Scheduling mistakes that end in a fine in Chile
Reviewed on October 23, 2026 · 3 min read
In short
Fines range from 1–5 UTM for a micro company to 3–60 UTM for a large one, depending on severity. The most common working-time ones: exceeding 42 weekly or 10 daily hours, more than 2 overtime hours a day, overtime without an agreement or unpaid, missing the two Sundays off or the 33-hour rest, and no attendance record.
Most working-time fines a Chilean restaurant receives don't come from a decision, they come from a schedule: a week over the maximum, a month without the Sundays, overtime nobody agreed. This guide gathers the most frequent working-time infringements and what they cost.
What a fine costs
The amount depends on the size of the company, by number of workers (article 505 bis), and is set in UTM (Unidades Tributarias Mensuales, a monthly inflation-indexed tax unit).
Para la micro empresa de 1 a 5 unidades tributarias mensuales. Para la pequeña empresa de 1 a 10 unidades tributarias mensuales Tratándose de medianas empresas, la sanción ascenderá de 2 a 40 unidades tributarias mensuales. Tratándose de grandes empresas, la sanción ascenderá de 3 a 60 unidades tributarias mensuales.
That is 1–5 UTM for a micro company, 1–10 for a small one, 2–40 for a medium one and 3–60 for a large one. Within that range, the infringement is classed as minor, serious or very serious according to its nature, the rights affected, the number of workers affected and the employer's conduct. The Labour Directorate's inspection manual turns that into a table:
| Company | Workers | Minor | Serious | Very serious |
|---|---|---|---|---|
| Micro | 1 to 9 | 3 UTM | 4 UTM | 5 UTM |
| Small | 10 to 49 | 6 UTM | 8 UTM | 10 UTM |
| Medium | 50 to 199 | 24 UTM | 32 UTM | 40 UTM |
| Large | 200 or more | 36 UTM | 48 UTM | 60 UTM |
Having been fined for the same thing before, or the infringement affecting a large share of the team, raises the class. The UTM's value changes every month; check it at the time you calculate.
The most common working-time infringements
From the Labour Directorate's infringement catalogue (tipificador), updated to 15 September 2026:
| Code | Infringement |
|---|---|
| 2501-q | Exceeding the 42-hour ordinary weekly maximum |
| 1027-b | Exceeding the 10-hour ordinary daily maximum |
| 1031-a | Exceeding the maximum of 2 overtime hours a day |
| 1032-a | Not agreeing overtime in writing |
| 1033-a | Not paying overtime, or paying it without the surcharge |
| 1034-a | Not keeping an attendance record |
| 1038-a | Not granting the compensatory weekly rest |
| 1039-a | Not granting two Sundays off in the month |
| 1037-h | Granting less than 33 continuous hours of rest in restaurants and similar businesses |
| 1010-b | Changing the distribution of working hours without meeting the legal requirements |
There are also special fines outside this table. For example, requesting work during the break of an article 34 bis interruption agreement carries a fixed fine of 60 UTM.
If the company is micro or small
The law offers two kinds of relief:
- Time to correct. If the infringement poses no imminent risk to workers, the inspector can grant at least five working days to correct it (article 506 bis).
- Training instead of the fine. Once a year per infringement, the fine can be replaced with an assistance or training programme, requested within 30 days (article 506 ter).
Why almost all of them are avoided before publishing
Look at the table again: apart from the attendance record, every infringement can be seen in the schedule before it happens. A week over 42 hours, a month without two Sundays off, a day off with less than 33 hours of rest around it: all of that is in the schedule on the day it is published.
The cheapest way not to pay these fines is to check each person's week against their contract before publishing, not after the inspection. Each has its own guide: overtime, Sundays off, weekly rest and the attendance record.
How Batuta handles it
Batuta checks the schedule against each contract's rules before publishing: weekly hours, rest days, Sundays off, consecutive days and the 33 hours around each day off. Anything that doesn't comply is flagged with the person and the day, so it can be fixed while it is still a schedule and not an infringement.
Frequently asked questions
- What is the fine for not giving the two Sundays off?
- It depends on company size and severity: under the Labour Directorate's inspection manual, 3 to 5 UTM for a micro company, 6 to 10 for a small one, 24 to 40 for a medium one and 36 to 60 for a large one.
- Can a micro company avoid the fine?
- It can be given at least five working days to correct the issue if there is no imminent risk, and once a year per infringement it can ask, within 30 days, to replace the fine with training.
- Are fines charged per worker?
- For the working-time infringements in this guide, the catalogue does not say the fine is per worker. Some other infringements do say so expressly.
Sources
This guide explains Chilean law for information only and is not legal advice. Legal quotations are given in the original Spanish, the authoritative text, and each links to its official source; if something changed after the review date, the source prevails.