As of April 26, 2026, the second stage of the gradual reduction of the ordinary working week comes into effect, reducing the maximum weekly working hours from 44 to 42 hours.
Law No. 21,561 established a gradual and progressive reduction of working hours, ultimately reaching a 40-hour workweek:
| Date | Weekly Working Hours |
| April 26, 2024 | 44 hours |
| April 26, 2024 | 42 hours |
| April 26, 2024 | 40 hours |
To implement this reduction, the third transitory article of Law No. 21,561 establishes the following rules:
- • The adjustment must be made by mutual agreement between the parties (employer and employee, or employer and union representing its members).
- In the absence of agreement, the employer must adjust the working schedule by proportionally reducing working hours across the different working days, considering the weekly distribution.
Law No. 21,755 (published on July 11, 2025) clarified what is meant by “proportional reduction” in the absence of agreement, establishing that:
- The reduction must be applied at the end of the workday (i.e., by bringing forward the end time).
- The reduction will be 1 hour or 50 minutes per day, depending on whether the weekly schedule is distributed over 5 or 6 days.
The number of hours to be reduced depends on the applicable implementation stage. Currently, the workweek is 44 hours, so employers must reduce two weekly working hours.
Recently, the Labor Directorate, through Opinion No. 253/21 dated April 16, 2026, reinforced the primary criterion of adapting working hours by prioritizing agreement between the parties. It also confirmed that, in the absence of agreement, the employer may apply the legal adjustment rule set forth in Law No. 21,755.
How to Adjust the Workweek to 42 Hours
- Preferred mechanism: agreement between the parties (employer–employee / employer–union).
There is flexibility in how the reduction is implemented. The parties may freely agree on the most suitable adjustment mechanism (e.g., reducing hours on multiple days, concentrating the reduction on specific days, delaying start times, etc.). Work cycles of up to 4 weeks may also be agreed, provided the weekly average is 42 hours.
The agreement must be formalized through an amendment to the employment contract.
- Keep evidence of the negotiation.
Although the recent opinion indicates that the law does not prescribe a specific form to evidence negotiations, it is highly advisable for the employer to submit a written proposal and, where possible, obtain a response from the employee or union.
If the employee is unionized, negotiations must be conducted with the union representing its members.
- In the absence of agreement (but where negotiation has taken place), the employer may unilaterally apply the legal adjustment.
In such cases, the employer must reduce working hours by bringing forward the end of the workday and distributing the reduction across the working days:
- If the current 44-hour schedule is distributed over 5 days: Reduce 1 hour on two separate days (by bringing forward the end time). The employer may choose the days.
- If the current 44-hour schedule is distributed over 6 days: Reduce 50 minutes on two days and 20 minutes on a third day (by bringing forward the end time). The employer may choose the days.
- For schedules below 44 hours: The same distribution logic applies (no more than 1 hour per day for 5-day schedules, or 50 minutes per day for 6-day schedules), until reaching a 42-hour workweek.
- Prior agreements are not automatically extended. Any agreement previously reached to adjust the workweek to 44 hours does not automatically apply to this new reduction, unless it expressly stated that it would apply to all implementation stages.
If you need further information on this matter, please contact Alfred Sherman (asheman@jdf.cl) or Leyla Alul (lalul@jdf.cl)
