We invite you to read the LexLatin article in which our senior associate, Jocelyn Aros, commented on the entry into force of the Karin Law and its implications in the labor field.
As of August 1, Chile has new legislation that aims to prevent and avoid abusive situations in the workplace: the Karin Law. This law amends Article 2 of the Labor Code in order to establish a specific protocol to address, investigate and punish harassment, sexual harassment or violence in the workplace.
Why is it called Karin Law?
Law No. 21,643, popularly known as Karin Law, was sanctioned in honor of Karin Salgado, a nursing technician who committed suicide in 2019 after reporting persecution and hostility in her workplace, the Herminda Martín Hospital in the city of Chillán.
What does the law establish?
As reported by the Ministry of Women and Gender Equity, the Karin Law was drafted with a gender perspective and is aligned with Convention 190 of the International Labor Organization (ILO) on violence and harassment at work.
“The fact that the gender perspective is recognized makes it possible to concretely address existing inequalities in this area, especially in the workplace, whose focus is to motivate a cultural change, with the aim of bringing about greater inclusion of gender and diversities within work environments, thus eradicating gender-based discrimination,” says Jocelyn Aros, senior attorney at the firm Albagli Zaliasnik.
From now on, victims do not need to suffer repeated harassment to file a complaint: a single act of harassment is enough to be considered workplace harassment. It also sheds light on the concept of sexual harassment, defined as non-consensual requests of a sexual nature that threaten or harm the work situation.
This law, according to the Chilean Institute of Occupational Safety, “establishes the obligation of companies to implement policies and practices aimed at the prevention of psychosocial risks, as well as the promotion of the mental health and well-being of the worker”
Organizational culture, the touchstone of transformation
“The Karin Law represents a paradigm shift in labor relations, in which there is usually an inequality of power between worker and employer. In this sense, the change it establishes, together with the series of duties for employers, seeks to move towards an organizational culture based on respect and the prevention of harassment situations. In short, it seeks to eradicate violence in the workplace on all fronts in order to achieve a safe and respectful work environment,” says Aros, a master in labor and social security law.
According to the specialist, one of the main points of this regulation lies in the impossibility of declaring inadmissible a complaint of harassment, sexual harassment and violence at work, which means that companies will have to activate investigation procedures for each complaint, something that can lead to a deterioration in the working environment.
“One of the big calls to employers is to have an eminently preventive role in the face of facts or situations that may harm the work environment, keeping prevention protocols updated and taking preventive measures in the organizational climate,” he warns.
The new role of employers
With the entry into force of the Karin Law, employers have two major obligations:
1.Elaborate and make available to workers a protocol for the prevention of sexual and labor harassment and violence in the workplace, through the agencies that administer Law No. 16,744.
According to Jocelyn Aros, a specialist in labor and social security law at Albagli Zaliasnik, this document must comply with certain minimum content required by law, which, among other issues, requires the identification of hazards and the assessment of psychosocial risks associated with sexual harassment, workplace harassment and violence at work, with a gender perspective.
In addition, employers must report every six months on the channels maintained by the company for receiving complaints about non-compliance regarding the prevention, investigation and punishment of sexual and workplace harassment and violence at work, as well as the state instances for reporting any non-compliance with labor regulations and for accessing social security benefits.
2. Implement an internal investigation procedure in cases of complaints of workplace harassment, sexual harassment and workplace violence.
The law establishes that the affected person can make a complaint in writing or verbally. In this sense, Aros explains what the protocol should be, step by step:
- Upon receipt of the complaint, the employer shall immediately take the necessary measures to protect those involved. For this purpose, the employer shall consider the seriousness of the alleged facts, the safety of the complainant and the possibilities arising from the working conditions. Among other issues, the measures to be adopted will consider the separation of physical spaces, the redistribution of working hours and providing the complainant with early psychological care, through the programs provided by the respective administrative body of Law No. 16,744.
- If the complaint is filed with the Labor Inspectorate, the employer will be requested to adopt one or more of the protective measures indicated in the preceding paragraph, within a maximum period of two working days.
- If the complaint is filed in the company, establishment or service, the employer shall arrange for an internal investigation of the facts or, within three days, shall forward the information to the respective Labor Inspectorate.
- If an internal investigation is chosen, it must be in writing, be conducted in strict confidentiality and ensure that both parties are heard and can substantiate their claims.
- The investigation must be concluded within thirty days.
- Once finalized, it will be sent together with the conclusions to the respective Labor Inspectorate, which will have a term of thirty days to issue a pronouncement. In the event that the aforementioned term is met and there is no such pronouncement, the conclusions of the report will be considered valid, especially for the purpose of adopting measures with respect to the affected persons.
- Investigation procedures must be subject to the principles of confidentiality, impartiality, promptness and gender perspective.
What is meant by harassment at work?
According to the regulation, workers may report cases of bullying, use of offensive names or nicknames, shouting, insults, sexism, mansplaining, harassment and humiliation, among other behaviors. The complete protocol can be accessed on the official website of the Superintendence of Social Security by clicking here.
