Background Check in Chile

What are the Benefits of Background Checks in Chile?

Background checks in Chile significantly benefit global businesses operating in the country. These benefits directly connect to preventing typical legal troubles faced by international companies. Here's how:

• Verifying qualifications and past experiences helps avoid hiring unsuitable candidates. You can easily avoid any issues that might lead to legal issues, like negligence, theft, or safety violations.
• Background checks ensure candidates possess the necessary skills and meet legal requirements, preventing issues related to job performance or work permits.

Verifying work authorization through immigration checks helps avoid legal trouble for employing undocumented workers.

What are the Types of Background Checks in Chile?

The background check in Chile encompasses various areas, but strict privacy regulations dictate how they're conducted on new employees and remote workers. Such checks also form an essential part of international employee relocation to Chile. Here's a breakdown of common types: 

Criminal record check in Chile

• Criminal records are usually official documents accessible to the public by the Chilean Civil Registry.
• You can legally access information about an applicant's past criminal convictions, but only if those convictions are relevant to the job.
• In Chile, criminal background checks are valid for hiring employees in specific sectors, such as Healthcare, Education, Financial Services, or hazardous industries. 
• Many work visas also require a Chilean Police Clearance Certificate to verify the employee's criminal history doesn't pose a threat.

Employment history check

• You can perform employee screening in Chile while hiring experienced candidates to confirm their work experience and previously held job titles.
• Chilean laws allow you to directly contact previous employers to verify details claimed by the applicant. 

Medical screening

• Employee screening based on physical conditions helps you assess health suitability for specific job demands. 
• Chilean labor laws advocate regular medical screening for recruits and existing employees in hazardous industries. 
• However, medical screening must be demonstrably job-related. You cannot demand medical testing to determine pregnancy or other conditions for the sole purpose of discrimination at the workplace in Chile. 

Credit history check

• Background checks on credit history are done to evaluate financial responsibility. 
• Such a background check in Chile is highly relevant for finance or positions handling company finances.
• However, you can only request credit checks with written consent and for positions with a demonstrably justifiable need.

Education history check

• You can verify the employee's academic credentials (academic qualifications and degrees claimed), ensuring they meet Chilean standards for the specific job title. 
• This screening type can be essential for hiring regulated professions.
• Furthermore, Chilean laws allow you to contact educational institutions for confirmation directly.

Social media check

• Screening employees based on their social media presence on Instagram, Facebook, or Twitter allows you to assess potential red flags related to the job, like unprofessional conduct.
• However, Chilean privacy laws limit social media checks. You should have a clear policy and only look for publicly available information directly relevant to the job.

Requirements for Background Check in Chile

There aren't universal requirements for background checks in Chile, but you must avoid unnecessary checks that invade privacy. To remain compliant, you may consider the following points:

• You must get prior written consent from the applicant before conducting background checks.
• Furthermore, the candidate might need specific authorization for certain checks, like medical screenings. 
• Employee screening in Chile must be relevant to job requirements and duties. 
• All checks must comply with Chilean data protection laws and regulations.

Steps in Conducting Background Checks in Chile

You can follow the given outline for running a background check in Chile on potential hires:

Step 1: Pre-check

• Determine which types of background checks are necessary for the specific job role. 
• Consider factors like job duties, security requirements, and legal obligations (like immigration for international relocation).

Step 2: Conducting the checks

• Go about the usual steps discussed above to conduct the desired checks. 
• Ensure transparency with the candidate throughout the process. 
• If any red flags arise from the checks, communicate them clearly while allowing the candidate an opportunity to explain or provide context.

Step 3: Compiling and analyzing results

• Gather information from all the checks conducted.
• Analyze the results objectively, focusing on their relevance to the job requirements.
• Avoid discriminatory practices based on irrelevant information.
• Moreover, security measures should be implemented to safeguard sensitive information obtained during background checks.

Are Employee Background Checks Legal in Chile?

Yes, employee background checks are legal in Chile. 

While Chilean law doesn't mandate specific pre-employment screening, you can verify an applicant's legal work authorization through an immigration check. 

Beyond immigration checks, you can explore an applicant's qualifications. This can include verifying education, past employment experiences, checks on financial history, health, drug/alcohol use, or criminal records.

It's important to remember that anti-discrimination laws in Chile protect applicants from checks based on factors like union membership or political beliefs. 

Moreover, conducting background checks in Chile legally and ethically can help establish a positive corporate identity in the market.

Planning to Hire in Chile? Here’s How Skuad Can Help

Skuad has proven expertise in global employment regulations in more than 160 countries, including Chile-specific ones. Our EOR (employer-of-record) platform can help you onboard and manage recruits and build a solid global team without setting up a local entity in Chile. We can also help you guide through the appropriate background check in Chile for your needs.

Focus on what matters most: Let Skuad handle the complexities of building a global team in Chile!

FAQs

Q1. What is the criminal record check in Chile?

A1. The Chilean criminal record check verifies past convictions through the Civil Registry. Employers can request it with employees’ written consent and if it's relevant to the job.

Q2. What is an employer screening?

A2. Employer screening is popularly referred to as a background check and involves verifying information a job candidate provides. This can include checking criminal records, employment history, education, and sometimes credit history or social media. 

Q3. What are the labor laws in Chile?

A3. Chile's labor laws prioritize worker rights with a 45-hour workweek, minimum wage, and vacation leave. Employers contribute to social security; severance pay is required after a year. Strong data privacy protections apply to background checks, and unions are encouraged.

Q4. Do employers do international background checks?

A4. Yes, employers conduct international background checks, especially for positions involving high risk or those where the candidate has lived or worked abroad. These checks aim to verify education, employment history, and potentially criminal records across the countries of the candidate's stay.