Legal Updates Cubillos Lama
Regulatory updates, case law and legal changes relevant to your business.
65 publications
2026-06-30SERNAC inspects “mall chino” retailers over legal warranty, labeling and SEC seal
SERNAC launched an inspection campaign covering more than 50 import and retail stores known as “malls chinos”, reviewing compliance with Law 19.496 on price display, Spanish-language labeling, legal warranty information and the SEC seal for products subject to mandatory certification; breaches may lead to court complaints and fines of up to 300 UTM per infringement.
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2026-06-24Santiago Court annuls international arbitral award in salmon company share purchase dispute
The Santiago Court of Appeals annulled an international arbitral award for excess of mandate after the tribunal, according to the majority, decided a different claim from the one brought in a share purchase dispute involving a salmon company; the tribunal replaced damages with a price reduction, leaving the SPA’s limitation of liability clauses without effect according to the majority, with important procedural and contractual implications for companies using international commercial arbitration.
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2026-06-12Error and moral duress are not enough to void a settlement agreement if the worker obtained a benefit greater than the legal minimum
The court confirmed that a settlement agreement signed without reservation of rights, with union advice and granting the worker a benefit above the legal minimum, retains full releasing effect and cannot be voided for error or moral duress; to avoid challenges, companies should document the advice and the place of signing, clearly record the difference between the contractual and legal benefit, and specify every item of the settlement.
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2026-06-11First Civil Court of Santiago: in international air transport, each airline is liable only for the leg it operates
The First Civil Court of Santiago held that, in international air transport with legs operated by different airlines, each company is liable only for its own contractual segment and there is no automatic joint and several liability; the claim against Ethiopian Airlines was rejected for lack of a causal link, and the action against British Airways was dismissed for lack of jurisdiction under the Montreal Convention. Accordingly, exporters and insurers should review the structure of their AWBs, identify the leg responsible for the damage, and file complaints within the legal deadlines to preserve their right to claim.
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2026-06-11Puerto Montt Court of Appeals upholds a dismissal: a retroactive medical leave does not justify absences if the worker was traveling
A retroactive medical leave does not justify absences when the worker was traveling abroad; the Puerto Montt Court of Appeals upheld the dismissal for unjustified absences, emphasizing that the evidence must be consistent with the employee's conduct and that subsidiary liability may affect the contracting company.
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2026-06-10Supreme Court confirms: software developed by an employee belongs to the company even if the contract does not mention it
The Supreme Court confirmed that, under article 8 of Law No. 17,336, software created by a worker in the exercise of their duties belongs to the employer, even when the contract does not mention it; only a written agreement to the contrary can exclude this rule. The ruling stresses the need to audit contracts, document the creation of internal tools, and establish intellectual property clauses with both employees and third parties to avoid disputes.
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2026-06-08Law 21,822 creates a special employment regime for people aged 60 or older with flexibility tools
Law 21,822, in force from June 1, 2027, creates a special regime for workers aged 60 or older, introducing flexibility tools such as compatibility of duties, flexible hours, agreed suspension of the contract, and early use of vacation; it establishes the obligation to prepare companies twelve months in advance, map the workforce, review contracts and internal protocols, and promote talent-management policies that consider the full work cycle, all under the premise of guaranteeing dignified employment and avoiding age discrimination.
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2026-06-06Subtel formalizes the exclusion of extrajudicial debt collection from the 600/809 regime following a Supreme Court ruling
Exempt Resolution No. 900 of 2026 (RE900) of Subtel eliminates the obligation to use the 600 and 809 blocks for telephone extrajudicial debt collection, complying with the Supreme Court ruling of March 5, 2026 that annulled Official Ordinance No. 11,269 of 2025. As a result, companies that carry out or contract collection by phone no longer need to apply the 600/809 numbering regime, which allows them to review contracts, update compliance, and clearly delimit which communications are extrajudicial debt collection, although other mass communications remain subject to the scheme.
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2026-06-05CGR updates thresholds and modalities of prior control for public contracts and concessions
The CGR updated, effective June 1, 2026, the thresholds and modalities of prior control for public contracts, works, and concessions, setting limits of 8,000 UTM for goods and services, 10,000 UTM for works by direct deal, and 25,000 UTM for public tender, plus new thresholds for consultancies and transfers; it introduced the possibility for the CGR to abstain from or return acts, required published or notified acts registered with qualifications and/or instructions to be accompanied by the respective official letter, and added to prior control the acts of several ministries, CORFO, and SEP, while contracts under a standard format are exempt from the contractual procedure, although the award act remains subject to control.
