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Workplace harassment and safety in Chile: the Ley Karin protocol and investigations, discrimination, the employer's safety duty, safety committees and prevention departments

Last verified: 2026-10-26 · Status: Stable

Since 1 August 2024 (Ley Nº 21.643, the "Ley Karin") every employer in Chile must have a protocol to prevent sexual harassment, workplace harassment and violence at work, investigate complaints within 30 days or refer them to the Labour Inspectorate within 3 days, and apply sanctions within 15 days of the report. Workplace harassment now covers a single incident. Employers must protect workers' life and health, workers may stop work in the face of serious and imminent risk, worksites with more than 25 people need a joint health and safety committee, and some companies with more than 100 workers need a prevention department.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial of 23 October 2026 (Ley Nº 18.840 art. 44). UTM amounts use the SII value of CLP 72,151 for October 2026. Amounts capped in UF use the SII value of CLP 41,057.20 for 30 September 2026, the value the law applies to payments made in October 2026; other UF amounts use CLP 41,205.16 for 23 October 2026. Conversions are for orientation only.

Key facts

Ley Karin (Ley Nº 21.643) in force from	2024-08-01 dateLey Nº 21.643 first transitory article, as of 2026-10-26 · in force
Maximum length of a harassment investigation	30 daysCódigo del Trabajo art. 211-C, as of 2026-10-26 · in force
Deadline to refer a complaint to the Labour Inspectorate instead of investigating	3 daysCódigo del Trabajo art. 211-C, as of 2026-10-26 · in force
Deadline to apply measures after receiving the investigation report	15 daysCódigo del Trabajo art. 211-E, as of 2026-10-26 · in force
Workers above which a joint health and safety committee is mandatory	25 workersLey Nº 16.744 art. 66, as of 2026-10-26 · in force
Workers above which mining, industrial and commercial companies need a prevention department	100 workersLey Nº 16.744 art. 66, as of 2026-10-26 · in force

The rule

1. Employment relations must be free of violence and respect dignity, with a gender perspective. Sexual harassment is undue sexual requests by any means, not consented to, that threaten or harm the worker's job situation or opportunities. Workplace harassment is any aggression or hostility by the employer or co-workers, by any means, whether once or repeatedly, that results in harm, mistreatment or humiliation or threatens the worker's job situation. Violence at work by third parties covers conduct by customers, suppliers or users affecting workers in the course of their work.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.643, Art. 2, 2024-01-15 official text · verified 2026-10-26 · changed: Ley Nº 21.643 broadened workplace harassment to a single incident and added violence by third parties, in force from 1 August 2024.

2. Ley Nº 21.643, published in the Diario Oficial on 15 January 2024, entered into force on 1 August 2024. Investigations started before then follow the previous rules.Ley Nº 21.643, First and second transitory articles, 2024-01-15 official text · verified 2026-10-26

3. Workers have the right to have the employer prevent, investigate and sanction sexual harassment, workplace harassment and violence at work. Every employer must prepare and make available, with its work accident insurer's support, a prevention protocol covering: identification and assessment of psychosocial risks with a gender perspective; measurable prevention and control measures; information and training for workers; prevention measures suited to the business; and measures protecting the privacy and honour of everyone involved. Every six months the employer must inform workers of its complaint channels and the state bodies to which breaches can be reported.
Cost to do it: Internal time or adviser fees to prepare the protocol and training; the accident insurers provide technical assistance to affiliated employers.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.643, Art. 211-A, 2024-01-15 official text · verified 2026-10-26

4. On a complaint, the employer must either carry out an internal investigation or send the case to the Labour Inspectorate within 3 days; either way the investigation must end within 30 days. Internal investigations must be written, confidential, hear both sides, follow the regulation's guidelines and preferably be run by someone trained in harassment, gender or fundamental rights. The report goes to the Labour Inspectorate, which has 30 days to comment; if it does not, the conclusions stand.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.643, Art. 211-B, art. 211-C and art. 211-D, 2024-01-15 official text · verified 2026-10-26

5. Within 15 days of receiving the investigation report, the employer must adopt and notify to both parties the measures or sanctions it warrants, including dismissal for sexual or workplace harassment under art. 160 Nº 1 letters b) or f), weighing gravity for workplace harassment. The dismissed worker may challenge the decision in court.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.643, Art. 211-E, 2024-01-15 official text · verified 2026-10-26

