Chile – Amendments to the Labor Code on workplace and sexual harassment and violence at work

What’s new?

On 13 December 2023, the bill “Ley Karin” was approved, which will reform the Labor Code on the prevention, protection, and punishment of workplace and sexual harassment, and violence at work.

What are some of the key reforms?

  1. Employers will be required to have a protocol in place which addresses the prevention of sexual harassment, workplace harassment and violence at work. The policy needs to meet certain requirements including, amongst others, measures to: prevent such harassment and violence, protect the privacy of those involved in an investigation procedure, and inform and train employees of their rights and responsibilities.
  2. Labor relations must be: (i) based on treatment free of violence, (ii) compatible with the dignity of people; and (iii) considerate of gender equality (for which the Code will imply the adoption of measures aimed at promoting equality and eradicating gender discrimination).
  3. The Code extends protection “to those who suffer from violence at work caused by third parties unrelated to the employment relationship”.
  4. The definition of workplace harassment will change to: “any conduct that constitutes aggression or harassment exercised by the employer or by a worker, against another, by any means, whether once or repeatedly, and which results in impairment, mistreatment, or humiliation for the affected person(s) or that threatens or harms their employment situation or opportunities”.
  5. Employers which are not currently required to prepare internal regulations, will be obliged to inform workers at the time of signing an employment contract of their protocol against workplace harassment, sexual harassment, and violence at work, and of the preventative measures and sanctions in place at the employer.

So, what should employers do now?

Employers should review their current measures for the protection against workplace harassment, sexual harassment, and violence at work, and make any necessary changes to their internal processes to ensure compliance once these reforms come into effect. If you need any support with this, or would like any further information, please get in touch with a member of the MDR ONE team.

Article

Resource Centre

Resource

Navigating labour, employment and executive compensation challenges in global M&A

The digital session covered: Due diligence issues relating to worker status, work councils, PEO/EOR arrangements, contracted benefits, and transfer mechanisms.  Executive compensation and benefit matters relating to share plans, share options, phantom equity plans, and cash bonuses.  The range of deal issues employers may face throughout the transaction lifecycle.      Key speakers Dominic Wrench, Managing
View
Article

UK – New duty to prevent sexual harassment in the workplace

What is ‘reasonable’ will depend, partly, on an employer’s size and resources, and the nature of the workplace. Failure to take active measures could result in increased (up to a 25% uplift) compensation for a sexual harassment claim and/or direct enforcement action by the Equalities and Human Rights Commission. What should employers do now? Employers
View

UK – Paternity Leave (Bereavement) Act 2024 passed into law

How does the Act change the law? Under the current law, statutory paternity leave lasts up to two weeks and the employee must  (1) have been continuously employed for 26 weeks by the qualifying date (which is around the 26th week of pregnancy in birth or surrogacy cases, and the week when they are matched
View

Poland – New Act on the protection of whistleblowers

To whom does the Act apply? The headcount threshold is assessed as of 1 January or 1 July of a given year and includes employees and persons performing paid work on a basis other than employment. No threshold applies to companies conducting financial, transport safety and environmental protection activities, who must have an internal whistleblowing
View
I'm looking for advice


Subscribe to our mailings