The Ley Karin regulation: what Decree 21 requires from employers
Two obligations travel together and get confused: the prevention protocol, required directly by the Labor Code from every employer, and the investigation procedure, whose mandatory guidelines come from Decree 21. A company needs both operating, each with its own contents and deadlines.
The short answer
Decree 21 (2024) of the Ministry of Labor sets the mandatory guidelines for investigating sexual harassment, workplace harassment and workplace violence, in force since August 1, 2024 together with Law 21.643. The prevention protocol is a separate duty: Article 211-A of the Labor Code requires it directly from every employer, whatever its size.
The protocol: five minimum contents (Article 211-A)
The protocol is prepared and made available to workers with the support of the Law 16.744 administrating bodies (the mutuales), and must be part of the internal regulations (Article 154 No. 12). Article 211-A requires at least:
- Identification of hazards and evaluation of psychosocial risks associated with harassment and violence, with a gender perspective.
- Measures to prevent and control those risks, with measurable objectives and continuous improvement.
- Measures to inform and train workers on the risks and on their rights and responsibilities.
- Prevention measures fitted to the nature of the services and the operation of the company.
- Safeguards for the privacy and honor of everyone involved in investigations, and measures for inconsistent complaints.
On top of the protocol, the employer must inform workers every six months of the channels the company maintains to receive complaints (Article 211-A, final paragraphs).
The investigation procedure, step by step
Complaint and safeguards
The complaint can be verbal or written, before the employer or the Labor Directorate, with a receipt in every case (Article 11, Decree 21). The employer immediately adopts safeguard measures: physical separation, schedule redistribution and early psychological attention through the mutual (Article 13 and Article 211-B bis).
Investigate or refer
Within three days the employer decides: internal investigation or referring the file to the Labor Inspectorate (Article 211-C). If internal, it designates preferably someone trained in harassment, gender or fundamental rights (Article 14, Decree 21).
Conclude and report
The investigation is written, strictly confidential, hears both parties (Article 211-C; Article 15, Decree 21) and concludes within thirty days. The report goes to the Labor Directorate within two days of completion (Article 18, Decree 21).
Pronouncement and measures
The Directorate has thirty days to pronounce; its silence validates the report’s conclusions (Article 211-C). Once notified, the employer applies the measures or sanctions within fifteen calendar days, informing both parties (Article 19, Decree 21).
Missing these deadlines is not only an administrative infringement: an employer who did not observe the procedure answers with the increased indemnities of constructive dismissal. The amounts are detailed in sanctions and fines under Ley Karin.
Can the complaint be anonymous?
No. Article 11 of Decree 21 requires identifying the affected person with full name, ID number and email. Protection is built differently: strict confidentiality during the investigation (Article 211-C) and privacy safeguards in the protocol (Article 211-A). Anonymous channels belong to another regime: the whistleblowing channel of the crime prevention model of Law 20.393. A company subject to both regimes should design them as distinct channels with distinct rules.
Which conducts are covered
Article 2 of the Labor Code defines three families: sexual harassment (undue sexual requirements, unconsented, that threaten or harm the person’s job situation); workplace harassment (aggression or hostility, by the employer or co-workers, occurring once or repeatedly, that causes mistreatment, humiliation or threatens the job situation); and workplace violence from third parties outside the labor relationship, such as clients or suppliers. Since Law 21.643, a single act of harassment suffices.
Protocol on paper or protocol working?
The labor compliance review contrasts your protocol, channels and investigation procedure against Article 211-A, Decree 21 and the deadlines each one sets.
Review your labor complianceFrequently asked questions
What exactly does Decree 21 (the Ley Karin regulation) govern?
Decree 21 (2024) of the Ministry of Labor sets the mandatory guidelines that investigations of sexual harassment, workplace harassment and workplace violence must follow: form of the complaint, safeguard measures, investigator requirements, minimum proceedings, report contents and deadlines. It has been in force since August 1, 2024, together with Law 21.643.
Is the prevention protocol mandatory for every company?
Yes. Article 211-A of the Labor Code requires every employer, with no size threshold, to prepare and make available a prevention protocol for sexual harassment, workplace harassment and violence, with the support of the Law 16.744 administrating bodies. It must also be part of the internal regulations (Article 154 No. 12).
What deadlines does the procedure set?
Upon receiving a complaint, the employer investigates internally or refers the file to the Labor Inspectorate within three days (Article 211-C). The investigation concludes within thirty days. The report is sent to the Labor Directorate within two days of completion (Article 18 of the regulation), the Directorate has thirty days to pronounce and, once notified, the employer applies measures or sanctions within fifteen calendar days (Article 19).
Can a Ley Karin complaint be anonymous?
It is not designed to be anonymous: Article 11 of the regulation requires identifying the affected person with name, ID number and email. Protection comes another way: the investigation is conducted under strict confidentiality (Article 211-C) and the protocol must safeguard the privacy and honor of everyone involved (Article 211-A). Anonymous reporting channels belong to a different regime, the crime prevention model of Law 20.393.
Who can investigate a complaint inside the company?
The employer must preferably designate a person trained in harassment, gender or fundamental-rights matters (Article 211-C of the Code and Article 14 of the regulation). The investigation must be in writing, hear both parties and let them substantiate their statements, with the minimum proceedings of Article 15 of the regulation.
Official sources
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