CHILE Law and Practice Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
the Karin Act, as identification is required to safeguard the respondent’s right to defence. 2.2 Communication to Authorities As a general rule, the opening of an internal investi - gation does not need to be communicated to public authorities, unless expressly required by law. Karin Act Where the employer decides to conduct an internal investigation, it must inform the Labour Board within three working days from receipt of the complaint; if the matter is referred, the relevant background informa - tion must be submitted within the same timeframe. In addition, the employer must notify the relevant mutual insurance entity within 24 hours to ensure early psy - chological support and must inform the reporting party of the available criminal reporting channels before the Public Prosecutor’s Office ( Ministerio Público ), police ( Carabineros de Chile ) or the Investigative Police (PDI), where the facts may constitute a criminal offence. In addition, under the Karin Act framework, employers are subject to a specific and autonomous reporting obligation to the workers’ compensation insurance entity (mutual insurance entity) that administers the statutory occupational accidents and diseases insur - ance. In accordance with Circular No 3854 of the Superintendence of Social Security (2025), employers must report all complaints under the Karin Act to their mutual insurance entity within five business days of becoming aware of the complaint. This applies wheth - er the investigation is conducted internally or referred to the Labour Board. This reporting obligation is sepa - rate from and complements the immediate notification required to secure early psychological support. Economic or Criminal Offences There is no general obligation to inform public authori - ties of the commencement of an internal investigation; any report to the Public Prosecutor’s Office is discre - tionary and strategic, in accordance with the crime prevention model and the duty of confidentiality. 2.3 Confidentiality Agreements and NDAs The parties may be required to sign NDAs in the con - text of an internal investigation, which is a common practice, particularly in sensitive labour matters, and is
usually regulated in the internal regulations and com - municated at the outset of the procedure. Such agreements are subject to the overriding requirement to respect workers’ fundamental rights and therefore may not restrict the right of defence or prevent reporting to the competent authorities. Even where no NDA is executed, the internal investi - gation remains subject to a legal duty of confidential - ity, particularly in cases of sexual harassment, work - place harassment and violence at work, where the law requires the protection of information and personal data, without prejudice to requests from courts or the Labour Authority. A breach of confidentiality may give rise to liability for the individual who disclosed the information and, potentially, for the employer if it failed to adopt rea - sonable protective measures, and may even result in claims for infringement of fundamental rights. 2.4 Preliminary Investigation and Scope- Setting Outside the scope of the Karin Act, the possibility of conducting a preliminary investigation depends on what is established by law or by the company’s inter - nal regulations and may be used to determine whether a formal investigation is warranted and to define its scope; however, in cases governed by the Karin Act, there is no admissibility review or preliminary stage, as the employer must immediately initiate the inter - nal investigation or refer the complaint to the Labour Board.
3. Interviews and Fact-Finding 3.1 Interviewees
In an internal investigation, the reporter, the respond - ent and any other individuals who may provide rel - evant information regarding the facts are typically interviewed, including direct or indirect witnesses. There is no predetermined legal limit on the number of witnesses each party may propose.
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