Labour and employment in Chile

Leading, full-service law firm Carey fields a large, 21-strong labour and employment practice group that is expert in major collective bargaining matters, as well as labour litigation involving wrongful dismissal, sexual harassment, fundamental rights, anti-union practices, and work-related accidents. The firm’s clients additionally benefit from the department’s assistance throughout the life cycle of company employees, ranging from hiring processes, taxation, social security issues, and compensation packages (including stock-related plans), to terminations, corporate policies, labour auditing, compliance, internal investigations, sub-contracting and labour due diligence during M&A deals. The firm also houses a robust corporate immigration practice that assists with work permits and visa applications. The practice is co-led by Oscar Aitken (a senior partner), who is primarily focused on leading the firm’s collective bargaining, unions and labour litigation practices; and Francisca Corti (a partner since 2017), whose workload spans labour and employment law, social security and corporate immigration. The strong second line of advisers include Francisco Arce (a partner since May 2021), along with associates Carla Karzulovic, Constanza Trisotti and Valentina Kuscevic.

The seven-member employment and immigration department at Barros & Errázuriz provides advice on a daily basis to over 60 different clients from a diverse range of industries, such as copper-related extraction, water desalination, mining, and food and restaurants, along with the automotive, manufacturing and telecoms sectors. It has also experienced notable growth in litigation, collective bargaining and immigration matters, as well as compliance work. Team head Juan Cristóbal Iturrate‘s work focuses on the development of the practice’s five sub-departments, covering due diligence, collective bargaining, judicial matters, internal audits, and immigration and day-to-day legal advice. The key senior associates are employment, labour and corporate immigration law expert María Fernanda Espinosa, Carolina Carrillo (corporate labour, trials and collective bargaining), and individual and collective labour law specialist Pavel Alvarez. Since publication, Carillo has left the firm to join Álamos & Squella as partner and head of the firm’s labour practice – effective February 2022.

Chilean member-firm of the L&E Global employers’ counsel alliance, Cariola Díez Pérez-Cotapos‘ five-member department is well known for its expertise in collective bargaining, immigration and the labour issues surrounding company restructurings; it also has substantial experience in compensation packages, stock options plans and the tax aspects of labour benefits; it is also increasingly active in litigation. The team is particularly active in the retail, mining, IT, aviation, mass consumer products, manufacturing and technology sectors; notably, it has also developed a labour-related data privacy practice. Practice head Ricardo Tisi focuses on advising companies on labour, social security and immigration matters, with associate-level support provided by Bárbara Zlatar, Sebastián Krebs, Josefina Rivera and Teresita Melero, the latter joining from the firm’s civil, corporate and commercial law department in 2020. Since publication, Zlatar and Ignacia López have been raised to the partnership – effective January and April 2022, respectively.

CMS Carey & Allende‘s six-member labour practice covers an array of areas, ranging from day-to-day matters, labour contracts and special employment conditions, to compensation packages and contentious matters (such as employee dismissals), and collective bargaining. Other areas of strength include social security, bi-national treaties and labour audit compliance services, M&A-related labour due diligence, foreign employees’ immigration requirements, and representation in administrative and judicial proceedings. The practice also fields sector expertise in mining, engineering, energy, consumer products, technology, finance and construction. Practice head Enzo Canales focuses on advising domestic and international clients on all aspects of labour law work, including arrangements for foreign workers, international social security agreements, collective bargaining and trials; and Julio Frías (labour litigation, collective bargaining, trade unions and conflict resolution) is the senior associate to note.

The eight-member labour and employment practice at full-service firm Philippi Prietocarrizosa Ferrero DU & Uría covers sophisticated day-to-day and transactional advice, as well as strategic assistance during conflicts with both unions and individual employees; typical work ranges from due diligence-related labour aspects, transaction structuring, defending clients’ interests during labour trials, and collective bargaining. The practice is co-led by Paulina Miranda (the first female partner in the multi-jurisdictional firm’s Santiago office), who focuses on international employment law, as well as new areas such as #MeToo, gender pay gaps, the gig economy, AI, diversity, data privacy, internal investigations and compliance; and practice director Sergio Montes (at Eyzaguirre Burlé Montes & Ossa until 2019), who is a highly rated labour and social security law expert. Former senior associate Andrea Papi left the firm in October 2020. Since publication, Montes has been raised to the partnership, effective January 2022.

