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Ley Karin: Chile’s New Workplace Harassment Law Effective August 2024

BTN News: Chile is taking a significant step forward in protecting workers from harassment and violence in the workplace with the enactment of the Ley Karin in 2024. Named after a tragic case of workplace bullying that led to the suicide of Karin Salgado, a healthcare worker, the legislation aims to address long-standing issues of abuse in Chilean work environments. Effective from August 1, 2024, this law brings a fresh focus on prevention, accountability, and gender-based workplace protection.

The Ley Karin introduces a mandatory framework for both public and private organizations, requiring them to adopt formal protocols that prevent and address cases of workplace harassment and violence. Inspired by International Labour Organization (ILO) Convention 190, it emphasizes safeguarding employees while holding offenders accountable through a clear process of investigation and sanctions.

Why the Law is Called “Ley Karin”

Ley Karin, officially titled Law No. 21.643, derives its name from Karin Salgado, a healthcare worker from the city of Chillán who tragically took her life after suffering relentless workplace harassment. Employed at the Herminda Martín Hospital, Karin endured persistent bullying, which worsened after a workplace investigation halved her salary. Despite seeking help, her case went unresolved, bringing to light the dire need for a better legal framework to protect Chilean workers from similar situations.

Her sister, Claudia Salgado, became a tireless advocate for legal reforms, pressing lawmakers to ensure that no one else would face the same fate. Her campaign gained widespread support across political lines, culminating in the Chilean Congress passing the legislation in December 2023, and its publication in the Diario Oficial in January 2024.

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A New Approach to Workplace Harassment and Violence

The Ley Karin represents a groundbreaking shift in how Chile addresses workplace harassment. For the first time, the law imposes strict obligations on employers to proactively prevent, investigate, and sanction harassment and violence within the workplace. It requires businesses and state agencies to implement robust, gender-sensitive protocols designed to protect workers from both physical and psychological abuse.

According to the Ministry of Women and Gender Equality, this legislation was crafted in alignment with ILO standards to ensure it meets international best practices for workplace safety. It incorporates specific definitions for behaviors like sexual harassment, verbal abuse, bullying, and gender-based discrimination. This marks a crucial update to Chile’s labor laws, which previously lacked a clear focus on prevention.

Key Changes Under the Ley Karin

  1. Mandatory Protocols for Prevention: All companies must implement procedures to prevent harassment, investigate claims swiftly, and provide a safe reporting mechanism for employees.
  2. Incorporation of a Gender Perspective: The law explicitly includes protections against mansplaining, gender-based insults, and other forms of discrimination aimed at women and minority groups.
  3. Clear Definitions of Misconduct: It provides clear legal definitions of harassment, violence, and discrimination, making it easier for victims to file formal complaints and for employers to take action.
  4. Severe Penalties for Non-Compliance: Employers who fail to comply with the new protocols risk significant penalties, including fines, termination of employment contracts, and, in the public sector, potential dismissal of government officials.
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How Employers Must Adapt

Starting August 1, 2024, companies across Chile must align their internal policies with the new regulations. The Superintendence of Social Security (SUSESO) will oversee the compliance of these new measures, ensuring that employers follow through on their obligations.

Among the most notable changes, employers will be required to take an active role in ensuring the well-being of their staff. They will need to investigate complaints swiftly and confidentially, ensuring fairness for all parties involved. Failing to act appropriately can lead to legal consequences, both for the organization and individual offenders.

Conducts Specifically Addressed by the Law

  • Sexual Harassment: Any act of pressuring a worker to engage in unwanted sexual activity through coercion, manipulation, or threats will be treated with zero tolerance.
  • Verbal Abuse and Bullying: Offensive language, insults, and shouting intended to humiliate or degrade will face immediate investigation under the new guidelines.
  • Gender Discrimination: Acts of sexism, such as giving unsolicited explanations to women in the workplace (referred to as mansplaining), will be considered forms of harassment.

These protections aim to foster a workplace environment of mutual respect and equality, holding individuals accountable for their actions while giving victims clear avenues for recourse.

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Why Chile Needs Ley Karin

A 2020 survey by the Subsecretariat for Crime Prevention found that 17.8% of women aged 15 to 65 in urban areas of Chile had experienced workplace violence at some point. This figure highlights the urgent need for comprehensive legal protections. In 2021, over 1,500 complaints of workplace harassment were filed, with that number increasing by 3.6% in 2022.

The Ley Karin responds to these alarming trends by providing a framework for action that holds offenders accountable while protecting the rights of victims. It also provides the necessary legal clarity to ensure swift and impartial investigations, which will help reduce future incidents of workplace abuse.

The Future of Workplace Safety in Chile

With the Ley Karin coming into force in August 2024, Chile is set to see major changes in how workplace harassment and violence are handled. The law not only gives victims greater protection but also holds employers and public officials to a higher standard of accountability. As more organizations adopt the mandated protocols, Chilean workers can expect safer, more respectful environments that foster productivity and equality.

For more information about the Ley Karin, you can visit the official website of the Superintendence of Social Security (SUSESO).

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