CHILE Law and Practice Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
3.2 Participation Participation in interviews is voluntary and must be non-coercive. If an interviewee refuses to participate or remains silent, the employer may not compel par - ticipation or impose sanctions, as individuals retain the right not to self-incriminate. Any refusal or partial participation must be documented in the investigation record. 3.3 Format Interviews may be conducted remotely (eg, via Teams or Zoom), provided that confidentiality, privacy and due process are ensured, and that the setting allows for a proper and unpressured statement. In all cases, the employer must ensure adequate documentation of the interview. In investigations governed by the Karin Act, all interviews (conducted remotely or in person) must be documented in writing as part of the manda - tory investigation record. 3.4 Interviewers There is no legally fixed number of interviewers in an internal investigation, which should instead be con - ducted in accordance with internal regulations and principles of objectivity and impartiality. Under the Karin Act, and as a key requirement for the validity and adequacy of the procedure, the employer must appoint an investigator with training in harassment, gender or fundamental rights. 3.5 Neutral Party Outside the scope of the Karin Act, the presence of a neutral third party during interviews depends on what is established in the employer’s internal regulations and investigation procedures, and may be allowed if duly regulated and justified. Under the Karin Act, third parties are not permitted to participate as witnesses in interviews due to strict confidentiality requirements. More than one interviewer may be involved if express - ly authorised by the internal regulations, but access to the investigation must be strictly limited to authorised persons. 3.6 Support Person and/or Lawyer In general, whether an interviewee may be accompa - nied by a third party depends on the employer’s inter - nal regulations and does not constitute an automatic legal right. Under the Karin Act, there is no right to
attend interviews accompanied by a lawyer or other support person, given the administrative and confi - dential nature of the procedure, without prejudice to the possibility for trade unions to accompany and rep - resent the reporting party at their request, as provided by law. 3.7 Information In an internal investigation, the interviewee must be informed, at a minimum, of the purpose of the inter - view and the confidential nature of the procedure, in accordance with internal regulations and due process principles. In cases governed by the Karin Act, such information must be provided clearly and in a timely manner, including the interviewee’s rights and obliga - tions, and how their statement will be recorded in the investigation file. 3.8 Stopping the Interview If an interviewee requests to stop the interview, the interview must be suspended immediately, as partici - pation is voluntary and the interviewer must respect the individual’s dignity and due process rights. The request to stop and the resulting interruption must be documented in the investigation record. The interview may be rescheduled or resumed at a later time, pro - vided that doing so does not compromise the fairness or integrity of the investigation, particularly in proce - dures governed by the Karin Act. 3.9 Minutes Interviews are generally documented through written minutes, which may be summarised, provided they accurately reflect the statements given. Interviewees are usually allowed to review the minutes and, in prac - tice, are asked to sign them to confirm their content, particularly in investigations governed by the Karin Act. There is no legal requirement for the minutes to be taken by an external party, although this may be used where internal rules or the circumstances of the
case so provide. 3.10 Recording
Interviews in internal investigations may be recorded, provided that fundamental rights, data protection rules and the physical and mental integrity of the interviewees are respected. Under the Karin Act, the law requires written and signed records of statements,
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