Chile: Digital Platform Work Law (Ley 21431)

ChileLegislationApplicable

Ley 21431 amends the Chilean Labour Code (Código del Trabajo) by introducing Chapter X to Title II of Book I, establishing a legal framework for work performed through digital service platforms for both dependent and independent workers. Warden Watch focuses specifically on the statute's provisions governing algorithmic transparency, automated decision-making, and labor non-discrimination. The law requires platform operators to maintain objective, transparent criteria for connecting and assigning tasks, and prohibits algorithms from producing discriminatory outcomes, specifically banning apparently neutral rules that disproportionately impact workers. Workers have statutory rights to access personal ratings data within 15 business days, demand data portability, and access in-person human dispute channels. In addition, employers must provide labor inspection authorities with full access to algorithmic programming, training data, and decision-making logic upon request. The law does not mandate third-party bias audits or impose direct statutory liability on third-party software developers.

Impact

What this means for HR and vendors

HR and recruitment teams

HR and platform operations teams in Chile must audit automated dispatch algorithms, task allocation parameters, and incentive formulas to ensure they do not produce discriminatory or disparate impacts across dependent or independent staff. Organizations must inform workers in writing of anti-discrimination mechanisms and establish designated human communication channels—including a physical office, local phone line, and assigned representative—to handle pay, ratings, and task allocation disputes. Additionally, HR must be prepared to respond to worker personal data access requests within 15 business days and supply algorithmic documentation during inspections by the Labour Directorate (Dirección del Trabajo).

HR technology vendors

Providers of gig-economy dispatch software, algorithmic routing systems, and workforce platforms deployed in Chile face commercial and operational expectations to support deployer compliance. Although direct statutory duties bind digital service platform companies as employers, software vendors must design tools that enable explainability, facilitate human oversight, and avoid disparate impact. Providers should prepare comprehensive technical documentation detailing algorithmic decision rules, variables, and training datasets so employer clients can fulfill statutory transparency and regulatory inspection requests from the Labour Directorate without exposing proprietary trade secrets unnecessarily.

Key obligations

What organizations need to do

Practical obligation briefings focused on what the requirement is, who it applies to, when it applies and what teams should consider doing.

DeployerAnti-Discrimination

Provider Technical Documentation and Oversight Support

OBLIGATION

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Not legal advice

This page is regulatory intelligence only. Organizations should seek guidance from legal counsel before making compliance decisions.

Employment-focused extraction

This may be part of wider regulation. The Warden Watch extracts and displays the parts relevant to employment, HR and recruitment decision-making.

HR and recruitment teams

HR technology vendors

Prohibition of Algorithmic Discrimination and Disparate Impact

Algorithmic Transparency and Regulatory Inspection Access

Worker Access to Personal Ratings and Data Portability

Contractual Disclosure of Task Coordination and Rating Impact

Human Dispute Resolution and Review Channel

Provider Technical Documentation and Oversight Support

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