Law creates third Labor Court in Santiago and reinforces three others

The Ministry of Justice and Human Rights promulgated Law No. 21,839, which creates a new Labor Court in Santiago and strengthens the labor courts of Antofagasta, Concepción, and Punta Arenas. The regulation was published in Section I of the Official Gazette of the Republic of Chile, No. 44,550, on Monday, September 14, 2026, under official reference CVE 2871668, and was signed by the President of the Republic, José Antonio Kast Rist, on September 9, 2026.

The law modifies Article 415 of the Labor Code, whose consolidated text was established by Decree with Force of Law No. 1 of 2002 from the Ministry of Labor and Social Security, and incorporates a new paragraph into Article 3 of Law No. 20,022, which creates the Labor Courts and Labor and Pension Collection Courts. The project, corresponding to Bulletin No. 17,880-13, was declared constitutional by the Constitutional Court through a ruling on August 26, 2026 (Case No. 17,826-26-CPR).

New Judge Allocations

The reform expands the number of judges in four jurisdictions of the country:

• Santiago: increases from 38 judges grouped in two courts (19 each) to 57 judges in three courts, with 19 judges per court.
• Antofagasta: from 5 to 8 judges.
• Concepción: from 6 to 8 judges.
• Punta Arenas: from 1 to 2 judges.

For courts with eight judges, the law establishes a support staff of one administrator, four unit heads, five chief administrative officers, seven 1st-level administrative officers, six 2nd-level administrative officers, five 3rd-level administrative officers, and five assistants.

Gradual Entry into Force

The transitional provisions establish a phased implementation of the staffing increases:

• In Antofagasta, Concepción, and Punta Arenas, the reinforcements will take effect one year after publication in the Official Gazette.
• In Santiago, ten judges and their support staff will be installed in six months, and nine additional judges upon the completion of one year.
• The new Labor Court of Santiago will be installed six months after publication.

The Administrative Corporation of the Judiciary must provide the respective Court of Appeals with the premises for the new court and carry out the necessary renovations, while the courts will issue the calls for competition to fill the created positions.

Financing and Relevance

The largest fiscal expenditure incurred by the law during its first budgetary year will be financed from the Judiciary budget line and, for any remaining amount, with resources from the Public Treasury budget line; in subsequent years, with the allocations provided by the respective Public Sector Budget Law. The regulation was endorsed by ministers Fernando Rabat Celis (Justice and Human Rights), Jorge Quiroz Castro (Finance), and Tomás Rau Binder (Labor and Social Security), and transcribed by the Undersecretary of Justice, Luis Silva Irarrázaval.

The creation of the third labor court in the capital and the reinforcement of regional staffs seek to decongest the processing of labor cases and bring justice closer to workers and employers. For readers, the measure implies a greater response capacity of the judicial system regarding labor conflicts, although its full effect will materialize gradually over the next year.

Source: Official Gazette of the Republic of Chile, No. 44,550, September 14, 2026, Section I (General Norms), pp. 1-2 (official reference: CVE 2871668).