2021 Holidays - Chile

Chile Public Holiday Observance Rules

1. When a Public Holiday Falls on a Sunday

- No automatic Monday replacement: Chile generally does not shift a Sunday holiday to the following Monday. The holiday is observed on its actual date.

- Work restrictions (irrenunciable holidays): Some holidays (e.g., Labor Day on May 1, Independence Day on September 18) are classified as “irrenunciable,” meaning most retail workers cannot be required to work. This applies even if the holiday falls on a Sunday.

- Employer discretion: Employers may choose to grant a different rest day to compensate, but there is no legal obligation to move the official holiday.

2. When a Public Holiday Falls on a Saturday

- No official shift: If a holiday falls on a Saturday, it remains on that date. There is typically no mechanism to move it to a weekday.

- Standard practice: If employees normally work Saturdays, they observe the holiday then; if it is already a rest day, the holiday is recognized on the calendar date.

- Work on an irrenunciable holiday: If the Saturday holiday is “irrenunciable,” most retail businesses must close, and employees cannot be compelled to work.

3. Bridge Holidays (Long Weekends)

- No mandatory bridging: Chile does not have a statutory practice of adding a “bridge” day off for holidays falling on a Tuesday or Thursday.

- Movable holidays: A few specific holidays in Chilean law are designated as “movable,” meaning they are shifted to the nearest Monday. For example, some religious holidays like Saint Peter and Saint Paul may be moved to the Monday closest to June 29, but this is set out in the law rather than being an ad hoc bridging rule.

- Employer-based discretion: An employer can voluntarily allow an extra day off to create a long weekend, but it is not legally required.

4. Special Cases for Public Holidays

- Irrenunciable holidays: Certain holidays—such as September 18 (Independence Day), December 25 (Christmas), January 1 (New Year’s Day), and May 1 (Labor Day)—are “irrenunciable” for retail workers, meaning most retail operations must close.

- Religious holidays: Chile observes several Catholic holidays (e.g., Immaculate Conception, Holy Friday). Unless designated as “movable,” they fall on the exact calendar date, without shifting if on a weekend.

- Additional or ad hoc holidays: The government may occasionally declare a one-off holiday by law for significant national events. The law announcing it will specify any special observance rules.

5. Additional Notes

- Legal framework: Chile’s public holidays and observance rules derive from various laws and decrees. Key references include the Labor Code and specific statutes defining holidays.

- Annual holiday calendar: Each year, the government confirms the official holidays and indicates which are movable or irrenunciable.

- Compensation: Employees who must work on a public holiday (if allowed) generally receive either premium pay or compensatory rest, as specified by their contract or collective agreement, and subject to labor law restrictions (especially for irrenunciable holidays).

- Employer flexibility: While the law sets minimum observance standards, employers may offer more generous benefits (e.g., additional days off, bridging days) at their discretion.