The retroactive adjustment of the minimum wage requires correcting May payrolls.

The minimum wage increase left an immediate operational task for employers: correcting payments already made where applicable. Law No. 21,830 set the new amount, and the Department of Labor clarified its application regarding May, removing any margin for treating the adjustment as a merely future obligation.

The retroactivity forces a review of more than just the base salary. Gratifications, overtime, proportional deductions, contributions, and benefits indexed to the minimum wage may be affected if they were calculated using the previous base.

In companies with large workforces or external payroll systems, the correction requires traceability to avoid duplicate payments or unexplained discrepancies.

A prudent criterion is to keep documentation of the recalculation and communicate it clearly to the employee. When the correction remains scattered across systems, spreadsheets, and vouchers, the legal problem arises later: during an inspection or individual claim, the company must be able to explain the origin of each difference.


https://www.bcn.cl/leychile/navegar?idNorma=1225354

Contact

Acuña-Silva Asociados. Rechtsanwälte
Apoquindo 4700, piso 11, Las Condes
Santiago de Chile

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