Chile, Spain labor courts see case surge, call for new evidence protocols

In Chile, filings to labor courts have more than tripled in five years, rising from 35,450 to over 112,000 cases. Dismissals for unfair termination alone increased 262%, now accounting for about 60% of all labor proceedings. The surge reflects broader reforms that have raised employer obligations, such as the Karin Law, a reduced 40‑hour workweek, and stricter data‑protection rules. A recent collapse of Chile’s virtual judicial office, triggered by the automated submission of more than 38,000 AI‑generated documents, highlighted the strain on the system.

Spain faces a similar tightening of labor‑justice standards. Courts now demand concrete, objective evidence for disciplinary dismissals; a simple claim of “loss of trust” is no longer sufficient. Companies are advised to adopt forensic digital‑evidence protocols, including audits of information flows, preservation of original electronic records, and expert analysis of emails, system logs, and metadata, to demonstrate that terminations are based on verifiable misconduct rather than retaliation.

Both countries see the rise in labor litigation as a trans‑national trend, prompting calls for increased judicial capacity and modernized evidentiary procedures to protect workers’ rights while ensuring fair corporate compliance.