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.

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