Law Karin: New Legislation Against Workplace Harassment in Chile, Law No. 21,643

On January 15, 2024, the Official Gazette published Law No. 21,643, popularly known as Law Karin. This legislation, which will come into effect on August 1, 2024, introduces significant changes to the Labor Code and other laws to prevent, investigate, and punish workplace harassment, sexual harassment, and violence. Law Karin aims to transform work environments in Chile, promoting a safe and respectful workplace.

What Is Law Karin and How Did It Come About?

The law is named after Karin Salgado, a nursing technician who worked at the Hospital Herminda Martín in Chillán. Karin took her own life in November 2019 after facing a hostile work environment. Her tragic story, along with other similar cases, spurred the creation of this law. The legislative process began in June 2022, and after a year of debate and with the support of President Gabriel Boric’s administration, the project was approved in December 2023 and published in January 2024.

What Does the Law Establish?

Law Karin aligns with ILO Convention 190 on violence and harassment in the world of work. Here are the key points of the law:

1. Principles in Investigation: The law incorporates principles of confidentiality, impartiality, speed, and gender perspective in the investigation procedures of complaints. This ensures that investigations are handled fairly and respectfully.

2. Types of Complaints: Complaints can be submitted in writing or orally to the company, establishment or service, or the Labor Inspectorate. If the complaint is oral, the person receiving it must create a record, which must be signed by the complainant, who will receive a copy.

3. Immediate Protective Measures: Employers must take immediate protective measures, considering the safety of the complainant and providing early psychological support. These measures must go beyond current obligations.

4. Deadlines for Labor Inspectorate: If the complaint is made to the Labor Inspectorate, it must request the employer to adopt protective measures within a maximum of 2 days. These measures must be implemented immediately.

5. Company Investigation: If the complaint is made to the company or service, it can conduct an internal investigation or refer the matter to the Labor Inspectorate within 3 working days.

6. Corrective Measures: In cases of workplace violence, the investigation findings must include the corrective measures the employer will take to address the cause of the complaint.

7. Application of Sanctions: Based on the investigation report, the employer must apply the corresponding measures or sanctions within 15 days of receiving the report.

8. Information to the Parties: The adopted measures or sanctions must be communicated to both the complainant and the person accused.

9. Information on Reporting Channels: Employers are required to inform the complainant about the available channels for reporting incidents that may constitute crimes related to sexual harassment, workplace harassment, or violence at work.

10. Labor Inspectorate Intervention: If the Labor Inspectorate detects a violation of fundamental rights, it must file a complaint in court. In cases of sexual harassment, conciliation will not be mandatory.

Impact and Relevance

Law Karin represents a significant advancement in the protection of workers' rights in Chile. By establishing clear procedures for preventing and handling complaints, the law aims to protect workers and promote a safe and equitable work environment.

As the effective date approaches, it is crucial for companies to prepare to comply with the new regulations and contribute to creating a safer and more respectful work environment for everyone. Law Karin marks a milestone in Chilean labor legislation, promoting a necessary shift towards justice and respect in the workplace.