We invite you to read the column written by our partner Jorge Arredondo on the projections and challenges for 2026 in labor matters.
The Karin Law and the so-called 40-hour Law will continue to pose challenges in 2026. This year, companies must reach 42 hours, while the manner in which this reduction should be implemented remains debatable. On the other hand, the administrative doctrine of the Labor Directorate regarding when immediate superior supervision exists or does not exist, in order to make exemption from working hours plausible, is a criterion that has generated a certain degree of rigidity.
Both will be aspects to observe in 2026. Meanwhile, due to the Karin Law, last year we saw an overwhelmed DT, which led to the application of a criterion for the admissibility of complaints. This can be a good tool, as many cases may not be related to the purpose of the regulation.
But if the DT can apply it, companies should also be able to do so in cases of internal complaints. This would be an important aspect to review in 2026. In addition, due to delays in investigations, the DT has determined as a safeguard measure, for certain cases, that the employer grant paid leave.
This implies the absolute restriction of one of the employer’s obligations, namely the provision of the agreed work. Therefore, it is also a measure that needs to be reviewed. Another major challenge in 2026 will be to clearly define the interaction and intervention of the whistleblower, the accused, and the company.
In many cases, there will be conflicting interests, the management of which must be clearly determined. The challenge this year will therefore be to move towards a labor system that combines protection, flexibility, and productivity.
Column written by:
Jorge Arredondo | Partner | jarredondo@az.cl
