CHILE Law and Practice Contributed by: Constanza Contreras, Gabriela Muñoz and Juan Francisco Reyes, SCR Abogados
9. Dispute Resolution 9.1 Litigation
Moreover, the Labour Code provides specific legal protection against workplace sexual harassment and moral (labour) harassment. Where such conduct is duly substantiated, it constitutes valid cause for ter - mination of the employment contract without sever -
In Chile, there are specialised courts for resolving labour disputes (Labour Courts) as well as specialised courts for labour and social security collection matters (Labour and Social Security Collection Courts). The filing of collective claims is permitted. Addition - ally, if multiple claims against the same defendant are being processed before the same Labour Court and the legal actions are identical, the judge may order the consolidation of the cases provided they are at the same procedural stage. Class actions are not admissible in labour disputes in Chile. Regarding representation before the court, it is required that parties appear with the sponsorship and representation of a duly authorised attorney. 9.2 Alternative Dispute Resolution Employment-related disputes fall under the jurisdic - tion of the Labour Courts or the Labour Bureau, which are the competent authorities for their resolution. Arbi - tration proceedings, however, are limited in scope and may only be invoked in specific cases arising within the context of collective bargaining. 9.3 Costs If the employee or employer is entirely unsuccessful in a trial or in an incidental proceeding, they may be ordered by the Court to pay personal costs arising from attorneys’ fees, and other participants’ fees, in addition to court costs, as determined by the Court.
ance compensation. 8.3 Digitalisation
In Chile, judicial proceedings have been conducted electronically since the enactment of Law No 20,886 in 2015. Pursuant to this law, judicial rulings and pro - cedural acts are required to be recorded in the Judi - ciary’s electronic system and prosecution platform. Furthermore, Law No 21,394, effective as of 2021, governs the possibility for labour judges to authorise the remote appearance of any party to hearings via videoconference, provided that the attorneys possess the appropriate means to do so. For such purpos - es, the interested party must file a request with the court to appear remotely at least two days prior to the scheduled hearing date, providing a reliable means of contact. Nevertheless, confessional evidence, expert and wit - ness testimony, and any other procedural acts as determined by the judge, in principle, may only be rendered within the physical premises of the court.
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