Chile: Department of Labour Issues Opinion on the Meaning and Scope of the New Law on Harassment and Violence in the Workplace

On 7 June 2024, the Department of Labour issued opinion 362/19 on the meaning and scope of the new law on harassment and violence at work (Law No. 21.643, hereinafter the “Law“). Some of the main points addressed by the Department of Labour are the following:

In terms of prevention, the Law requires employers to draw up and implement a protocol for the prevention of sexual harassment, harassment at work, and violence at work.

Regarding investigation, a procedure must be developed for investigating complaints of the mentioned behaviours, including appropriate protective measures and sanctions. It should be noted that the regulations issued by the Ministry of Labour and Social Security are still pending, which will contain the guidelines to be followed in all investigations under this Law.

Both the protocol and the investigation procedure must be included in the internal rules of order, hygiene, and safety of the companies.

These and other provisions of Law No. 21,643 will enter into force on 1 August 2024.

It is important to consider that, if the companies have not updated their internal regulations to be in force starting 1 August 2024, the investigation procedures will be carried out by the Department of Labour, directly applying the provisions of Law No. 21,643 and the regulations to be issued by the Ministry of Labour and Social Security prior to the entry into force of the Law.