We invite you to read the column written by our partner Jorge Arredondo, in which he analyzes the main difficulties that companies have faced with the Karin Law one year after its implementation.
This month marks one year since the Karin Law came into effect, a much-needed regulation to protect workers from workplace harassment, sexual harassment, and violence in their workplaces. However, during these months, we have seen significant difficulties in the interpretation and application of the law.
The regulation establishes that, upon receiving a complaint, companies can choose to conduct an internal investigation or refer the case to the Labor Inspectorate. If the latter option is chosen, the DT has 30 days to conduct its investigation. However, the reality is that the processes are taking between six and eight months, as an average of 5,000 complaints are being received per month and the entity does not have the capacity to address them.
The big problem for companies is that, during those months of investigation, they must maintain the protective measures established by the regulations with respect to those involved and, at the same time, deal with the damaged work environment left by a complaint, characterized not only by broken trust, but also by a significant drop in productivity and talent retention.
On the other hand, if the company decides to investigate on its own, it also has a 30-day deadline, but unlike the situation with the DT, if it fails to meet the deadline, it is subject to a potential fine. This has undoubtedly led a significant number of companies that have received complaints to leave them in the hands of the Inspectorate, which, as already mentioned, does not have the capacity to respond. In addition, many complaints have been related to routine labor disputes, which is not the spirit of the law, which has a much deeper objective: to eradicate violence in the workplace.
Another major problem that companies are facing in relation to the Karin Law is the possibility of judicial review of actions or instructions given by the Labor Inspectorate regarding investigations carried out by the company. Thus, a ruling by our Supreme Court that confirmed the incompetence of the labor courts in relation to corrective measures ordered by the Inspectorate, which were challenged by the employer, is questionable.
Given all these issues, it is essential that companies set up a committee to manage complaints, as there are many measures that need to be taken. First, it must be decided whether the company has the capacity to investigate internally or whether to refer the case to the Inspectorate. Next, protective measures must be adopted so that the complainant and the accused do not continue to work together. Finally, if the facts are proven, the committee must determine the sanctions to be imposed.
The Karin Law is an essential tool for moving toward safer and more respectful work environments. However, as long as the authorities lack the resources and there is no clear legal interpretation to deal with the volume of complaints, companies must take on a more active and preventive role.
Column written by:
Jorge Arredondo | Partner | jarredondo@az.cl
