Post by Ian Cardenas, Paralegal
In an effort to foster a workplace environment that upholds the dignity and safety of all employees, Chile has enacted Law N°21.643, commonly referred to as “Ley Karin.” Effective from July 1, 2024, this pivotal legislation introduces significant amendments to the labour code and other legal frameworks, specifically targeting labour and sexual harassment. Ley Karin mandates that companies ensure a violence-free workplace and underscores the importance of maintaining a respectful and dignified work environment. The law’s comprehensive approach includes key changes such as recognizing a single act of harassment as sufficient for legal action, addressing third-party violence, and removing the necessity for a negative impact on the worker to qualify as harassment. This blog post explores the essential modifications brought about by Ley Karin and outlines the obligations imposed on employers to comply with the new standards.
Key context of the changes
The law N°21.643 (Ley Karin) modifies the labour code and other legal bodies on labour and sexual harassment.
This law, which comes into force on 01 July 2024, aims to ensure that companies guarantee a work environment free of violence and compatible with the dignity of the person.
This law brings about a number of changes that companies must make, which can be summarised as follows:
- In matters of harassment at work, the repetition of the conduct is no longer relevant. A single act that may undermine, mistreat or humiliate a person or affect his or her employment status or employment opportunities shall be sufficient to constitute harassment.
- Violence at work by third parties, such as clients, suppliers, among others is introduced;
- The requirement that constitutes harassment at work of causing a negative effect on the worker at work is eliminated.
Protocol for the Prevention of Sexual Harassment, Workplace Harassment and Violence in the Workplace.
Companies must implement in their internal regulations a protocol for the prevention of sexual harassment, workplace harassment and violence at work.
This document should address, as a minimum, the following points:
- Identification of hazards and psychosocial risk assessment of Acts of Violence, with a gender perspective.
- Measures to prevent such risks, with measurable objectives.
- Continuous training of workers.
- Measures to prevent acts of violence, to protect the privacy and honour of those involved, as well as the procedures for investigating such behaviour.
Obligation of companies
The law establishes the obligation of companies to investigate acts of violence and harassment, following the guidelines of the enacted law, a procedure which must consider:
- The possibility of making verbal or written complaints both to the company and to the Labour Inspectorate.
- If the complaint is made within the company, the employer must take immediate protective measures and may either carry out the investigation internally or, within three days, must forward the information to the Labour Inspectorate for investigation. In either case, the investigation must be completed within 30 days.
- If an internal investigation is chosen, it must be in writing and must be subject to the principles of confidentiality, impartiality and gender perspective.
- Once the investigation is completed, the findings must be submitted to the Labour Inspectorate. The Labour Inspectorate will have 30 days to give its opinion on the findings. In the absence of a reply, the findings of the report will be considered valid.
Finally, the employer must apply the corresponding measures or sanctions within 15 days of receipt of the Labour Inspectorate’s response.
Conclusion and action-points
Ley Karin represents a major stride towards enhancing workplace safety and dignity in Chile. By broadening the definition of harassment, including third-party violence, and eliminating the requirement for repeated conduct, the law strengthens protections for employees. Companies are now tasked with implementing robust protocols for preventing and addressing sexual harassment, workplace harassment, and violence, ensuring these measures are gender-sensitive, confidential, and impartial. The mandatory procedures for investigating complaints emphasize timely and thorough responses, reinforcing the commitment to a respectful workplace. As Ley Karin takes effect, it is imperative for employers to adapt their policies and practices to meet these new legal standards, thereby contributing to a more just and humane work environment.