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Full index of legal updates (65)
- SERNAC inspects “mall chino” retailers over legal warranty, labeling and SEC seal
- Santiago Court annuls international arbitral award in salmon company share purchase dispute
- Error and moral duress are not enough to void a settlement agreement if the worker obtained a benefit greater than the legal minimum
- First Civil Court of Santiago: in international air transport, each airline is liable only for the leg it operates
- Puerto Montt Court of Appeals upholds a dismissal: a retroactive medical leave does not justify absences if the worker was traveling
- Supreme Court confirms: software developed by an employee belongs to the company even if the contract does not mention it
- Law 21,822 creates a special employment regime for people aged 60 or older with flexibility tools
- Subtel formalizes the exclusion of extrajudicial debt collection from the 600/809 regime following a Supreme Court ruling
- CGR updates thresholds and modalities of prior control for public contracts and concessions
- TDLC: discretionary instructions of the CMF can be reviewed under competition law
- Supreme Court: the SMA can sanction circumvention of the SEIA without requiring a prior report from the SEA
- Curicó Labor Court: paying real wages off the books while contributing on the minimum justifies indirect dismissal
- Concepción Court of Appeals: without subordination there is no employment contract, even if the relationship lasts years
- SAG updates the authorization rules for microbial pesticides and opens recognition to natural products
- Supreme Court rules that incompatible zoning enables early termination of a lease without future unaccrued rent
- Concepción Court of Appeals upholds a generic reservation of rights in the settlement agreement
- Cartel in meal vouchers: the FNE accuses Pluxee of collusion
- Supreme Court: denying the employment relationship extends to two years the worker's deadline to sue for unjustified dismissal
- Santiago Court of Appeals: nullity of dismissal does not apply when the employment relationship is recognized in the judgment
- SERNAC goes into the field: optical shops must prove who performs the eye exam and meet four obligations under the Consumer Law
- Supreme Court: in ordinary collection of invoices, the presumption of delivery admits evidence to the contrary
- Withdrawing in bad faith from a negotiation has a price, but with a cap: the Supreme Court delimits what is compensated
- Chile launches a legal framework to desalinate seawater and requires allocating up to 5% for human consumption
- DOM may be left out of the circuit: DS No. 10/2025 enables execution of minor works by means of a sworn statement
- The Directorate of Labor restores the qualification of minimum services as a prerequisite to begin collective bargaining
- Santiago Court of Appeals: without proving that the vehicle was in the mall's parking lot, there is no liability for theft
- Supreme Court annuls a one-million-dollar arbitral award: without proven early generation, the wind-energy bonus is not enforceable
- Dismissing after a Karin Law complaint triggers indemnity protection: the case closed on over $86 million to pay
- The MMA sets recycling collection targets for batteries and electronic devices and requires large retailers to receive them immediately
- Santiago Court of Appeals: having a risk prevention specialist does not replace the Risk Prevention Department
- Supreme Court convicts NotCo of unfair competition: the NotMilk trademark survives, but the word "milk" and all the dairy imagery leave the package
- FNE: before investigating you formally, it can already ask you for information — this is how the new Merger Division instruction works
- Corte Suprema: overtime pay made permanently forms part of the severance base even if the law excludes overtime
- Dirección del Trabajo confirms that the employer’s contribution to Multibien is remuneration and must be included in severance pay and contributions
- Supreme Court upholds fine against CGE for purchasing networks below the value reported to the SEC and connection charges above the regulated rate
- SERNAC obtains a conviction of 1,250 UTM against an importer for labeling, SEC seal, and warranty information
- Supreme Court: irrevocable acceptance of an invoice does not protect the assignee against invalidity of the obligation for lack of cause
- SpA, Ltda or SA: how to choose the correct corporate structure before the business grows
- Your contracts with suppliers could be licensing your brand without you deciding
- ANCI expands the list of Vital Importance Operators: you have 30 days to act before the classification becomes final
- Law No. 21.814 Raises the Sanction Fines Ceiling of the SISS and Requires Reworking the Risk Map for the Healthcare Sector
- Supreme Court: the administrative complaint suspends the lapse period for unjustified dismissal, but does not turn it into 90 days
- Court of Appeals of Santiago clarifies what is enough to dismiss for business needs — and it is not a terminal crisis
- The DT sets new doctrine on the validity period of collective instruments: the two-year floor is not negotiable
- Chile’s Directorate of Labour redefines the overtime-exclusion standard and narrows the role of technological control
- 42-hour workweek and exemption from working hour limits: the Labor Authority rewrote the rules before the second phase began
- National Reconstruction Bill: the tax, regulatory, and labor measures that could reshape your company's operations
- Criminal conviction for economic crimes bars executive from managerial positions: the gap the hiring process cannot close
- Bill proposes that internal harassment investigations be presumed truthful if the Labor Authority fails to respond
- Law 21,808 creates unified employment subsidy
- Law 21,772 reforms Chile's notarial and registry system: the changes already in effect
- Law 21,800 adds illegal aggregate extraction crimes to the corporate criminal liability catalog
- Supreme Court unifies criteria: traveling abroad on sick leave can constitute lack of probity
- Google is not liable for what it indexes: Punta Arenas Court confirms
- Santiago Court of Appeals condemns WOM for sending advertising after the consumer requested a communications block
- Supreme Court overturns Subtel requirement: debt collection calls do not require 600 or 809 prefixes
- CMF imposes disclosure duty on financial entities providing Fintec services without Registry enrollment
- 2026 taxable caps: new figures for unemployment insurance, pension funds, health, and workplace accident contributions
- Law 21,797 tightens driving fitness requirements and creates a one-month job protection period for death of a child, spouse, or civil partner
- DS 17/2025: Amendment to the Environmental Impact Assessment System Regulation
- SII Ruling No. 146: which payments to a partner with business salary are deductible and which are not
- Supreme Court: in construction contracts, the original deadline does not set the default if your conduct tolerated the breaches
- Supreme Court rules construction company liable for subcontractor's defects: what this means for your warranty and subcontracting clauses
- SERNAC tightens e-commerce oversight: key compliance points for online sellers
- Chile's Personal Data Protection Law: what your company needs to know and do