Cecily Halpern, Vice Dean of the Law Faculty at Usach, answers questions about how and what is necessary to file a complaint.
As of Thursday, August 1, Law No. 21,643 has come into full force, establishing concrete measures for the prevention and sanction of workplace harassment, sexual harassment, and violence at work.
The Karin Law represents a significant advancement in the protection of workers’ fundamental rights and establishes specific obligations for employers concerning the prevention and response to these situations.
Cecily Halpern, a labor law specialist and Vice Dean of the Law Faculty at the University of Santiago, addressed some questions about this new regulation.
How will this law be applied?
This new law applies to both the private sector, namely companies, and the public sector, which includes public services and the municipal sector. Although this law is commonly known as the Karin Law, due to an event that prompted its creation, it is applicable to both men and women. It bears the name of a woman because it is predominantly women who suffer from this type of harassment, whether it be workplace harassment, sexual harassment, or general bullying.
How should a complaint be made?
A complaint can be made through a channel that all companies and public services must make known to their workers, ensuring it is easy and maintains confidentiality. Although the complaint cannot be anonymous, it must include the names of both the complainant and the accused; the investigation conducted through this channel must maintain confidentiality and secrecy to protect the individual.
What is necessary to file a complaint?
You can file a complaint when you feel that the harassment has reached a situation that affects your mental health. Serious evidence is needed that the behavior qualifies as workplace harassment, sexual harassment, or violence at work.
Are witnesses important?
There are all types of evidence here, but undoubtedly having witnesses is much better. It is important to remember that these situations do not always happen in plain sight, making them difficult to prove. For this reason, you can provide any type of evidence in labor matters, for example, if you have photographs, videos, or recordings. Having witnesses is better; if you have more witnesses, you have more options to prove the facts, but undoubtedly, a complaint must be substantiated by the facts that constitute the behavior to be successful.
How does the regulation function in the public sector?
It is quite similar; the difference is that in the private sector, the protocol must be incorporated into the internal regulations of the companies. Meanwhile, in the public sector, there must be a protocol that includes the methods for prevention, investigation, and sanction. After that, the complaint must be submitted to the Comptroller General of the Republic, who will then conduct the inquiry.
Who can file a complaint?
Any person can file a complaint when they feel that a certain behavior constitutes any of the figures defined in the law, which includes workplace harassment, sexual harassment, and violence at work.
Santiago de Chile, August 3, 2024
Crónica Digital