Chile/ 5.1 General legislation  

5.1.6 Labour laws

Chilean employment may be found in the Labor Code (Chilean National Congress, 2003c). Law No. 19,889 on art and culture was passed in 2003 (Chilean National Congress, 2003b) amending the Labor Code and introducing regulation on employment conditions and hiring workers for the arts and performances. Provisions on hiring workers for the arts and performances may be found in Chapter IV of the Labor Code.

Arts and performance workers include, among others:

-        Theater, radio and cinema, internet and television actors

-        Folklore artists

-        Circus artists.

-        Puppeteers.

-        Choreographers and dance interpreters.

-        Singers and musical directors and performers.

-        Stage designers.

-        Technicians and assistants from the film, audiovisual, performing arts, and design and editing areas.

-        Authors, playwrights, script writers, dubbing technicians, composers.

-        Generally, such professionals work in circuses, radio, theater, television, cinema, recording or dubbing studios, film studios, nightclubs or cabarets, or any other venue where an artist or musician’s image is presented, projected, broadcasted, photographed or digitalized, or where voice or music is recorded or broadcasted, through electronic, virtual or other media, for any purpose, whether cultural, commercial, advertising or otherwise.

Among the law’s most relevant provisions are those stating that contracts for artists and performers may not affect the contracted artist’s creative freedom, that working hours shall be agreed at the beginning of service provision, and may not exceed 10 hours, stating the exemption from time off on Sundays and holidays, although employers shall assign a day of rest in compensation. Similarly, and if performances are held in cities other than those where workers reside, the employer shall pay for or provide transport, food and lodging. The artist may not be excluded from activities inherent to performances or artistic projects such as rehearsals or preparatory activities. The contract’s provisions shall not affect the intellectual property rights of authors, composers, artists, interpreters and performers.

For further details on Chilean employment law and regulations on artistic work and performances, visit: http://www.dt.gob.cl/legislacion/1611/articles-95516_recurso_1.pdf.


Chapter published: 28-12-2013


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