Frequently asked questions about the Karin Law

Frequently asked questions

What is the Karin Law and who does it obligate?

The Karin Law, number 21.643, requires every employer to prevent, investigate and sanction workplace harassment, sexual harassment and violence at work. It has been in force since August 1, 2024 and reaches any company, regardless of size.It is not an obligation only for large companies. Even one with fewer than ten workers has to comply.

Does every company need a prevention protocol and a reporting channel?

Yes. The prevention protocol is mandatory for every company, with no size exception, and it must be available to workers.You must also inform your people about the existence and operation of the reporting channel every six months.

When a report comes in, how long do I have to protect the person?

Protective measures are immediate, from the moment you receive the report. They do not wait for the investigation to advance.They include separating the parties, redistributing duties or referring to psychological care. Not adopting them in time is one of the law's most serious infringements.

How long do I have to investigate a report?

The investigation, whether internal or by the Labor Directorate, has a maximum of 30 business days from when it starts.If that deadline passes without conclusion, the company is exposed to sanction even if the substance of the case is well handled.

When must I refer the case to the Labor Directorate?

You have to refer it within 3 business days when the accused is management staff or when the reporting person requests it.Once the investigation is closed, you also have 2 business days to send the report with the conclusions to the Labor Directorate.

How are the Karin Law deadlines counted?

In administrative business days, which excludes Saturdays, Sundays and Chilean public holidays. September 18 and 19, for example, do not count.Calculating those deadlines by hand in a spreadsheet, while also running the investigation, is exactly where a deadline slips by.

Can a report be anonymous?

Yes. The channel must allow anonymous or identified reports, with a confidential tracking code so the person can follow their case without revealing who they are.Confidentiality is one of the law's principles, along with impartiality, speed and due process.

What fines does the company risk under the Karin Law?

The Labor Directorate has an infringement schedule with fines in UTM that scale with the size of the company, from a few UTM for a micro-enterprise to several dozen for a large one.A good share of those fines are triggered by missing a deadline, not by the substance of the case. They are the ceiling of exposure, not an automatic invoice.

Who can lead the investigation of a report?

The person who investigates must have training in workplace and sexual harassment, a gender perspective and fundamental rights.Appointing an investigator without that training is, in itself, an infringement.

What is CEAL-SM and when does it apply?

It is the SUSESO questionnaire for assessing psychosocial risks at work. It is mandatory for companies with ten or more workers and is applied every two years.It measures factors such as job demands, social support and exposure to violence or harassment.

If the report is verbal, do I have to do anything special?

Yes. You have to draw up a record signed by the reporting person and give them a copy.Without that record, the company is non-compliant even if it received and handled the report.