The new law that will protect workers from workplace and sexual harassment

Starting August 1, the Karin Law will be implemented, which, according to the Minister of Labor and Social Security, Jeannette Jara, “The law focuses on the prevention of this type of conduct, and does so actively.” The legislation establishes the obligation on the part of companies and State administration bodies to have a protocol for the prevention of sexual harassment, workplace harassment and violence at work, in addition to establishing safeguarding measures and the recognition of early psychological care for workers who make complaints. It is a great step given the reality of the world of work.

“The Century”. Santiago. 5/7/2024. Everything is ready for the Karin Law to come into effect on August 1st, which modifies the Labor Code in terms of prevention, investigation and punishment of workplace harassment, sexual harassment and violence at work, giving greater protection to the country’s workers.

The new law was enacted in January of this year by President Gabriel Boric Font, together with the Minister of Labor and Social Security, Jeannette Jara, the Minister Secretary General of the Presidency, Álvaro Elizalde, and the Minister of Women and Gender Equality, Antonia Orellana.

The initiative, called the Karin Law, is named in recognition of Karin Salgado, a Higher Level Nursing Technician (TENS), who committed suicide as a victim of workplace harassment at the Herminda Martín Hospital in Chillán.

The Minister of Labor and Social Security, Jeannette Jara, said that “the first thing is that the Karin Law focuses on the prevention of this type of behavior, and it does so actively, because in Chilean society we tend to say ‘prevention is better than cure’, but in reality prevention is not done spontaneously or in the air. Measures must be taken and that is why the law requires public services and private companies to modify their internal regulations, their protocols and also to train their staff.”

She said that the new law establishes the obligation on the part of companies and state administration bodies to have a protocol for the prevention of sexual harassment, workplace harassment and violence at work, in addition to establishing protective measures and the recognition of early psychological care for workers who make complaints.

Jara added that the legislation “establishes a serious, confidential, transparent investigative process, with a limited time frame, where each of the stages that follow are known and where both the complainant and the accused have the right to exercise their powers. And, thirdly, sanctions are established that contemplate the whole broad spectrum of the range of possibilities, pointing out that in the public sector it is a lack of probability. And in the case of some authorities who have committed cases of sexual harassment, for example, political authorities such as mayors, this can lead to their dismissal.”

A few days ago, the Comptroller General of the Republic approved the Karin Law regulations, after being reintroduced by the Ministry of Labor and Social Security. This regulation establishes the guidelines for all investigations related to sexual harassment, workplace harassment and violence at work, specifying the rights and duties of the parties involved, whether the investigations are carried out by the employer or the Labor Directorate.

It was stated that all investigations must strictly adhere to principles such as gender perspective, non-discrimination, non-revictimization, impartiality, speed, reasonableness, due process and collaboration.

The law improves the investigation processes for sexual and workplace harassment in the public sector and requires employers to report twice a year to the respective channels for receiving complaints about non-compliance with the prevention, investigation and punishment of sexual and workplace harassment, and any non-compliance with the regulations governing public sector officials and private sector workers.

Minister Jeannette Jara explained that, in view of the law coming into force on August 1, several State institutions have already taken action and measures to implement the legislation and, to date, the Undersecretariat of Social Security has given 150 talks on the legislation throughout the country.

Some aspects of the new law

The initiative emphasizes the protection and fair and impartial treatment of the affected person, in addition to providing clear information about the procedure. The text states that “when a complaint is received, whether by the employer or the DT (Labor Directorate) and whatever channel is available, special protection must be given to the affected person, giving them fair and impartial treatment, providing clear and precise information about the investigation procedure.”

It is established that the investigation must be concluded within 30 days from the date of filing the complaint or from the date of receipt of the referral by the employer to the DT. Up to two days after the internal investigation is completed, the employer must send the report and its conclusions to the DT, which will have 30 days to make its pronouncement. Once the DT’s pronouncement has been notified, the employer has 15 days to apply the pertinent measures or sanctions, also informing the parties involved.

Corrective measures adopted by the employer are intended to prevent the recurrence of incidents and improve prevention protocols. These measures may include additional training, psychological support, and strengthening reporting channels.

As regards sanctions, workers sanctioned with dismissal may challenge the decision before the competent court, and must present evidence to contradict the reports that motivated the dismissal. Investigation of third parties.

The regulation also establishes guidelines for investigating conduct by third parties outside the employment relationship that affects employees, such as clients, suppliers or users, ensuring that these investigations are carried out in accordance with established guidelines.