6. Internal regulations must include the harassment prevention protocol and the complaint procedure, with protective measures and sanctions. An employer that fully complies with the procedure is not subject to the 80 percent severance surcharge if a dismissal for harassment is later found improper.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, as amended by Ley Nº 21.643, Art. 153, art. 154 Nº 12 and art. 168, 2024-01-15 official text · verified 2026-10-26

7. The employer must take all necessary measures to protect workers' life and health effectively, inform them of risks, maintain hygiene and safety conditions and provide protective equipment, and ensure timely medical care in an accident or emergency. A principal company must protect everyone working on its site, including contractors' staff.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 184 and art. 183-E, 2003-01-16 official text · verified 2026-10-26

8. When a serious and imminent risk to life or health arises, the employer must inform affected workers immediately and, if the risk cannot be removed, suspend work and evacuate. Workers may stop work and leave if they reasonably consider continuing poses such a risk, without any detriment, and must inform the employer, which informs the Labour Inspectorate. Work must stop when the authorities order evacuation in an emergency or disaster.DFL Nº 1 of 2002, Ministerio del Trabajo, Código del Trabajo, Art. 184 bis, 2003-01-16 official text · verified 2026-10-26

9. Every industry or worksite with more than 25 people must have one or more joint health and safety committees (comités paritarios) with worker representatives, which advise on protective equipment, monitor prevention, investigate accidents and occupational diseases and order safety measures. Mining, industrial or commercial companies with more than 100 workers must have a risk prevention department headed by a prevention expert. Measures ordered by the committee or department are binding, subject to appeal to the insurer within 30 days.Ley Nº 16.744, Art. 66, 1968-02-01 official text · verified 2026-10-26

10. Employers pay work accident insurance of 0.90 percent of taxable pay plus an additional risk rate of up to 3.4 percent; employers with unsatisfactory safety, or that do not adopt ordered measures, may have the additional rate increased by up to 100 percent, and those with strong prevention may obtain reductions or exemption.
Example: On a CLP 50 million monthly payroll: CLP 450,000 basic rate, plus up to CLP 1,700,000 additional rate before surcharges. / About US$456 plus up to US$1,723.Ley Nº 16.744, Art. 15 and art. 16, 1968-02-01 official text · verified 2026-10-26

Step	Deadline
Decide to investigate internally or refer to the Labour Inspectorate	3 days from the complaint (for referral)
Finish the investigation	30 days
Labour Inspectorate review of an internal report	30 days; silence validates the conclusions
Adopt and notify measures or sanctions	15 days from receiving the report

Harassment complaint timeline (Código del Trabajo art. 211-C to art. 211-E)

Worked example

A distribution company with 120 staff receives a workplace harassment complaint on 2 November. It opens an internal investigation led by an HR officer trained in harassment, hears both parties in writing, and concludes by 2 December. It sends the report to the Labour Inspectorate, which has 30 days to comment, and must adopt and notify sanctions within 15 days of receiving the report back.
Because it followed the procedure in full, if it dismisses the harasser and a court later finds the dismissal improper, it is not subject to the 80 percent severance surcharge (art. 154 Nº 12 and art. 168).
The same company, with more than 100 workers in a commercial business, must have a risk prevention department and one or more joint safety committees.

Step by step

Draft the prevention protocol with the work accident insurer and add it to the internal regulations.
Publish complaint channels and remind workers every six months.
Train investigators; prepare templates for interviews, protective measures and reports.
On each complaint: protective measures, investigate or refer within 3 days, finish within 30 days, send the report to the Labour Inspectorate, act within 15 days of the report.
Set up the joint safety committee once a site exceeds 25 people, and a prevention department above 100 workers in mining, industry or commerce.

Common traps

A single incident can be workplace harassment; repetition is no longer needed (art. 2).
Skipping the procedure exposes the employer to severance surcharges if a dismissal is challenged (art. 168).
Violence by customers or suppliers is covered, so customer facing businesses need specific measures.
Ignoring a worker who stops work over an imminent risk, or penalising them, breaches art. 184 bis.

Sources

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