It is called Resident Subject to Contract the foreigner who comes to Chile to develop working activities. Also, the spouse, parent and children of both or one of them are granted with this title, provided that they are living at the expense of the visa holder and not performing any paid activity.
In order for a foreign-born worker to work in Chile, he/she must accredit previously residence or legal permanency in the country and be duly authorized to work, which is achieved by means of a signed work contract.
Also, the foreign-born worker may start its working activity, once granted the corresponding residence visa in Chile or the special work permit for foreigners with a visa being processed.
It is necessary to know that the requirements to work in Chile are the following, namely:
On the other hand, the work contract for foreign-born workers in Chile, must comply at least with the following contents:
It is necessary to consider, that the duration of the work contract for the foreign-born worker, may be:
With respect to the above mentioned, the foreign-born worker must have a series of necessary and relevant documents. On the one hand, the former contract settlement, or appearance document, or evidence in writing made by the national Work Inspection Department, which consists in a drawn up and written letter where the worker gives evidence, with a copy, that its former employer ended the labor relation. It also requires a new work contract, that must meet the requirements already described.
On the other hand, it is important to consider that the contingency situation of the foreign-born worker in Chile is regulated by the common and general rules on the subject, that is to say, by the Decree Law Nº 3.500. However, the Law Nº 18.156, grants the possibility of not to pay completely the deduction payments to the foreign-born worker who meets some requirements, it is to say:
It is necessary to make clear that, in case the foreign-born worker does not pay deduction in Chile, he will be deprived of the benefits of the Chilean contingency system, except for those derived from the coverage of industrial accidents and occupational diseases, which deduction payment are mandatory for the employer.
Similarly, the hiring of foreign-born-workers is subject to inspection, according to what stated in the regulations of the Foreign Legalization Service, dependent on the Ministry of Interior, through the Department of Foreign Legalization and Migration.
The inspection of the work, contingency, hygiene and security according to the Work Code, are of exclusive competence of the Work Directorate, bound to protect all workers, without exception, whether Chilean or foreign-born citizens.
At last, it is necessary to stress that there are certain special situations of the foreign-born worker in Chile, that is to say, a subject to work contract residence visa may be granted for free and without a written contract, when it comes to artists, scientists, teachers, writers, and in general, people of special relevance in the cultural field or highly prestigious figures. Besides, when they are sponsored by public or private institutions of a recognized solvency. And, when their activities are performed with charitable, teaching or diffusion purposes.