What fines and sanctions do employers face under Ley Karin?
Searching for a single "Ley Karin fine" leads nowhere: the exposure is distributed. Administrative fines scale with company size, and the larger amounts appear in court, where the indemnities are measured in monthly salaries, not UTM.
The short answer
Ley Karin created no special fine. Breaches of the protocol and procedure are sanctioned under the general scale of Article 506 of the Labor Code: 1 to 5 UTM per infringement in micro companies, up to 3 to 60 UTM in large ones. The larger exposure is judicial: up to eleven salaries in tutela claims (Article 489) and surcharges of up to 80% in constructive dismissal (Article 171).
The pattern that matters: every duty the law imposes on the employer (protocol, safeguard measures, investigation deadlines) is both a sanctionable infringement when omitted and the employer’s best defense when observed.
Administrative fines: the Article 506 scale
The Labor Code classifies employers by headcount (Article 505 bis) and assigns each tier a fine range per infringement (Article 506). The ranges can double or triple in the cases the article itself contemplates, and separate breaches accumulate: lacking a protocol, omitting safeguard measures and missing the investigation deadline are distinct infringements.
1 to 5 UTM
Per infringement without a special sanction (Article 506).
1 to 10 UTM
Per infringement without a special sanction (Article 506).
2 to 40 UTM
Per infringement without a special sanction (Article 506).
3 to 60 UTM
Per infringement without a special sanction (Article 506).
Which employer conducts are infringements
- Not having the prevention protocol, which is mandatory for every employer and part of the internal regulations (Articles 211-A and 154 No. 12). What it must contain is covered in the regulation and the protocol.
- Not adopting immediate safeguard measures upon receiving a complaint: physical separation of those involved, schedule redistribution and the others of Article 211-B bis.
- Neither investigating internally nor referring the file to the Labor Inspectorate within three days, or exceeding the thirty-day limit to conclude (Article 211-C).
- Not informing workers every six months of the complaint channels the company maintains (Article 211-A, final paragraphs).
The larger exposure: indemnities in court
A tutela claim for violation of fundamental rights in connection with dismissal adds to the ordinary termination indemnities, with their surcharges, an additional indemnity that the judge sets between six and eleven monthly salaries (Article 489). For a professional salary, that alone exceeds by far any fine of the Article 506 scale.
The constructive dismissal of Article 171 works in the same direction: sexual and workplace harassment are grounds of Article 160 No. 1, and the worker who terminates the contract for them can obtain the years-of-service indemnity increased by up to 80%. The same article closes the circle: an employer who did not observe the Title IV procedure answers under those provisions. Investigating on time and in proper form is not a formality; it is what stands between the company and the surcharge.
Since Law 21.643, workplace harassment requires no repetition: a single act suffices when it causes mistreatment, humiliation or threatens the worker’s situation (Article 2). That widens the universe of complaints a company must be prepared to process correctly.
Does your procedure withstand a complaint?
The labor compliance review verifies the protocol, the complaint channels and the investigation procedure against the deadlines and requirements of the Labor Code and the regulation.
Review your labor complianceFrequently asked questions
What fine does a company without a Ley Karin protocol face?
The prevention protocol is mandatory for every employer (Article 211-A of the Labor Code) and must be part of the internal regulations (Article 154 No. 12). Its omission is sanctioned under the general scale of Article 506: 1 to 5 UTM for micro companies, 1 to 10 for small, 2 to 40 for medium and 3 to 60 UTM for large companies, per infringement.
Does the fine depend on company size?
Yes. Article 505 bis classifies employers by headcount: micro (1 to 9 workers), small (10 to 49), medium (50 to 199) and large (200 or more), and Article 506 assigns each tier its fine range. The ranges can also double or triple in the cases the same article contemplates.
What if the company neither investigates nor refers a complaint?
Upon receiving a complaint, the employer must start an internal investigation or refer the file to the Labor Inspectorate within three days; in any case the investigation must conclude within thirty days (Article 211-C). Failing to do so is a sanctionable infringement and, if the worker opts for constructive dismissal, an employer who did not follow the procedure answers with the increased indemnities of Article 171.
How much can a fundamental-rights (tutela) claim cost?
If the violation of fundamental rights occurs in connection with dismissal, the judge orders the termination indemnities with their surcharges plus an additional indemnity set between six and eleven monthly salaries (Article 489). That amount adds to administrative fines; it does not replace them.
Can a worker claim constructive dismissal under Ley Karin?
Yes. Sexual and workplace harassment are grounds under Article 160 No. 1 and enable the constructive dismissal of Article 171, with the years-of-service indemnity increased by up to 80%. The same rule provides that an employer who did not follow the Title IV procedure answers under those provisions: following the procedure is also the defense.
Official sources
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