New sexual and workplace harassment measures have been introduced

11 July 2024 2 min read

By Diego Gonzalez

At a glance

  • Karin's Law broadens the definition of workplace harassment to include any aggression or harassment that may undermine, mistreat, or humiliate a person, or affect their employment status or opportunities.
  • Karin's Law outlines six key changes an obligations from implementing formal reporting mechanisms, to worker training.
  • It is effective from 1 August 2024. 

On 1 August 2024, Karin’s Law will take effect 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 behavior.

There are six key changes an obligations which are outlined below. 

Expansion of the limits of discrimination and harassment. 

The law broadens the definition of workplace harassment to include any kind of aggression or harassment that may 'undermine, mistreat or humiliate a person or affect his or her employment status or employment opportunities.' 

Reporting channels. 

The law requires employers to implement formal mechanisms so that workers can report workplace and sexual harassment and violence.

Protocol for the prevention of sexual harassment, labor harassment, and violence at work. 

Employers are obligated to draft, publish, and implement a protocol containing the guidelines established by the Superintendence for Social Security and the administrative bodies of the occupational accident and occupational disease insurance companies to which they are affiliated.

Employer risk assessment matrices

The law requires employers to review and update their risk assessment matrices to include an outline of Acts of Violence in the Workplace and other concepts introduced by the law.

Internal rules of order, hygiene, and safety

Employers are required to modify their internal regulations to: 

  • incorporate the Prevention Protocol;
  • adjust investigation procedures; and
  • expand the definitions of discrimination, harassment, and violence.
    These updates must be made available at least 30 days in advance of their workplace implementation.

Worker training 

Employers must conduct internal trainings with the following objectives: 

  • at a general level, fostering a work culture free of harassment and violence;
  • at the management level, developing an understanding of how to identify risk factors and how to provide initial support to affected workers; and
  • at the management level and human resources level, ensuring compliance with the law, the prevention of risks established and the implementation of new investigation procedures.

For more information, please contact the authors or your DLA Piper relationship attorney.