Chile Forum

I'm in a strange situation with regards to my employment contract and I'm not entirely sure how it affects me. Maybe someone here does?

I've been working at tihis company for a little over two years. I started working under a 3-month contract, after which they decided to hire me with an indefinite contract. Due to a typical Chilean snafu, though, they never ended up having me sign this indefinite contract (actually, they presented me with a contact with my RUT mistyped, I told them so and didn't sign it, and then I never heard anything else about it). They've paid me every month, made my AFP and ISAPRE contributions, and I have all the documentation. I am pretty certain that I'm the only one who knows about this situation.

So my question is, what does this mean, if anything? I imagine that it could go either way--either I'm at risk because I don't legally work here so they could fire me without having to pay me severance, or they're at risk because they don't have their paperwork in order. Or maybe it means nothing because this is Chile and nobody's perfect, and since everyone has been acting like I have a contract, that means I do?

I'm wondering whether anyone is familiar with any situation like this. If this gives me some sort of leverage that I can take advantage of, then I think I'd like to do that, but I'm afraid I might be the one in a tight spot.

Thoughts?

do you have a visa?

Yeah, I'm a permanent resident due to having a Chilean spouse and child.

Did you want to sign the contract as presented, if so you should have corrected the RUT initialled it and signed it, now you have to go back and ask for it and the terms may change. If you are a Permanent Resident you are not working illegally, many people in Chile work without contacts.

in your case your as good as employeed........ all rules apply, if they want to fire you they have to fire you as normal.....

if it went to court you would win....

thanks zeronz-- I had heard from someone else that since I am in fact still working and being paid, both parties are still held to the terms of the now-expired contract.

To be a little more specific, I want to renegotiate the terms of my employment and wonder whether I can use this situation to my advantage (or whether I should get it fixed for my own protection). But probably, it just doesn't matter.

neklo wrote:thanks zeronz-- I had heard from someone else that since I am in fact still working and being paid, both parties are still held to the terms of the now-expired contract.

To be a little more specific, I want to renegotiate the terms of my employment and wonder whether I can use this situation to my advantage (or whether I should get it fixed for my own protection). But probably, it just doesn't matter.

I wouldnt use it against them, i would juust sell them on how great you are........... use something against them you will be first on the too fire list!

If they cared about how great I am, I wouldn't be thinking about tricks like this. But that's a rant for another day.