CHILE Trends and Developments Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
Critical Assessment and Pending Challenges: Towards an Implementation Consistent with the Legal Design Undeniable progress during the first year One year after the entry into force of the Karin Act, it is undeniable that its implementation has generat - ed meaningful progress in Chile’s system of internal investigations and labour relations. First, the legisla - tion has played a decisive role in making visible con - duct related to workplace harassment, sexual harass - ment, and violence at work that historically tended to remain invisible or underreported. The significant increase in complaints not only reflects greater use of formal reporting channels but also a heightened social awareness of the inadmissibility of such conduct in the workplace. Secondly, the Act has fostered an incipient cultural shift within organisations, reinforcing the idea that the prevention, investigation, and sanctioning of harass - ment and violence are not optional, but rather legal and ethical obligations. This shift has been accom - panied by a high level of corporate adaptation, with employers required to update their internal regula - tions, design and implement specific protocols, estab - lish formal reporting channels, and develop periodic training programmes for employees and management. From a practical perspective, these efforts have con - tributed to the standardisation of practices that were previously heterogeneous or non-existent, providing the system with greater predictability and traceabil - ity. In this sense, the Karin Act has fulfilled a relevant pedagogical and structuring function, aligning labour market actors around common standards of conduct and procedure. Structural limitations of the current model Nevertheless, the first year of implementation has also revealed significant structural limitations in the model, particularly in investigations conducted by the Labour Board. The main issue identified is the mis - alignment between a legal design that requires fast, concentrated procedures subject to strict deadlines and the actual operational capacity of the administra - tive authority responsible for executing a substantial part of the system.
Repeated delays in investigations conducted by the Labour Board do not appear to result from excep - tional or isolated circumstances, but rather reflect a structural phenomenon. The sustained volume of complaints, the diversity of intake channels, and the lack of proportional institutional reinforcement have created a permanent state of overload. However, as recognised by the courts, this context neither elimi - nates nor mitigates the legal obligation to comply with the deadlines expressly established by the legislator. This situation is compounded by weak public–private co-ordination. While employers have been required to swiftly implement strict internal procedures, adminis - trative investigations have not always been efficiently articulated with prior corporate actions, resulting in duplication of efforts, overlapping protective meas - ures, and a lack of clarity regarding the status of pro - ceedings. As a consequence, there has been an increase in the judicialisation of the system. Employees and employ - ers alike have resorted to constitutional and judicial actions not to challenge the substance of complaints, but to compel the closure of investigations and enforce compliance with statutory deadlines. In this context, practical experience confirms that the problem does not lie in the Karin Act itself, but rather in the way the administrative procedure is being managed, thereby straining the balance that the legal design sought to achieve. Conclusion The Karin Act undoubtedly represents a significant and necessary step forward in protecting employees’ dignity and promoting work environments free from harassment and violence. Its legal design is coherent, structured, and aligned with international standards, and it has generated positive changes in both organi - sational culture and corporate practices. However, the credibility and effectiveness of the sys - tem depend decisively on its proper execution. Strict compliance with statutory deadlines, rigorous adher - ence to procedural rules, and coherence between legal design and administrative practice are not mere ancillary considerations but essential conditions for the model’s functioning. Delays in investigations con -
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