Recruit
Chile permits background checks, but its Labour Code takes a clear position against requiring documents that are not justified by the role. A recently modernised data protection regime adds further obligations, so a blanket screening policy is not a safe default.
The legal starting point
The Labour Code prohibits employers from making hiring conditional on requirements that discriminate, and specifically restricts demanding certificates or records unrelated to the nature of the work. Criminal record screening is therefore permitted where the role justifies it, for example in private security, financial roles, education, healthcare, transport, and positions involving children or the handling of valuables, but is difficult to defend as a universal requirement.
Criminal record checks
The document is the certificado de antecedentes, issued by the Servicio de Registro Civil e Identificacion. Candidates can request it online or in person and provide it to the employer. There are different versions depending on the purpose, and the one issued for employment shows a narrower set of information than a full record.
Data protection
Chile has overhauled its personal data framework, introducing a dedicated supervisory authority and obligations along European lines. Criminal record data is sensitive, which raises the justification threshold. Collect only what the role requires, be transparent about purpose, secure the data, and delete unsuccessful candidates’ information when recruitment closes.
Checks to avoid
Pregnancy testing is prohibited, and health screening must be limited to fitness for the specific role. Credit and debt records cannot be used as a general hiring filter, and using them to exclude candidates has been treated as discriminatory outside genuinely financial positions.
Practical guidance
Decide role by role whether a check is justified and write down the reason. An employer of record can manage this if you have no Chilean entity.
