Article 184 bis: the right to stop work in Chile

Article 184 bis of Chile’s Labour Code regulates action in the face of serious and imminent risks to life or health. It includes employers’ duties to inform and protect, workers’ right to stop work on reasonable grounds, and safeguards against detriment for exercising that right.

In brief

In Chile, Article 184 bis protects stopping work on reasonable grounds of serious and imminent risk. Employers must inform and take measures. Communication, evacuation where appropriate and safe resumption require advance operational preparation.

Contents
  1. Which situation it addresses
  2. Employers’ obligations
  3. Stopping work and communicating the decision
  4. Safeguards and protection routes
  5. Prepare for safe resumption
  6. Hypothetical example: structural damage
  7. Related concepts
  8. References

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Which situation it addresses

The right concerns serious and imminent risk to life or health. The Labour Directorate explains that it may arise from the activity itself or from unforeseeable events or force majeure. It is not limited to major catastrophes.

Assessment requires attention to the circumstances. An internal procedure should help people recognise signs and communicate specific facts without requiring an exposed person to settle the entire legal classification before reaching safety.

Employers’ obligations

When such a risk arises, the employer must immediately inform affected people of its existence and the measures adopted. If it cannot be eliminated or reduced, the affected work must be suspended and people evacuated.

For this obligation to work, identify channels that also reach field staff, shifts and contractors who may be affected. A message that only reaches an office may miss those exposed. Check who coordinates the response and what information is available.

Stopping work and communicating the decision

Workers may stop their tasks and, if necessary, leave the location when they consider on reasonable grounds that continuing would involve that risk. They must notify the employer as soon as possible; the employer must inform the relevant Labour Inspectorate of the suspension.

The communication should describe what was observed and facilitate safe action. Do not turn the reporting channel into a prior-authorisation requirement that deprives the right of its substance. Provide alternatives when the usual supervisor is unavailable.

Safeguards and protection routes

The provision states that workers may not suffer prejudice or detriment for taking the measures it covers. The Labour Directorate explains the possibility of employment-law protection proceedings when fundamental rights are violated.

Internally, record the report without automatically treating it as misconduct. Examine the facts, controls and response. Disagreements require assessment under the Chilean framework, rather than general conclusions about sanctions based solely on the fact that production stopped.

Prepare for safe resumption

When the competent authority orders evacuation because of an emergency, catastrophe or disaster, the article requires immediate suspension and permits work to resume only under safe and appropriate conditions. Enforcement falls to the Labour Directorate.

As a preventive application, define who checks the situation, which evidence is needed and how the return decision is communicated. Clearing an alarm or restoring supplies does not, by itself, demonstrate that every risk has disappeared. Also review secondary effects and areas that remain affected.

Hypothetical example: structural damage

During a task, unexpected deformation is detected in a nearby structure. Exposed people stop the activity, move away from the area and report through the established channel. The company restricts the area and arranges a competent assessment.

Follow-up documents the report, measures and conditions for return. People are not required to continue to see whether a failure occurs. The example illustrates a preventive response; classification of an actual case depends on its circumstances.

References

  1. SUSESO: text of Article 184 bis of the Labour Code. Official source
  2. Labour Directorate: the right to stop work. Official source
  3. Library of the National Congress: Law 21.012. Official source

Editorial information

Publication date: 19 October 2026.

Editorial responsibility: Sabentis Editorial Team.

Author: Pablo RodríguezLinkedIn

Executive Vice President of the ORP International Foundation and Chief Financial Officer of Sabentis.

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