CHILE Law and Practice Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
6. Conclusion and Outcome of an HR Internal Investigation 6.1 Deciding to End an HR Internal Investigation There is no general rule determining when an internal investigation must be concluded; therefore, its clo - sure must follow a reasonable timeframe established in the company’s internal regulations. By contrast, in investigations governed by the Karin Act, the timing of the conclusion is expressly regulated, and the internal investigation must be completed within a maximum period of 30 administrative working days, understood as days from Monday to Friday, excluding Saturdays, Sundays and public holidays. 6.2 Procedure for Ending an HR Internal Investigation Once an internal investigation concludes, the compa - ny’s internal regulations generally require communica - tion of the closure and, at a minimum, the conclusions to ensure due process. By contrast, under the Karin Act, the conclusion of the investigation requires the issuance of a written report, the formal communication of its conclusions to the parties, and the submission of the report and its conclusions to the Labour Board within two days of the investigation’s completion. The Labour Board then has 30 days to issue its decision, after which (or if no decision is issued within that period) the employer must implement and notify the applicable measures or sanctions within 15 calendar days. The entire proce - dure must be conducted and brought to a close within a maximum period of 30 administrative working days, and must be properly documented and safeguarded. Where the investigation, under the Karin Act, is con - ducted directly by the Labour Board, or where the employer refers or delegates the complaint to the authority, the procedure may continue beyond the investigative phase. In such cases, Chilean law estab - lishes an additional mandatory mediation stage follow - ing the conclusion of the administrative investigation, even though this phase does not strictly constitute an internal investigation. This mediation is manda - tory in cases of workplace harassment and violence and aims to reach an agreement between the parties
before judicial escalation. If mediation is held and no agreement is reached, or if the agreement is breached, the Labour Board is required to initiate a judicial fun - damental rights action before the labour courts. On the other hand, in cases of sexual harassment where there are sufficient indicia of the conduct, mediation is excluded, and the Labour Board must directly file a In general terms, the law does not establish a specific form for the conclusion of an internal investigation; it must comply with the company’s internal regulations or internal policies. In the case of investigations gov - erned by the Karin Act, the procedure requires a for - mal, documented conclusion, typically in the form of a written report that records the steps taken, the facts investigated, and the conclusions reached, ensuring traceability, due process and administrative oversight. 6.4 Reports Generally, internal investigations lack a uniform legal regulation establishing mandatory content for final investigation reports. Accordingly, their content is gov - erned by the company’s internal regulations and inter - nal policies. In practice, such reports usually include the identification of the parties, a description of the information gathered, the analysis carried out, and the conclusions of the investigation, serving as the basis for any subsequent decisions by the employer. judicial complaint. 6.3 Conclusion By contrast, in investigations governed by the Karin Act, the investigation report must be in writing and must include, at a minimum, the following mandatory contents: • name, email address and tax identification number (RUT) of the company; • identification of the complainant and the respond - ent, including at least their email address and national identity card or passport; • identification of the person in charge of the inves - tigation, including at least their email address and national identity card or passport, and a record of whether any circumstances affecting their impar - tiality exist and, where applicable, any replace - ment;
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