/ Companies Without the Right to Strike: How to Prepare for the Next Qualification Process
October 13, 2026The next qualification process for companies without the right to strike will take place in May 2027. Preparing in advance is key to identifying potential gaps, gathering the necessary documentation, and submitting a well-supported application.
Francisco Espinoza
Director of the Labor Practice
The recent publication of Exempt Resolution No. 1,250 of 2026, issued jointly by the Ministries of Labor and Social Security, National Defense, and Economy, Development, and Tourism, brings renewed attention to an issue that many companies only review as the filing deadline approaches. Experience from the last process shows that waiting until that stage to prepare is often too late.
The resolution amended the list of companies whose workers cannot exercise the right to strike under Article 362 of the Labor Code, following several rulings by the Santiago Court of Appeals. As a result, some companies were added to the list, while another was removed.
Beyond the specific outcome of each case, this development is significant for the upcoming qualification process. Recent precedents show that simply invoking the importance or strategic nature of an activity is not enough. The application must be supported by evidence that adequately demonstrates the risks that a work stoppage could cause.
May 2027: Now Is the Time to Prepare
The next biennial qualification process will take place in 2027, and well-founded applications must be submitted no later than May 31 of that year.
Experience from the last process shows that the strongest applications are not put together in the weeks leading up to the deadline. Gathering supporting documentation, defining the scope of the application, and compiling evidence typically require several months of work and internal coordination.
For this reason, the period following the publication of this resolution presents an opportunity to assess the company’s position in advance and properly prepare the documentation that may be required for the 2027 process.
What Should Companies Review Now?
Among other aspects:
- The potential applicability of any of the grounds set forth in Article 362 of the Labor Code.
- Whether it is advisable to request full or partial qualification.
- The identification of functions, facilities, or work sites on which an application could be based.
- The available evidence regarding the impact of a work stoppage, the affected users, and existing replacement alternatives.
- The current regulations governing minimum services and emergency teams.
- Any evidentiary or documentary gaps that should be addressed before submitting the application.
Early Preparation Makes the Difference
The publication of Exempt Resolution No. 1,250 not only resolves the disputes arising from the 2025 process, but also provides useful guidance for those preparing for the next qualification process.
For human resources, labor relations, corporate affairs, and legal teams, this is an ideal time to assess whether there are grounds for a future application and identify any gaps that should be addressed before May 2027.
An early review allows companies to develop a strategy, gather the necessary supporting documentation, and enter the process with a well-supported application, rather than facing the deadline with incomplete or insufficient information.
Our team advises companies and organizations on the assessment, preparation, and review of qualification applications under Article 362 of the Labor Code.
For more information, contact Francisco Espinoza, Director of the Labor Practice at Alessandri Abogados.