Labour and employment law boutique firm Sáez & Fernández was launched by Raúl Fernández (complex labour litigation and strategic labour advice) and labour law expert Felipe Sáez in 2016. Currently standing at nine members, the practice has notable labour relations and litigation expertise, and constantly works with the country’s largest mining companies, along with major telecoms and transportation-sector entities, among others. ‘Dedicated to excellence‘, labour litigation and labour consultancy specialist Andrés Dighero (previously at Alessandri & Compañía Abogados) was hired as partner in June 2019, while attorney Pablo Fuenzalida’s experience includes unfair labour practice suits. Despite the loss of former associates Luis Celis  and Isaías Rodríguez  (in October and November 2020, respectively), the firm continues to grow, hiring four associated during the course of the year.

DLA Piper Chile‘s four-member practice advises on a diverse range of employment law matters, including collective bargaining, complex employment litigation, implementing compensation schemes for employees, and termination of high-level officers. It also has a strong day-to-day practice, which assists with internal investigation, redundancies, hiring processes and dismissals, as well as labour-related due diligence for transactions, labour compliance and corporate immigration. Leading the firm’s labour and employment practice group, Luis Parada is a labour and employment and corporate immigration specialist. At associate level Gabriela Andrade was hired in January 2021 from EY Chile, and Ignacio Abogabir  was incorporated in November 2020 after over two years with the Chilean government. Former counsel Juan Pablo Mesías  left the firm in January 2021.

Grasty Quintana Majlis – in association with Clyde & Co’s labour and employment practice (including three associates who focus exclusively on labour and employment law-related matters) is led by labour law specialist Christian Alvarado, who focuses on strategy design, as well as the implementation, development and maintenance of harmonious labour relations between employees, employers and unions. The group was recently particularly active in relation to the effects of the Covid-19 health emergency, primarily in terms of reorganisations, terminations, lawsuits and collective negotiations. Associates Patricio Riquelme and Lily Torrejón are particularly noted.

Recent work areas for Guerrero Olivos’ labour, employment and migration group include labour-related corporate matters (particularly M&A and reorganisations), and on the  contentious side, a considerable caseload involving unfair dismissals, anti-union practices, fundamental rights, work-related accidents, and collective bargaining. In the migratory and expatriate space, the group is especially focused on the mining and energy sectors. Promoted to partner in late 2019, team leader Rocío García de la Pastora specialises in labour law and litigation, collective bargaining, strategic labour plans and corporate labour. Key associate support is provided by Sergio Fuica (fundamental rights and labour disputes), and collective bargaining, labour litigation and corporate labour expert Tomas Garnham.

Porzio Ríos García's five-member practice ranges from collective bargaining, restructurings, discrimination and unfair labour practice litigation to health and safety regulations, compliance and internal investigations, employee benefits, social security and global mobility. Other areas of expertise include immigration, executive transfers, M&A processes and training. The team also has expertise in mining-related employment matters. With over 20 years’ labour and employment experience, Ignacio García heads the department, which includes social security, labour and employment specialist Fernando Villalobos and ‘highly articulate’ associate Laura Kottmann.

‘With high levels of practical and regulatory knowledge‘, the six-member labour, employment and immigration department at Prieto Abogados has a significant track record in labour litigation, corporate-related labour advice, and collective bargaining processes. The practice’s co-heads are Christian von Bergen, whose broad practice covers human resource administration and strategies for major companies, along with collective bargaining processes and labour law litigation; and Cristóbal Raby (a partner since early 2019), who assists with labour and social security issues (both individual and collective matters), as well as collective bargaining. At associate level, Valentina Flen leads the department’s immigration practice.

The November 2020 merger between Provoste y Cía. and Matamala Abogados led to the creation of Provoste Matamala Abogados, which fields a specialised 21-strong labour and employment law team. Pedro Matamala Souper (litigation, advisory work and collective bargaining) has over 25 years’ experience in labour and employment matters, while fellow name partner Matías Provoste Vargas is a collective bargaining specialist, particularly in relation to the mining industry. Younger partner Raimundo Lira is a litigation specialist and works closely with associate director of the litigation team, María José Cea Catalán. The team also includes a number of noteworthy associates, including seniors Benjamín Calidonio and Andrea Castro Bustamante. Associate Luis Celis, a late-2020 incorporation from Sáez & Fernández, is also noted.

Abdala y Cia‘s representative work ranges from labour litigation to collective bargaining, corporate law-related labour issues, social security, immigration, terminations, and sexual harassment investigations. Assistance from the four-member labour and employment practice also comprises a complete overview of clients’ companies and business. Team leader José Ignacio Arteaga has longstanding experience in labour litigation, collective bargaining negotiations and corporate labour matters; and associate Andrea Abdala Ready (at Morales & Besa until 2018) focuses on regulatory labour, employment and immigration compliance.

