Foreign Voting Rights In Chile And Around The World: What Employers Need To Know

With Chile's presidential election fast approaching, a last-minute debate has emerged over whether compulsory voting rules should apply to foreign residents. We look at what this means for employers in Chile, together with the position on foreign voting rights (and employer obligations) in nine other countries.

Foreign voting rights in Chile

On 16 November 2025, Chile will hold its presidential elections, a pivotal democratic event that will determine the nation's highest executive authority for the next four years

Voting in Chile has been compulsory for eligible voters (including Chilean citizens and foreign residents) in all elections and referendums since 2023, with the exception of primary elections to select candidates. The legislature is responsible for determining the fines or penalties that apply if this obligation is not fulfilled.

Foreign nationals are eligible to vote (and therefore subject to the compulsory voting rules) if they have been resident in Chile for more than five years and meet the requirements for obtaining citizenship, i.e. they have reached the age of majority and have not been convicted of a serious crime.

Employer obligations on election day

Against this context, Chilean labour law imposes a clear obligation on employers to facilitate the exercise of the right to vote for all their workers, regardless of their nationality. According to the electoral regulations, employers must grant a mandatory legal holiday for workers employed in commercial and service establishments that serve the public directly, when they work in shopping centres or complexes managed under the same legal entity or corporate personality. This means that malls, supermarkets, and other stores located within premises with common administration must remain closed for the entirety of election day. Commercial establishments that, although belonging to the retail sector, are located outside of these centralised premises are exempt from this requirement.

For those employees who are exempt from rest on Sundays and public holidays as a result of the nature of their work activities, their employer must grant up to three hours of paid leave to vote on election day, without any deduction from their salary. The period indicated is the minimum time guaranteed by law; therefore, there is nothing to stop the parties agreeing to a longer leave period. Finally, employers in Chile are required to take all necessary measures to ensure that employees can exercise their right to vote. This includes considering the travel time between the employee's workplace and their polling station.

These obligations apply equally to Chilean citizens and to foreign residents who are eligible to vote, reinforcing the principle of non-discrimination and the universality of the right to suffrage in the workplace.  Failure to comply exposes organisations to administrative sanctions and potential labour claims, underscoring the seriousness with which the Chilean legal system treats the right to political participation.

The debate over compulsory voting for foreign residents

However, today, and just under a month before the presidential and legislative elections in Chile, a parliamentary debate remains ongoing regarding compulsory voting for foreign natioanls, specifically with regard to penalties for not voting and flexibility in the documentation they must present on election day. This discussion is significant, as according to figures from the Electoral Service (SERVEL), there are approximately 800,700 foreign voters representing almost 5.6% of the electoral roll and approximately 11% of the Chilean workforce in 2024.

This legislative debate is not one-sided; political parties from both ends of the spectrum have engaged on the question of whether foreign voters can move the electoral needle, as has already been seen at the local level.

The key issue in this debate is the tension between the right to vote, and the penalty imposed. Under the proposals from the incumbent administration, foreign residents would retain the right to vote, but would not be penalised for not doing so, which could weaken its mandatory nature in practice. Others have suggested tightening documentary requirements, which could be seen as a means of limiting their participation. Currently, an eligible foreign resident is permitted to vote with an identity card or passport that has expired up to one year ago; however, the proposed change would mean that they must have a valid identity card.

Takeaway for employers

The current legislative debate on compulsory voting for foreign residents and the associated penalties is not only a matter of public or constitutional law but also has direct implications for labour relations and corporate compliance. Organisations should monitor these potential developments to the legal framework, as any changes regarding the obligations or rights of foreign voters will directly affect their own responsibilities as employers. Ensuring that all eligible workers, Chilean citizens or foreign residents, can exercise their right to vote without obstacles is not only a legal duty, but also a key element in promoting an inclusive and democratic work environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.