In Chile, the Karin Law has already been implemented in all companies nationwide, aiming to prevent workplace harassment, sexual harassment, and workplace violence, thereby providing a transparent and calm space to report any situation that affects workers.
Many voices have spoken out in recent days to emphasize that this is not a joke, nor a witch hunt.
For this reason, it is vitally important to have an Internal Regulation that complies with the legislative requirements of the Karin Law. This regulation must be duly communicated to workers and must also clearly outline the communication channels for reporting any harmful incidents within the company.
How to file a workplace complaint under the Karin Law?
Fernando Carreño, an associate attorney at Apparcel Uriarte, explained that there is a very specific procedure for filing complaints under the Karin Law. This allows affected workers to be informed of their options and the steps they should follow.
“It is very important to inform workers about the existing communication channels for making any type of complaint or inquiry about an uncomfortable situation they are experiencing,” he analyzed. Likewise, “they should know which employees of the company will have access to that channel,” the expert added.
Furthermore, he stated that the Ministry of Labor has indicated that if the accused is a Manager, Administrator, or other representative of the company, the complaint should be referred to the Labor Directorate for investigation.
What is the procedure for handling complaints under the Karin Law?
According to the attorney, the ideal process is:
- Create a specific email address for this matter, such as denuncias@empleador.cl. This provides a simple and direct channel for workers to contact the responsible parties.There should also be transparency about who will have access to this complaint mailbox. Additionally, the law allows the complaint to be submitted in writing or verbally.
- In the case of a verbal complaint, the employer will be required to document this complaint in writing, asking questions such as: Who are the involved parties? When did the events occur? How has this situation affected you at work or in your personal life?This statement, initially verbal and then transcribed, will be signed by the worker, who will be informed of the next steps. It should also include the complainant’s information and personal email address.
- Notification to the accused workers: It is also essential to ensure that the accused is properly notified of both the existence of the complaint and its content, as well as the steps that will follow in the investigation.During the clarification process, both the complainant and the accused will have the right to a confidential, swift, and impartial investigation, with pre-established procedures that are known to all parties. They should also have access to the investigative file at all times.Additionally, provisional measures, such as separating workspaces, may be applied if necessary during the investigation.
What penalties does a worker face if reported?
When the investigation into a complaint under the Karin Law concludes that sexual harassment, workplace harassment, or workplace violence has occurred, the law establishes that the penalties may include dismissal of the worker for the causes outlined in Article 160 No. 1 letters b) “sexual harassment behaviors” or f) “workplace harassment behaviors,” depending on the severity of the incidents investigated, which should be recorded in the final report conclusions.
“It should be noted that not every act of harassment will necessarily end in dismissal. It could also result in milder penalties, such as a reprimand or the implementation of future corrective measures for one of the parties involved or for the company in general, even if the complaint is dismissed in this latter case,” adds Carreño.
Finally, the attorney notes that if dismissal is imposed as a penalty, the accused worker may challenge this decision in the competent labor court, where they will need to present evidence demonstrating that the investigation was not conducted properly due to procedural issues, which is why it is crucial to follow the established regulations and ensure that the investigator has sufficient competence and knowledge, ideally a lawyer.
What penalties does a company face if it fails to comply with the Karin Law?
Regarding penalties for companies, the professional indicated that if an employer fails to comply with the Karin Law, they may be subject to fines imposed by the Labor Inspection, the amount of which will depend on the number of workers the company employs.
“It will be necessary to review the document titled ‘fine typifier’ published by the Labor Directorate to determine how many or which fines may be applicable, depending on the employer’s non-compliance.”
Additionally, Carreño stated that not having an investigation procedure or having one that does not meet minimum established standards may allow workers to invoke an indirect dismissal, terminating the employment contract due to the employer’s non-compliance.
“There is also the possibility that a worker could claim that their fundamental rights are being violated,” he noted.