1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

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Chile
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Law No. 20.005 published on 18 March 2015, introduced amendments to the Labour Code detailing and prohibiting workplace harassment.

The Labour Code prohibits sexual harassment in the workplace, defining it as follows: “Non-consensual sexual requests which threaten the employment situation or opportunities of a worker.”

In this regard, the Labour Code gives some examples of prohibited conduct, including, among others:

  • Non-consensual physical contact;
  • Verbal proposals of a sexual nature;
  • Unsolicited gifts with romantic or physical connotations; and
  • Emails or personal letters containing sexual requests.

On 1 August 2024, Bill No. 21.643 (also known as Karin’s Law) came into force in Chile. This legislation makes changes to the Labour Code and other legal frameworks concerning sexual and workplace harassment, and introduces the concept of workplace violence. The law places new requirements on employers, with a focus on preventing, investigating, and penalising harassment and violent behaviour.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

The Karin’s Law modifies the minimum mandatory mention of the Company’s Internal Regulations of Order, Hygiene and Safety (“RIOHS”), regarding the investigation procedure for sexual harassment, labour harassment, and workplace violence complaints.

As previously mentioned, companies must also implement a protocol for the prevention of sexual harassment, workplace harassment and workplace violence. This protocol must contain, at least, the following regulations: (i) identification of psychosocial risks associated with sexual harassment, workplace harassment and workplace violence;

(ii) measures to prevent and control such risks; (iii) measures to inform and trin employees on the aforementioned risks; (iv) measures to prevent and protect against such risks; and (v) measures to protect the privacy and honour of those involved in the investigation and sanction procedures.

For those companies who are not required to have a RIOHS, they shall inform the employees at the time of execution of the employment contract about the sexual harassment, labour harassment and workplace violence prevention protocol, and its investigation and sanction procedure. This protocol and procedure must be incorporated into the Internal Regulations of Hygiene and Safety required by the Labour Accident and Professional Diseases Insurance Law.

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?

The #MeToo movement impacted the number of sexual harassment complaints received by the Labour Directorate. In fact, in Chile, during the first half of 2018, complaints increased 234.51% compared to the same period of 2017.

Nowadays in Chile, the number of sexual harassment complaints has increased due to the new regulations under Karin’s Law.

There are different ways to protect or compensate a victim of sexual harassment.

  • Mandatory investigation. If the employee or the Labour Directorate receives a report of sexual harassment, they are obliged to conduct an investigation and take action.
  • Grounds for termination of the employment contract. The employer can dismiss the employee who has sexually harassed another employee.
  • Constructive dismissal. The victim of sexual harassment may claim constructive dismissal and bring a claim against the company in the Labour Courts to receive compensation.
  • Procedure for the protection of the fundamental rights of the worker. The victim can sue his employer for having violated his/her fundamental rights. 

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

We are in the amber category.

6. Any other relevant information on workplace harassment?

In Chile, there is also a regulation prohibiting false allegations of sexual harassment. The employee who falsely reports another worker, will have to pay compensation for the damage suffered by his co-worker.

The procedures for the investigation of sexual harassment shall be subject to the principles of confidentiality, impartiality, celerity, and a gender perspective. When the investigation on sexual harassment is carried out by the employer, it should preferably be carried out by an employee with training in harassment, gender or fundamental rights.

Karin’s Law introduced a reduction of the term in which the Company must determine who will conduct the investigation for sexual harassment from five to three days.

Karin’s Law also allows claims regarding sexual harassment, to be filed verbally, in which case it establishes the duty of the person receiving the complaint to write a report and ask the complainant to sign it.

The Labour Board now has a term of 30 days to inform its opinion regarding the conclusion of the investigation of sexual harassment carried out by the Company.

Finally, the employer must inform the employees semi-annually the channels that the company has for filing complaints regarding these matters.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

No.