CHILE Law and Practice Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
Impartiality This principle requires that the investigation be con - ducted with objectivity, neutrality and integrity, both in the handling of the procedure and in the formula - tion of its conclusions. It entails adopting measures to prevent bias, prejudice or personal interests that could compromise the rights of the individuals involved. Timeliness (Celerity) requires that the investigation be conducted diligently and efficiently, actively removing any obstacles that may hinder its prompt conclusion. The aim is to avoid unnecessary delays that could aggravate the situation of those involved, while respecting the legally estab - This principle demands that all decisions adopted dur - ing the investigation be logical, coherent, proportion - ate and non-arbitrary, so that they are understandable and justifiable to the participants in the procedure. Due Process lished timeframes. Reasonableness Requires that the procedure, conducted in a fair and equitable manner, respects workers’ fundamental rights. This includes the right to be clearly and timely informed of the facts affecting them, to be heard, to submit evidence, and to receive duly reasoned deci - sions. It also entails the right to be informed of the status of the procedure, always in harmony with the other governing principles. Co-Operation The principle of co-operation imposes on all persons involved in the investigation a duty to collaborate in its proper conduct by providing useful information that clarifies the facts and, where appropriate, the reported conduct is sanctioned. Summary Failure to comply with these procedural requirements may give rise to employer liability, including claims for damages by the affected individual. As these principles form part of the system for protecting fun - damental rights within the employment relationship, their infringement may also result in labour protection actions where the employer has acted negligently or wilfully.
Additionally, the investigation may be deemed flawed or invalid, rendering any measures adopted as a result ineffective, and the Labour Board may impose admin - istrative sanctions on the employer for non-compli - ance with applicable regulations. 5.2 Internal Regulations Employers may include in their internal regulations procedures and guarantees that go beyond the mini - mum requirements set out in 5.1 Requirements , as those standards operate as a minimum legal baseline. Such additional safeguards are permissible provided they comply with applicable law, fully respect employ - ees’ fundamental rights and do not impose arbitrary requirements or unjustified restrictions on the right of defence, honour or privacy. Once incorporated into the internal regulations, these procedural rules are binding on the employer. Fail - ure to comply with them may expose the employer to labour liability, challenges to the validity of the investigation, claims for breach of fundamental rights, and administrative sanctions imposed by the Labour Board. 5.3 Burden and Degree of Proof In internal investigations, each party must submit and substantiate the facts it alleges, and may present any evidence it deems relevant. In matters related to vio - lations of fundamental rights, the Labour Board has established that conclusions may be reached on the basis of circumstantial (indirect) evidence, provided it is properly formulated and reasoned. Where the evi - dence submitted by the complainant gives rise to suf - ficient indicia, the burden of proof may be reversed, requiring the respondent to rebut them. The assess - ment of evidence does not require a standard higher than that applied by courts, but rather a rational evalu - ation in accordance with the principles of sound judg - ment, based on logic, experience, and established knowledge, and avoiding bias or subjectivity.
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