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

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

Chile – Law changes on sexual and workplace harassment

What are the changes? There are a number of changes introduced by this new law, which include (but are not limited to): Broadened definition of harassment – the law expands 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
View
Article

UAE – New Mental Health Law and employers’ obligations

Who is protected under the Mental Health Law? The Mental Health Law applies to individuals who are diagnosed with a psychiatric disorder. Under the Mental Health Law, this means any person who has disturbances in thinking, mood, behaviour, perception, memory, or other mental abilities which can lead to a defect in the social, employment, or
View
I'm looking for advice


Subscribe to our mailings