What are non-waivable holidays?
Non-waivable holidays are public holidays established by Chilean law during which commercial workers are not required to provide services, and employers must cease operations, with some exceptions. These holidays aim to ensure that workers can participate in national celebrations and rest adequately.
Main features:
- Mandatory: Employers must provide their employees with rest days on these days.
- Penalties: Non-compliance can result in significant fines for companies.
- Exceptions: Some essential services may operate, such as on-call pharmacies, gas stations, and owner-operated establishments.
Non-waivable holidays in Chile for 2025
| Date | Festivity | Day of the week |
|---|---|---|
| January 1st | New Year | Wednesday |
| May 1st | Labor Day | Thursday |
| September 18 | National Independence | Thursday |
| September 19 | Army Glory Day | Friday |
| December 25th | Christmas | Thursday |
Note: Dates may be subject to official changes.
Impact on trade and exceptions
During non-waivable holidays, most commercial establishments must remain closed. However, there are specific exceptions:
Establishments that can operate:
- Pharmacies on duty: Only those designated as on duty may serve the public.
- Service stations: Gas stations can operate normally.
- Owner-operated premises: Small businesses where the owner provides direct service.
- Restaurants and entertainment venues: Some may operate, depending on local laws and permits.
Workers' rights during non-waivable holidays
- Mandatory rest: They cannot be forced to work on non-waivable holidays.
- Remuneration: If they are legally required to work, they are entitled to additional compensation under the Labor Code.
- Complaints: In case of non-compliance, complaints may be filed with the Labor Directorate.
Planning and recommendations
- Plan ahead: Organize personal or family activities around these days off.
- Get informed: Consult official sources to confirm dates and possible legislative changes.
- Companies: Adjust schedules and operations to comply with current regulations.
Frequently Asked Questions (FAQ)
What happens if a non-waivable holiday falls on a Sunday?
If a non-waivable holiday falls on a Sunday, the mandatory rest period remains in effect, and the restrictions still apply.
Can supermarkets open on non-waivable holidays?
No, supermarkets must close unless they are exclusively staffed by their owners.
What penalties do companies face that do not respect these holidays?
Companies can face significant fines depending on the size and severity of the violation.
Should essential service workers work on these days?
Some services, such as hospitals and emergency services, are operating normally, but workers' compensation must be respected.
Where can I report non-compliance with a non-waivable holiday?
Before the Labor Directorate , either in its offices or on its website.