CL · Expiry & renewal tracking
Never let an agency worker exceed the legal term at the user company
An agency worker from a temporary services company (EST) may work at the same user company for at most 90 days for extraordinary events or occasional peaks and 180 days for new projects or start-ups, with no renewal (Labour Code, Article 183-O). If the worker stays on, the contract becomes open-ended with the user.
Chile's Labour Code regulates temporary agency work in paragraph 2 of Title VII of Book I, added by Law 20.123. The placement of workers by a temporary work agency (EST) with a user company must be set out in a written assignment contract (contrato de puesta a disposición) stating the ground invoked, the posts covered, the duration and the agreed price, signed within five days of the worker joining, or within two days if the assignment lasts less than five days (Labour Code, Article 183-N).
It may only be used where one of the circumstances in Article 183-Ñ applies at the user company: a) suspension of one or more workers' contracts for sick leave, maternity leave or holidays; b) extraordinary events such as congresses, fairs or exhibitions; c) new and specific projects; d) the start-up period of a new business; e) occasional or extraordinary increases in activity; or f) urgent, specific work that cannot be postponed. The term depends on the ground: under letter a) it may cover the replaced worker's absence; under letters b) and e) the employment contract to work at the same user company may not exceed 90 days; under letters c) and d) the limit is 180 days, and neither may be renewed (Article 183-O).
If the circumstances that justified the contract still exist when it ends, it may be extended until the 90 or 180 days are completed (Article 183-O). For workers with disabilities, the maximum under letters b) and e) is six months, renewable (Article 183-AC). If the worker keeps working after the contract term expires, the contract becomes open-ended and the user company becomes the employer, with seniority counted from the start of the services (Article 183-T). A missing written contract, a ground not provided for by law or the disguising of a permanent relationship exclude the user company from these rules, and the worker is treated as its direct employee (Articles 183-N, 183-P and 183-U).
At a glance
| Rule | Labour Code (DFL 1 of 2002), Book I, Title VII, paragraph 2, Articles 183-F to 183-AE (Law 20.123) |
|---|---|
| Parties | Temporary work agency registered with the Labour Directorate and the user company (Articles 183-F and 183-K) |
| Form | Written contract with ground, posts, duration and price, signed within 5 days of the worker joining, or 2 days if it lasts under 5 (Article 183-N) |
| Term: grounds b) and e) | Extraordinary events and occasional increases in activity: at most 90 days at the same user company, no renewal (Article 183-O) |
| Term: grounds c) and d) | New projects and business start-up: at most 180 days, no renewal (Article 183-O) |
| Term: ground a) | Replacement during sick leave, maternity leave or holidays: the length of the absence (Article 183-O) |
| Extension | Only if the circumstances persist, until the 90 or 180 days are completed (Article 183-O) |
| If exceeded | The contract becomes open-ended and the user company becomes the employer, with seniority from the start (Article 183-T) |
Article 183-O sets no number of days for ground f), urgent work that cannot be postponed. For that ground, the sensible expiry date is the duration agreed in the assignment contract (Article 183-N). The user company must keep a daily attendance record of the agency worker and give the agency a copy (Article 183-W), which proves the time actually served.
Who is responsible?
The agency and the user company sign the assignment contract within the deadlines in Article 183-N; the agency signs the written temporary employment contract with the worker and sends a copy to the user company (Article 183-R). The user company organises and directs the work within the agreed duties (Article 183-X), keeps the attendance record (Article 183-W) and is directly responsible for health and safety rules towards the agency worker (Article 183-AB). In practice the user company's HR team and the agency's account manager should jointly watch each assignment's end date.
If the deadline passes
If the worker keeps working after the contract term expires, the contract becomes open-ended, the user company becomes the employer and seniority is counted from the start of the services at the user company (Article 183-T). Contracts made outside the grounds in Article 183-Ñ, or to disguise a permanent relationship, are deemed made in fraud of the law and the worker is treated as the user company's employee (Article 183-U). The Labour Directorate keeps the register of agencies and may cancel a registration for repeated serious breaches (Articles 183-K and 183-M).
Two contracts, two different expiry dates
Temporary agency work involves both the assignment contract between the agency and the user company (Article 183-N) and the temporary employment contract between the agency and the worker (Article 183-R). The 90 or 180 day cap in Article 183-O refers to the time the worker serves at the same user company. The permanent guarantee the agency keeps with the Labour Directorate (Article 183-J) and the ordinary fixed-term contract (Article 159 No. 4) are covered in their own guides.
Tracking it with ExpirySuite
- Add each agency worker assignment and record as the expiry date the day 90 or 180 days after the services at the user company began, depending on the ground; for ground a), the expected return date of the replaced worker.
- Email reminders arrive 60, 30, 14, 7 and 1 day before expiry and on the expiry day, leaving time to end the assignment, extend it up to the cap or hire the worker directly.
- The agency's account manager or the user company can upload the signed assignment contract through a secure link that is valid for 14 days and needs no account.
- Assign a responsible person at the user company and another at the agency; if the assignment passes the cap with no decision, managers get further reminders 3, 7 and 14 days later.
Frequently asked questions
- How long can a temporary agency worker be assigned in Chile?
- It depends on the ground: up to 90 days at the same user company for extraordinary events and occasional increases in activity (letters b and e), and up to 180 days for new projects and business start-up (letters c and d), with no renewal; for replacement during sick leave, maternity leave or holidays (letter a), the length of the absence (Labour Code, Article 183-O).
- Can it be renewed?
- No. The 90 and 180 day terms are not renewable; the contract may only be extended to complete them if the circumstances that justified it still exist when it ends (Article 183-O). For workers with disabilities, the term under letters b) and e) is six months, renewable (Article 183-AC).
- What happens if the worker stays on after the term?
- The contract becomes open-ended and the user company becomes the employer, with seniority counted from the start of the services at the user company (Article 183-T).
- When must the assignment contract be signed?
- Within five days of the worker joining, or within two days of the start of services if the assignment lasts less than five days; without a written contract the worker is treated as the user company's employee (Article 183-N).
Sources
Last checked: Oct 11, 2026 · This page summarises official sources for general information and is not legal advice. Check the linked sources for current rules and fees.
Made for temporary worker assignment contract (EST), maximum term (Chile)
A ready template for temporary worker assignment contract (EST), maximum term (Chile) with sensible validity defaults, so you enter less and track more.
Reminders on time
Email alerts at 60, 30, 14, 7 and 1 day before each temporary worker assignment contract (EST), maximum term (Chile) expires, plus overdue escalation to managers.
Assign an owner
Give each temporary worker assignment contract (EST), maximum term (Chile) an owner and let employees update their own via a secure link — no login needed.