Working Hours Attendance Register Chile

A Working Hours Attendance Register Chile is a mandatory record governed by Article 33 of the Código del Trabajo (DFL N.° 1 of 2003) that every employer must maintain to document the actual working hours of each employee, including entry time, exit time, rest periods, and any overtime hours worked. Article 33 establishes the obligation to keep an attendance control system (control de asistencia) that accurately reflects the actual working hours of all workers subject to the working hours provisions of the Código del Trabajo.

The legal framework for working hours in Chile begins with Article 22 of the Código del Trabajo, which establishes the maximum ordinary working week of 45 hours distributed across no fewer than five and no more than six days — a limit being progressively reduced to 40 hours per week under Ley 21.561 of 2024 (the Ley de las 40 Horas), with reductions phased at two-hour intervals over five years starting in April 2024. The daily working hours limit is established by Article 28 — no more than 10 hours per day including ordinary hours and overtime. Article 32 governs overtime (horas extraordinarias): work performed beyond the ordinary contractual schedule is overtime, paid at a minimum 150% surcharge (recargo del 50%) on the worker's base hourly rate.

The attendance register is the foundational document for calculating overtime pay under Article 32, verifying compliance with the daily and weekly hour limits under Articles 22 and 28, and defending against claims before the Juzgados de Letras del Trabajo. Without an adequate attendance register, the employer cannot rebut a worker's claim of unpaid overtime — the Corte Suprema has held through recurso de unificación de jurisprudencia that in the absence of an employer attendance register, the worker's own testimony and records are presumed accurate.

The Dirección del Trabajo (DT) — Chile's labour inspectorate under DFL N.° 2 of 1967 — conducts routine inspections (fiscalizaciones) under Article 505 of the Código del Trabajo and may require immediate production of the attendance register. Inspectors verify that the register covers all workers, records actual start and end times (not just scheduled times), documents rest periods (descansos), and is signed or authenticated by the worker. Failure to maintain an adequate attendance register under Article 33 may result in fines of one to five Unidades Tributarias Mensuales (UTM) per infraction under Article 506.

The Dirección del Trabajo has recognized electronic attendance control systems (sistemas de control de asistencia electrónico) including biometric readers (lectores biométricos), access card systems (sistemas de tarjeta de proximidad), and software-based timekeeping as compliant methods under Article 33, provided they generate a verifiable record that can be printed and presented during DT inspections. The forms-legal.com register provides a paper-based format that satisfies the Article 33 requirement for all workers.

A Working Hours Attendance Register Chile is needed by every employer with workers subject to the ordinary working hours regime (jornada ordinaria) of the Código del Trabajo, in all the following situations.

The register is needed daily to record the actual working hours of each worker — entry time, exit time, rest periods, and any overtime worked. This is a continuous obligation under Article 33 from the first day the worker begins providing services.

The register is needed when a Dirección del Trabajo inspector (fiscalizador) conducts a workplace inspection (fiscalización) and demands production of attendance records. Employers who cannot produce the Article 33 register face fines and an adverse inference in any subsequent overtime dispute.

The register is needed when computing overtime pay under Article 32 — the attendance record establishes the factual basis for overtime calculation. Overtime must be authorized in writing by the employer before being worked (save for emergencies under Article 29), and the attendance register documents both the authorization and the actual overtime hours.

The register is critically needed when a worker files a demanda laboral claiming unpaid overtime before the Juzgado de Letras del Trabajo. The employer's Article 33 register is the primary evidence for rebutting or quantifying overtime claims. Courts in Chile place the burden of proof on the employer to demonstrate working hours when the employer is required to maintain the attendance register.

The register is needed when calculating the progressive reduction to 40 hours per week under Ley 21.561 of 2024 — employers must document that actual working hours comply with each phase of the reduction, and the attendance register provides the audit trail for DT verification.

The register is also needed for workers under alternative working schedule arrangements (jornada excepcional) authorized by the DT under Article 38 of the Código del Trabajo — these arrangements require detailed attendance tracking to confirm the authorized rotation schedules are being observed.

A Working Hours Attendance Register Chile compliant with Article 33 of the Código del Trabajo must include specific data fields and follow prescribed documentation practices to satisfy Dirección del Trabajo inspection requirements and litigation evidentiary standards.

Worker Identification: Full name and RUT of each worker. The register must be organized by individual worker — a collective register covering multiple workers on a single sheet does not satisfy Article 33 requirements per DT administrative guidance.

Date and Day of Week: The calendar date and corresponding day of the week for each entry. Weekly records allow verification of the maximum working week under Article 22 (45 hours, reducing to 40 under Ley 21.561 of 2024).

Entry Time (Hora de Entrada): The actual time the worker began work — not the scheduled start time. The Dirección del Trabajo requires that the register reflect actual attendance, not theoretical schedules.

Exit Time (Hora de Salida): The actual time the worker ended work. For split-shift workers (jornada partida) under Article 34 of the Código del Trabajo, both the morning exit and afternoon entry times must be recorded in addition to the final exit.

Rest and Meal Break (Colación): Article 34 of the Código del Trabajo requires that work shifts exceeding five continuous hours must include a meal break (colación) of at least 30 minutes that is not counted as working time. The register must document whether colación was taken and its duration.

Ordinary Hours Worked: The total ordinary hours worked in the day — calculated from entry to exit minus any rest periods. The Article 22 weekly maximum is the sum of ordinary daily hours.

Overtime Hours (Horas Extraordinarias): Any hours worked beyond the ordinary contractual schedule. Article 32 requires that overtime be agreed in advance in writing and limited to no more than two hours per day. The register must separately identify overtime hours to enable correct payroll calculation at the 150% rate.

Overtim Authorization: Reference to the written overtime authorization document (pacto de horas extraordinarias under Article 32) that authorized the specific overtime session. Unilaterally worked overtime without written authorization is irregular — though the Juzgados del Trabajo generally hold employers liable for payment regardless.

Worker Signature or Biometric Confirmation: Each daily entry must be confirmed by the worker's signature, fingerprint, or other biometric confirmation. The DT has confirmed that unsigned or unconfirmed attendance entries may be challenged by the worker as inaccurate.

Monthly and Weekly Totals: Columns for weekly total hours and monthly total hours, enabling supervisors to monitor compliance with Article 22 weekly maximums and Article 28 daily maximums.

Employer Identification: The register must identify the employer's name, RUT, and workplace address — required for DT inspection purposes and to establish the document's chain of custody in litigation.

Forms-legal.com provides this Working Hours Attendance Register template as a practical compliance tool for Chilean employers. Every employer should consult the Dirección del Trabajo's administrative guidance and applicable Dictámenes regarding electronic and biometric attendance systems that may supplement or replace paper registers under Article 33. Los usuarios de forms-legal.com pueden descargar este documento de forma gratuita en formato PDF o DOCX, completar los campos del formulario guiado y obtener un documento listo para firma.