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Oscar Aitken

Oscar Aitken



  • Corporate Immigration
  • Infrastructure and Project Development
  • Construction and Engineering
  • Labor and Employment Law

WSG Practice Industries


WSG Leadership

Employment and Labor Group
IBA Group
WSG Coronavirus Task Force Group



Partner of Carey and co-head of the Labor and Corporate Immigration Group and co-head of the Construction and Engineering Group. His practice includes litigation and arbitration, contracts, and general civil practice.

His labor and corporate immigration practice includes collective bargaining, union matters, unfair labor practices, compensation and benefits, discrimination and general violations of employee fundamental rights, employment termination, work related illnesses and accidents, labor related litigation of all types, as well as work permits and visas for foreign personnel.

In the construction and engineering practice, Mr. Aitken has vast experience in contracts for all phases of engineering work, as well as in all forms of construction and infrastructures related contracts including Design Built, EPC, EPCM and BOT. His practice ranges from experience with early stages of project development to bidding (including public concessions and PPP project), negotiation and preparation of contract documents, claims management and dispute resolution.

Mr. Aitken also has experience in real estate and has been involved in a variety of projects from development of natural conservation parks to housing projects, office and apartment buildings, hotels, industrial developments, etc.

Bar Admissions

Chile (1989).


  • Law, Universidad de Chile (Summa Cum Laude).
  • LL.M., University of Michigan (1991).
Areas of Practice

Construction and Engineering | Corporate Immigration | Infrastructure and Project Development | Labor and Employment Law

Professional Career

Significant Accomplishments

  • Lawyer of the Year Award in Immigration Law, Best Lawyers (2020).
  • Recognized in Labor and Employment and in Projects, Chambers Latin America.
  • Recognized in Project Finance & Infrastructure and in Labor, Latin Lawyer 250.
  • Recognized in Labor and Employment, The Legal 500.
  • Recognized in Labor and Employment, LACCA.
  • Recognized in Thought Leaders: Construction and Labor & Employment; and in Corporate Immigration, Government Contracts, Mediation, Pension & Benefits, Who’s Who Legal.
  • Recognized in Immigration Law, Labor and Employment, Project Finance and Development, Best Lawyers.
  • Recognized in Project Development, IFLR1000.
  • Lawyer of the Year Award in Labor & Employment, Best Lawyers (2015).
  • Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).
  • Recognized in Construction, Expert Guides.

Professional Activities and Experience

  • Professor of the Degree in Corporate Governance and Compliance, Law School, Universidad del Desarrollo (since 2018).
  • Professor of Specialization in Construction Law, Law School, Universidad de los Andes (since 2015).
  • Vice co-chair and co-chair of the Dispute Resolution Sub-Committee and International Construction Projects Practice Group, International Bar Association (2010-2014).
  • Arbitrator of the Arbitration and Mediation Center, Santiago Chamber of Commerce.
  • Founding fellow and past board member, International Academy of Construction Lawyers (IACL).
  • Founding fellow and president, Chilean Society of Construction Law.
  • Member of the Chilean Bar Association.
  • Member and past board member, Centro de Estudios de Derecho del Trabajo (CEDET).
  • Member of the American Immigration Lawyers Association (AILA).
  • Carey’s representative at Employment Law Alliance (ELA).
  • Assistant Professor of Labor Law, Universidad de Chile (1990-1999).


Regulation on Specific Conditions of Safety and Health Applicable for Remote Work or Telework
Carey, July 2020

On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”)...

Law No. 21,232 that Amends Law No. 21,227, Which Authorizes Access to the Benefits of the Unemployment Insurance under Law No. 19,728 in Exceptional Circumstances, in the Matters it Indicates
Carey, June 2020

On April 6, 2020, Law No. 21,227 entered into effect, authorizing access to the benefits of the unemployment insurance in the context of the sanitary crisis caused by Covid-19 (hereinafter, the “Law on Employment Protection” or “LEP”). In order to improve the practical application and implementation of the aforementioned act, on June 1, 2020, Law No...

Law No. 20,940 That Modernizes Labor Relations
Carey, September 2016

On September 8th, 2016, Law No. 20,940 was published. The law is aimed at the “Modernization of Labor Relations” (hereinafter the “Labor Reform” or the “Law”). The aim of the Labor Reform is to develop labor relations that are more modern, fair and balanced between the parties, and promote dialogue and agreement...

Additional Articles

  • Author of the Chilean chapter in Covid-19 Latin America Guide for Employers, Employment Law Alliance (ELA) (2020).
  • Co-author of the Chilean chapter of Construction and Projects Q&As Global Guide, Thomson Reuters (2018-2020).
  • Co-author of Chilean chapter, Outsourcing Book, Getting the Deal Through (2013-2015).

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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