unpaid |
- Art. 34 sets no hour threshold, modeled as afterHours 0.
- Parties may agree that the break counts as working time.
- Ley 21.561 did not change the meal-break rule.
Pay by Chile rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Chile: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Chile?
1.5x for hours past the 42-hour week (since 26 April 2026) or past a shorter agreed schedule.
Can overtime be averaged over two weeks or a pay period in Chile?
Allowed, averaging over up to 4 weeks (Ley 21.561)
What breaks are required in Chile?
A meal break of at least 30 minutes splits the workday. It is not counted as working time, so unpaid unless agreed otherwise.