Albagli Zaliasnik‘ six-strong department advises on hiring processes, compensation, terminations, subcontracting, due diligence and corporate policies, along with collective bargaining in the technology, pharmaceuticals, life sciences, banking, and oil and gas sectors. The firm also has an experienced litigation practice. ‘Extraordinary lawyer’ Jorge Arredondo (promoted to partner in May 2020) leads the labour and employment group, which includes: collective bargaining, compliance and litigation expert Daniela Hirsch (promoted to director in May 2021); and associate Felipe Neira, who focuses on individuals and businesses’ labour, employment and compliance requirements.

The four-member department at Allende Bascuñán & Cía advises employers on a wide range of employment, social security and occupational health issues. Its clients come from the mining, agriculture, science, aviation, construction and general services sectors (among others). Labour law leader Andrés Garrido’s experience includes advising on scenarios involving discrimination, workplace harassment and fundamental rights; during 2020, his practice also covered Covid-related restructurings, temporary changes to workforces and mass layoffs.

Barros Silva Varela & Vigil’s Roberto Lewin is the partner in charge of the firm’s four-member labour and employment practice, which he founded in early 2019 when hired (alongside senior associate Nicole Lüer) from Vergara, Fernández, Costa & Claro. Lewin advises on preventive labour auditing, restructuring following termination of production, subcontracting, collective bargaining, litigation and salary planning, along with immigration and labour law compliance. Lüer is a human resources and labour relations specialist.

‘Strongly focused on labour litigation’, Bock Abogados houses an eight-member practice that has longstanding experience in labour relations management, collective bargaining and labour disputes. It assists (on an ongoing basis) clients from the telecoms, banking, retail, food production and financial services sectors, along with pharmaceuticals and hotels. Silvia Soto co-ordinates the firm’s advisory and litigation work, as well as collective bargaining matters, while Sebastian Bock and Cristobal Bock provide further partner-level support. Constanza Gamboa is the associate to note.

Bofill, Mir & Álvarez Jana’s labour and employment practice focuses on advising clients from the mining, manufacturing, healthcare, technology and entertainment industries on workforce practices, immigration issues, compliance, and complex negotiations with senior executives and trade unions. Clients also turn to the team for representation in court as well as advice on M&A-related labour matters. Heading the firm’s labour practice, Pablo Gutiérrez assists with business-critical operational matters such as hirings, terminations, compliance and collective bargaining, along with long-term strategic analysis of clients’ employment concerns. Notable support is provided by senior associate Luis Alberto Cruchaga who, since publication, has been raised to the partnership - effective January 2022.

The ‘always available’ seven-member team at Del Río Izquierdo Abogados has significant experience in hirings, terminations, compensation packages and collective bargaining, along with migration issues, subcontracting, due diligence, and labour-related administrative and jurisdictional litigation. Its clients are predominantly from the mining, construction, technology, manufacturing, hotels and beauty sectors. With ‘an eye for detail’, founding partner Eduardo Izquierdo Bacarreza  heads up the labour practice group, while Francisco Bañados Geywitz is litigation practice group director.

ECIJA Otero’s four-strong employment practice advises on the full range of labour issues - including labour restructurings, the dismissal of senior executives and drafting of senior executive contracts, court proceedings and labour inspections, and collective bargaining agreements. The team also has notable expertise in labour issues involving new technologies. The key figures are practice head Gerardo Otero Alvarado (over 30 years’ experience); Dolores Echeverría Faz (elevated to partner in January 2021); and María de los Ángeles Fernández, who was promoted to manager in September 2020.

The four-member team at Larrain y Asociados Abogados is consistently sought out by mining, education, and services industry clients for litigation, labour-related corporate advice, recruitment matters and cross-border employment issues, as well as for collective bargaining, M&A and general advice on employment and social security issues. The department also assists with major litigation involving accidents at work, employees’ fundamental rights, and claims before Chile’s administrative labour authority. Collective bargaining and general labour/corporate advisory specialist Andrés Silva heads the department, which also includes associates Jorge Parro and Miriela González.

With its mid-November 2020 tie-up with Argentine firm Pérez Alati, Grondona, Benites & Arntsen, Schwencke & Cía has become PAGBAM Schwencke Chile. The four-member labour and employment group has extensive experience in litigation and conflict resolution before the labour courts and administrative authorities, company closures, union relations and collective bargaining. It also assists with social security and migration issues. Labour practice director Constanza Ríos Ghio is a specialist in labour law, labour litigation and immigration; while senior associate Fernanda Laborde Poblete assists with employment, immigration and social security matters.

The four-member team at Urenda, Rencoret, Orrego y Dörr is experienced in assisting multinational and local corporations with general labour advisory work, as well as social security and immigration matters. It also advises on collective bargaining procedures, due diligence, and litigation before the Labour Courts and administrative entities. Experienced partner Alberto Rencoret heads up the firm’s labour and employment practice, of which senior associate Sebastián Merino is also a key member.