Constructive dismissal (autodespido)

Constructive dismissal, known in Chile as autodespido or indirect dismissal, is the mechanism by which an employee terminates their employment contract on the grounds of one or more serious breaches by the employer, such as failure to pay wages or social security contributions, harassment, or lack of good faith. Unlike a resignation, constructive dismissal allows the employee to claim the compensation that would correspond to an unjustified dismissal, plus the statutory surcharges. To succeed, the employee must give written notice of termination invoking the legal ground and the facts within the applicable time limits, and then prove the breach before the court. It is a protective tool against non-compliant employers, but it requires a careful assessment of the available evidence before it is exercised.