Chile: New Labour Protection for Victims of Femicide
On 9 May 2023, Law No. 21,565 of the Ministry of Women and Gender Equality was published in the Official Gazette, which requires a regime of protection and integral reparation in favour of the victims of femicide, femicide suicide and their families (hereinafter, the “Law”).
The Law establishes that victims of frustrated or attempted femicide enjoy labour protection from the perpetration of the act until one year later. For this purpose, the employee victim must file a complaint with the police or the Public Prosecutor’s Office. Likewise, the victim is entitled to request the temporary adjustment of her services during the validity of this privilege, in order to allow her adequate reparation and protection.
In addition, the mere appearance of the victim at an investigation or judicial proceeding will be understood as sufficient justification for absence from work.
The Law also states that the employer is obligated to maintain the confidentiality of the information received on the occasion of these events.
As of the date of publication of this Law, the employer will not be able to terminate the employment agreement of female employees in these circumstances except with the prior authorisation of the competent judge for the causes of expiration of the term or completion of the work and the guilty causes of the employee.
Key action point
The employer will not be able to terminate the employment agreement of female employees victims of frustrated or attempted femicide except with the prior authorisation of the competent judge for the legal causes of expiration of the term or completion of the work and the guilty causes of the employee.