What is the Karin Law, and why does it affect all companies in Chile?

This law is neither a recommendation nor a best practice: it is a legal obligation for all private-sector companies, regardless of their size. Companies that fail to comply are subject to fines from the Labor Directorate, lawsuits, and significant reputational damage.

For organizations that need specialized guidance on implementing protocols and complying with the Karin Law, Wiseplan offers comprehensive human resources consulting services with expertise in Chilean labor regulations.

Key Changes Introduced by the Karin Act

Expanding the Concept of Workplace Harassment

The law eliminates the requirement of repetition to establish workplace harassment. Previously, the harassing conduct had to be repeated; now, a single serious act can constitute workplace harassment if it affects the employee’s dignity, creates an intimidating environment, or harms the employee’s employment status or job opportunities.

Incorporating Workplace Violence

For the first time in Chilean law, the concept of “workplace violence perpetrated by third parties outside the employment relationship” is incorporated. This includes assaults by customers, suppliers, users of public services, or other external individuals. Employers must also implement preventive measures for these types of situations.

Mandatory gender perspective

Prevention protocols and investigation procedures must incorporate a gender perspective. This means recognizing that certain forms of harassment disproportionately affect women and that investigation procedures must take gender power dynamics into account when analyzing the facts.

Specific Obligations for Businesses

1. Protocol for the Prevention of Workplace Harassment, Sexual Harassment, and Workplace Violence

Every company must develop and implement a prevention protocol that includes, at a minimum:

• Identification of hazards and assessment of psychosocial risks associated with harassment and violence in the workplace, from a gender perspective.
• Measures to prevent and control these risks, with measurable objectives.
• Measures to adequately inform and train workers about the identified risks and the prevention and protection measures.
• Measures to prevent sexual harassment, workplace harassment, and violence in the workplace.
• Measures to protect the privacy and reputation of all those involved in investigative proceedings.

2. Investigation and Disciplinary Proceedings

The company's internal regulations must include an investigation procedure that meets the following requirements:

3. Accessible reporting channel

The company must ensure that employees have access to an accessible, confidential, and secure reporting channel. This channel may be internal (managed by the company or a contracted third party) or external (direct reporting to the Labor Inspectorate). Employees have the right to choose either option.

4. Mandatory Training

All employees must receive training on the contents of the prevention protocol, reporting and investigation procedures, behaviors that constitute workplace harassment, sexual harassment, and workplace violence, and the consequences of engaging in such behaviors.

5. Update to the Internal Regulations on Order, Hygiene, and Safety

The RIOHS must be updated to incorporate the provisions of the Karin Act. Companies that do not have a RIOHS (companies with fewer than 10 employees) must also implement the prevention protocol and the investigation procedure.

Behaviors that constitute workplace harassment under the Karin Act

The law and administrative case law identify various types of conduct that may constitute workplace harassment:

• Isolation: Excluding an employee from meetings, communications, or group activities without justification.
• Professional Discrediting: Publicly questioning an employee’s professional competence; assigning tasks that are far below or far above their skill level.
• Verbal harassment: Yelling, insults, threats, or humiliating comments, even if they occur only once.
• Unjustified Workload: Assigning disproportionate amounts of work with deadlines that are impossible to meet.
• Excessive monitoring: Disproportionate surveillance of employees, or unjustified searches of their personal belongings or communications.
• Covert discrimination: Differential treatment based on gender, origin, age, sexual orientation, or another protected characteristic.
• Retaliation: Punitive actions against workers who have filed complaints or cooperated in investigations.

Penalties for Noncompliance

Failure to comply with the obligations established by the Karin Act may result in the following consequences for the company:

• Administrative fines: The Labor Directorate may impose fines of up to 60 UTM for failing to have a prevention protocol in place or for failing to conduct an investigation within the legally prescribed time limits.
• Labor Protection Lawsuits: The affected employee may file a labor protection lawsuit in labor court, seeking compensation ranging from 6 to 11 months' pay.
• Voluntary Resignation: An employee who is a victim of harassment may terminate their contract by invoking the grounds set forth in Article 171 of the Labor Code, and is entitled to increased severance pay.
• Civil Liability: Lawsuits for emotional distress and property damage against the company and, if applicable, against the individuals responsible for the harassment.
• Reputational damage: Public exposure of harassment cases has a negative impact on the employer brand, making it difficult to attract and retain talent.

