On August 1, the Karin Law came into effect, designed to eradicate workplace harassment in companies and promote employee well-being. Since its implementation, this regulation has sparked a series of controversies, exposing loose ends in its enforcement and challenges for organizations.
According to data from the Chilean Safety Association, in the first two months of Law No. 21,643’s application, nearly 3,000 cases related to workplace harassment, sexual harassment, and violence at work were reported. Of these, 81.3% corresponded to workplace harassment, 14% to workplace violence, and 4.7% to sexual harassment.
The most common workplace harassment situations are linked to conflicts between colleagues, including bullying, mistreatment, and accusations of inappropriate behavior. There have also been documented cases of harassment by supervisors, characterized by abuse of power, excessive workload, and verbal mistreatment.
One of the main loose ends lies in the redefinition of workplace harassment. The new law eliminated the requirement of repetition to constitute harassment, leaving a thin line between isolated incidents and actual harassment cases. This forces companies to adjust their processes, leading to higher costs in admission tests, behavior monitoring, and evidence collection to support potential defenses against complaints.
Additionally, the law introduces the concept of workplace violence, a phenomenon that primarily affects sectors such as education, healthcare, and retail, where users or customers are often the perpetrators. The regulation requires employers to implement a prevention protocol following the guidelines of the Superintendence of Social Security. This protocol must include:
- Identification of workplace risks
- Risk mitigation and management measures
- Regular training for employees and coordinators
- Continuous information on reporting channels
These obligations entail high costs, such as training programs and hiring lawyers for both advisory services and complaint investigations. For many small and medium-sized enterprises (SMEs), these expenses could be unsustainable, threatening their economic viability.
What Can Be Done?
While the Karin Law has a commendable purpose, its implementation lacks clear tools and guidelines, generating uncertainty and burdens for businesses. To mitigate these challenges, organizations must prioritize prevention—not just as a legal and economic tool, but as a commitment to the care, respect, and dignity of employees.
Promoting an organizational culture based on prevention allows risks to be identified before they become serious problems, strengthens trust within teams, and improves the work environment. This approach not only protects workers’ rights but also contributes to the long-term sustainability and success of businesses.
Ultimately, prevention is an investment that reinforces the fundamental pillars of any organization: its people.
Catalina Pardo, Manager at Apparcel Uriarte Abogados