Workplace harassment legal advisory under Law 21.643 (Karin Law) — Anguita Osorio.
Prevention protocols, internal investigations and Labor Directorate procedures.
Karin Law (21.643)
Law 21.643 — known as the Karin Law — is the Chilean statute that amends the Labor Code to prevent, investigate and sanction workplace harassment, sexual harassment and violence at work. It entered into force on August 1, 2024 and binds every employer, public or private, regardless of size.
Scope and addressees
Who must comply, what conduct is captured, and how it sits within the Labor Code.
The Karin Law modifies Articles 2, 184 and 211-A and following of the Labor Code, and articulates with Convention 190 of the International Labour Organization, ratified by Chile in 2023. It addresses three distinct categories of conduct — workplace harassment, sexual harassment and workplace violence — and obliges the employer to maintain prevention infrastructure independently of any specific complaint.
Workplace harassment
Any conduct constituting aggression or harassment exercised by the employer or by one or more workers against another or others, by any means, that has as its result undermining, mistreating or humiliating the affected person — whether or not repeated.
Sexual harassment
Any non-consented conduct of a sexual nature carried out by any means that threatens or harms the situation or work opportunities of the targeted person, regardless of whether the conduct is repeated.
Workplace violence
Conduct exercised by third parties unrelated to the employment relationship — clients, suppliers, users — that affects the worker on the occasion of, or as a consequence of, the provision of services.
Employer obligations
Five baseline duties that apply regardless of company size.
- Prevention protocol
Draft, formally adopt and update a workplace harassment, sexual harassment and violence prevention protocol. Must form part of the internal regulations and be communicated to every worker.
- Confidential complaints channel
Operate an accessible channel — written or electronic — that guarantees confidentiality of the complainant and the integrity of the process.
- Immediate protective measures
On receipt of a complaint, adopt immediate measures to safeguard the complainant: separation of work spaces, schedule changes, redistribution of duties or any other proportional measure.
- Internal investigation within 30 days
Conduct an internal investigation respecting due process and conclude it within a maximum of 30 calendar days. The employer may alternatively refer the investigation to the Labor Directorate.
- Reporting and follow-up
Adopt the resulting measures, document the file, communicate the outcome and report to the Labor Directorate when so required.
Sanctions and liabilities
Failure to comply triggers administrative, civil and — in serious cases — criminal exposure.
Layered exposure
- Administrative fines under the Labor Code general infraction scale, calibrated to company size.
- Civil liability of the employer for damages caused, on the basis of Article 184 of the Labor Code (duty to safeguard).
- Criminal exposure for the perpetrator in serious cases (sexual harassment, threats, assault).
- Reputational impact: Labor Directorate resolutions are public.
Frequently asked questions
What is the Karin Law?
Law 21.643, known as the Karin Law, is a Chilean statute that amends the Labor Code and related instruments to prevent, investigate and sanction workplace harassment, sexual harassment and violence at work. It entered into force on August 1, 2024 and requires every employer, public or private, to maintain a prevention protocol and a complaints channel.
Which employers does the Karin Law apply to?
It applies to every private-sector employer and to the State Administration regardless of size. It covers companies, foundations, corporations, public services and municipalities. The duty to maintain a protocol does not depend on headcount.
What obligations does it impose on companies?
The main duties are: (i) drafting and maintaining a workplace harassment and violence prevention protocol; (ii) operating an accessible, confidential complaints channel; (iii) initiating an investigation within statutory deadlines once a complaint is filed; (iv) adopting protective measures for the complainant; and (v) reporting the facts to the Labor Directorate when applicable.
What deadlines apply to the investigation?
The employer must adopt protective measures immediately. The internal investigation must close within a maximum of 30 calendar days from the complaint. If the employer refers the investigation to the Labor Directorate, the agency has an additional 30 days to issue its report.
What sanctions can the Labor Directorate impose?
Fines for breaching the protocol or the duty to investigate follow the Labor Code general infraction scale. Severity depends on company size and the nature of the breach. Conduct can additionally trigger civil liability for the employer and, in serious cases, criminal proceedings.
How does the Karin Law relate to ILO Convention 190?
Law 21.643 implements the standards of ILO Convention 190 on violence and harassment in the world of work, ratified by Chile in 2023. The framework introduces a gender perspective and a broad preventive approach enforceable in every workplace, including remote work.
Official sources
Primary sources for further reference.
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