Cross-Border Catch-Up: Understanding Chile’s Karin Law on Harassment and Violence

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Goli Rahimi: Welcome to the Cross-Border Catch-Up, the podcast for global employers who want to stay in the know about cutting-edge employment issues worldwide. My name is Goli Rahimi, and I’m here with my colleague Lina Fernandez. We are both cross-border attorneys at Ogletree Deakins. And today, we are going to dive into Chile’s groundbreaking Karin Law, officially known as Law Number 21,647, which took effect on August 1st, 2024. This law sets up a comprehensive legal framework for preventing and addressing workplace harassment and violence. And it’s named in memory of Karin Salgado, a worker who took her life due to the constant harassment that she suffered at her workplace, which became a catalyst for change in Chile. Today’s episode will give you a breakdown of what the law covers, what it demands, and why it matters. So, let’s dive right in. Lina, for those of us who are not familiar with this new law, could you please give us a brief summary of what it is?

Lina Fernandez: Sure, Goli. So, the Karin Law in Chile aims to provide stronger protections for employees in the workplace. So, it doesn’t just talk about harassment in general terms, it actually defines it, provides different categories of what constitutes harassment, and it also sets clear procedures for how complaints should be handled. The law specifically addresses sexual harassment and the broader workplace harassment, but it also addresses a host of other unlawful conduct that may occur at work. So, it covers workplace violence and civic behavior and sexism.

Goli Rahimi: You mentioned those last three categories of unlawful conduct because it’s showing a trend towards making other forms of disrespectful behavior illegal, and not just those that were previously unlawful. For example, you mentioned uncivil behavior. Now that includes any rude or discourteous conduct. So, it doesn’t have to rise to the level of sexual harassment or sexual violence to be covered by the Karin Law.

Lina Fernandez: That’s right, Goli. And the Karin Law, like many anti-harassment legislation, it also includes requirements and mechanisms to report and investigate such conduct. So now, if an employee believes they have experienced any of these forms of misconduct, or even if they just know about a case, they can file a complaint, and they have the options to do so. They may file it with their employer, they may file it with the Labor Inspectorate, which in Chile is known as Dirección del Trabajo, or they can go directly to the labor courts. What happens next depends on whether the employer decides to investigate the case internally, if the complaint is filed with the employer, or if it passes to the Labor Inspectorate.
So, here’s how it breaks down. If the employer investigates the complaint internally, they have 30 days to complete the investigation. After that, the employer must send a report to the Labor Inspectorate between two business days. The Labor Inspectorate then has 30 days to respond or provide comments to the employer’s report. If the Labor Inspectorate does not provide any comments, then the employer’s report becomes final. If the employer refers the complaint to the Labor Inspectorate, then the employer has to do so within three days from receiving the complaint. And in that case, the Labor Inspectorate takes full responsibility for the investigation. It’s important to note that in either case, the employer must take immediate protective measures to safeguard the complainant while the case is being reviewed either by the employer or by the Labor Inspectorate. And that’s not negotiable.

Goli Rahimi: Now, I think it’s also important to point out that the Karin Law isn’t just about reacting. So, it’s not just about investigating complaints when they’re brought to the employer’s attention, but the law also talks about preventing this type of conduct. So, under this law, employers are now required to do the following. They must draft and share a clear internal protocol on harassment and violence. Now, this applies to every single employer regardless of their size. So both small, medium, and large-sized companies. The protocol must be included in the company’s internal health and safety regulations.
Additionally, the employer must educate and train employees on how to report misconduct. Right? This is key to bringing it to the attention of the company so they can undergo the investigation that you just talked about, Lina. They must also conduct internal trainings to ensure they’re building a safe and respectful workplace. Any affected workers must be properly supported, and potential risk factors need to be identified. And finally, of course, every investigation must be carried out fairly and effectively. So, this is not just a one-time effort. It’s not just a box that employers have to check on an annual or semi-annual basis. It’s about fostering a long-term culture of respect, equity, and safety.

Lina Fernandez: That’s right, Goli. So, to sum it up, Chile’s Karin Law, which went into effect last August, marks a major step forward in protecting workers’ rights and workers’ wellbeing. It’s not about just punishment; it’s about prevention, education, and creating safer, healthier work environments for everyone. Until next time, thank you for joining us for today’s Cross-Border Catch-Up. Follow us to stay in the know about cutting-edge employment issues worldwide.

Announcer: Thank you for joining us on the Ogletree Deakins podcast. You can subscribe to our podcast on Apple Podcasts or through your favorite podcast service. Please consider rating and reviewing so that we may continue to provide the content that covers your needs. And remember, the information in this podcast is for informational purposes only and is not to be construed as legal advice.