Our partner Jorge Arredondo was consulted by Diario Financiero regarding the impact that the Karin Law has had on companies one year after its implementation.
On August 1 last year, the regulation that introduced changes to the Labor Code came into force, prompting a series of internal adjustments in organizations to protect their workers from workplace harassment.
This Friday marks one year since the entry into force of Law No. 21,643, known as the Karin Law, which introduced specific measures to prevent, investigate, and punish workplace harassment, sexual harassment, and other types of violence in the workplace.
As of December 2024, the Labor Directorate had registered 21,864 complaints: 42% (9,151) were classified as Karin Law cases, 35% (7,679) were not, and 23% (5,034) were still under review, according to the report ‘Law 21,643: prevention and protection against workplace harassment, sexual harassment, and violence at work’.
Since its implementation, Mutual de Seguridad has received almost 10,500 requests for Early Psychological Care (APT) associated with the Karin Law, of which 85% have been fulfilled. The difference corresponds mainly to people who withdrew from receiving care. In terms of the nature of the requests, 81.4% correspond to reports of possible workplace harassment—such as repeated bullying, psychological abuse, and deteriorated relationships between colleagues or with managers—11.5% to acts of physical or verbal violence, and 5.4% to possible cases of sexual harassment. Another relevant fact is that 68% of those who activate these requests are women.
‘Of the complaints we have received to date, the economic activities of the companies to which the complainants belong are mainly commerce, public administration, and services in general. In these activities, along with others, women predominate as an important part of the workforce. Therefore, one factor that explains this has to do with the fact that these are areas where a significant female workforce also predominates,” says Héctor Jaramillo, occupational health and safety manager at Mutual de Seguridad.
Modifications
The law introduced changes to the Labor Code in terms of prevention, investigation, and punishment of workplace harassment, sexual harassment, and violence at work. It modified and incorporated new legal definitions and established prevention and protection measures in this area. In addition, it improved investigation procedures and adapted national regulations to the parameters established in the recently ratified Convention No. 190 on Violence and Harassment of the International Labor Organization (ILO).
Protocols, updating of internal regulations, investigation procedures, management of protective measures, and coordination for psychological care are part of the internal changes that organizations have had to implement, says Francisco Cornejo, founder of the law firm Defensa Empresarial. “The main obligation is the implementation of protocols for the prevention of sexual harassment, workplace harassment, and violence at work. These are not mere formalities; they are the company’s first line of defense,” says the executive.
Another key aspect has been the preparation of management regarding the actual scope of the law. ‘At first, it was common to hear comments such as ‘I won’t be able to reprimand an employee anymore’ or ‘I won’t be able to conduct performance evaluations’ due to fear of complaints. Over time, people have come to understand the scope and purpose of the law correctly, and we expect it to be used correctly and responsibly,” says Jorge Arredondo, lead partner of the labor group at Albagli Zaliasnik (az).
He also points out that many companies have chosen to delegate investigations to external professionals, seeking greater impartiality and specialization and avoiding overburdening their internal teams.
Towards a healthier environment
Liz Horstmeier, director of HunTI Consultores, points out that one of the main challenges has been to build a culture of trust. For companies, she says, the challenge lies in balancing a rapid response with due process and preventing the law from becoming a compliance checklist, while for individuals, the fear of reporting for possible reprisals persists.
“Five years from now, we project that the Karin Law will be a key driver for continuing to evolve toward healthier, more humane, and more sustainable environments. But to do that, we need to keep talking, educating, and, especially, acting consistently,” Horstmeier projects.
New updates on figures are expected to be released by the DT this Friday.