How to Implement the Karin Act Step by Step

Phase 1: Diagnosis (Weeks 1–2)

Conduct a psychosocial risk assessment within the organization. Identify the areas, positions, or workplace dynamics with the highest risk of harassment or violence. Review the current status of your internal regulations, existing protocols, and reporting mechanisms.

Phase 2: Protocol Design (Weeks 3–4)

Develop a prevention protocol that includes all the elements required by law. Design an investigation procedure with clear deadlines, designated responsible parties, and decision-making processes. Define the reporting channel and confidentiality mechanisms.

Phase 3: RIOHS Update (Week 5)

Incorporate the prevention protocol and investigation procedure into the Internal Regulations on Order, Health, and Safety. File the amendments with the appropriate Labor Inspection Office.

Phase 4: Training (Weeks 6–8)

Train all employees on the contents of the protocol, the reporting procedures, and prohibited conduct. Conduct specific training sessions for supervisors and those responsible for investigating complaints.

Phase 5: Continuous Monitoring

Implement a monitoring system that allows for periodic evaluation of the protocol's effectiveness, tracking of workplace climate indicators, and the detection of early warning signs of risky situations.

Best Practices Beyond Legal Compliance

Companies that seek to be leaders in harassment prevention go beyond minimum compliance:

• External Ethics Hotline: Contracting an independent third party to manage a reporting channel increases employee trust and ensures the impartiality of the process.
• Regular workplace climate surveys: Semiannual assessments that include specific indicators of perceptions of harassment and violence make it possible to identify problems before they escalate.
• Positive Leadership Program: Training managers in respectful leadership, nonviolent communication, and conflict resolution significantly reduces instances of top-down harassment.
• Workplace Harmony Committee: A joint workplace harmony committee can serve as an early mediation body before situations escalate into formal complaints.
• Psychological support: Providing psychological support to both complainants and those against whom complaints are filed during the investigation process demonstrates the company's commitment to the well-being of all its employees.

Frequently Asked Questions About the Karin Act

Does the Karin Act apply to companies with fewer than 10 employees?

Yes. The Karin Act applies to all private-sector companies, regardless of their size. Companies with fewer than 10 employees—which are not required to have internal regulations—must nevertheless implement the prevention protocol and the investigation procedure.

Can an employee file a complaint directly with the Labor Inspectorate?

Yes. The employee has the right to file a complaint either with the employer or directly with the Labor Inspectorate. It is not necessary to exhaust internal remedies before filing a complaint with the Labor Inspectorate. The choice of channel is entirely up to the employee filing the complaint.

What if the harasser is the owner of the company?

The Karin Act does not distinguish based on the harasser’s position in the hierarchy. If the employer or legal representative is the accused, the investigation must be conducted by the Labor Inspectorate, since it would not be impartial for the company to investigate its own owner or CEO.

Can I fire an employee for proven workplace harassment?

Yes. Workplace harassment proven through an investigation that complies with due process constitutes grounds for termination without entitlement to severance pay (grounds under Article 160, No. 1, subparagraph f of the Labor Code). However, the termination must be supported by a thorough investigation to prevent it from being deemed unjustified.

Does the Karin Act also protect teleworkers?

Yes. The protections under the Karin Act apply to all forms of work, including telecommuting and remote work. Workplace harassment can also occur through digital means (email, messaging, video calls), and the law expressly addresses this.

Conclusion

The Karin Act is not just a legal obligation: it is an opportunity to build safer, more respectful, and more productive work environments. Companies that implement its protocols rigorously and in good faith not only avoid penalties but also strengthen their organizational culture and employer brand.

If your company needs guidance on properly implementing the protocols of the Karin Law, updating its internal policies, or training its teams, contact Wiseplan. We have professionals specializing in labor law and human resources consulting to support your organization throughout this process.