A journalist is not covered by Labour Law No. 4857. Article 1 of Law No. 5953 establishes this expressly: the Law creates a separate regime for intellectual and artistic workers who fall outside the definition of "worker" in the Labour Law. The distinction is not theoretical — it changes the amount you pay.
The Main Differences
| Subject | Law 5953 (journalist) | Law 4857 (worker) |
|---|---|---|
| Seniority | From first entry into the profession — total service in the profession | Service with the same employer |
| Annual leave | 4 weeks; 6 weeks after more than 10 years in the profession | 14–26 days by seniority |
| Leave seniority | Total service in the profession | Service at the same workplace |
| Annual bonus | At least one month's wage at the end of each year of service (Art. 14) | No statutory obligation |
| Notice (by the employer) | 1 month under 5 years, 3 months at 5 years and above | 2–8 weeks by seniority |
| Notice (by the journalist) | 1 month in every case | 2–8 weeks by seniority |
| Overtime premium | 50%; hours after 00:00 at double | 50% |
| Overtime ceiling | 3 hours a day | 270 hours a year |
| Probation | Max. 3 months, only on first entry to the profession | Max. 2 months (4 months by collective agreement) |
| Weekly rest | 1 day after six days' work; 2 days for continuous night work | 1 day a week |
| Non-compete | Void for the period after the job ends (Art. 13) | Valid if the conditions are met (Code of Obligations Art. 444) |
| Disputes | Labour courts (Add. Art. 4) | Labour courts |
The Three Most Expensive Differences
1. Seniority. This is where Law 5953 diverges most sharply. Under Article 6 a journalist's seniority is calculated from first entry into the profession. If you hire a reporter with ten years in the profession, their seniority is ten years even on their first day with you.
The direct consequence appears in annual leave: a journalist with more than ten years in the profession is entitled to six weeks from day one.
2. The annual bonus. Under Article 14 journalists receive a bonus of at least one month's wage at the end of each year of service. Law 4857 has no such obligation; a bonus there depends on the contract or workplace practice. When planning payroll this is not an option but an obligation.
3. Overtime after midnight. Under Additional Article 1 overtime is paid at 50% above the normal hourly rate; however, hours falling after 00:00 are paid at double. In a newsroom that closes at night this difference takes up serious space on the payroll.
Where the Two Laws Meet
The separation is not absolute. Law 5953 refers to Law 4857 in places, and disputes under both statutes are heard by the labour courts (Add. Art. 4).
We cover the individual points in the seniority article, the annual leave article, the annual bonus article and the overtime article.
Bottom Line
Journalists are governed by Law No. 5953, not Law No. 4857. The three costliest differences are seniority counted from first entry into the profession, the mandatory annual bonus of at least one month's wage, and overtime after midnight paid at double. Underpaying overtime carries a fine of five times the shortfall.