CHILE Law and Practice Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
6.6 Communications to Authorities The conclusions of an internal investigation into matters other than those regulated by the Karin Act should not be communicated to authorities, unless a legal provision expressly requires it or the employer decides to do so for compliance or strategic reasons (for example, in criminal or compliance matters). In the absence of a legal obligation, the information remains within the internal sphere, subject to the duty of con - fidentiality. By contrast, in investigations governed by the Karin Act, the communication of the conclusions to the Labour Board is mandatory, in accordance with the terms and timeframes set out in 6.2 Procedure for Ending an HR Internal Investigation . 6.7 Other Communications As a general rule, information regarding the conclu - sion of an internal investigation is not communicated to parties other than the reporter and the respondent. Exceptionally, and only where strictly necessary for organisational or compliance reasons, the employer may inform direct managers or other internal areas about the adoption of certain measures, without dis - closing factual findings, detailed conclusions or sensi - tive personal data. In investigations governed by the Karin Act, the princi - ple of confidentiality reinforces this approach. Accord - ingly, witnesses, team members or other third parties are not informed of the contents of the report or its conclusions, except to the extent strictly necessary to implement protective or preventive measures, always avoiding unnecessary exposure of the individuals involved. 6.8 Disciplinary Measures If the allegations are deemed substantiated, the employer may apply the disciplinary measures pro - vided for in the Labour Code and in the internal regula - tions, respecting due process and the non bis in idem principle. In particular, depending on the seriousness of the facts, the following disciplinary measures may be adopted: • verbal warning, as a formal warning;
• details of the protective measures adopted and the notifications issued during the procedure; • identification of the background information and interviews collected, with special safeguards for the confidentiality of the participants; • description of the alleged facts, the statements obtained and the arguments submitted by the par - ties; • formulation of the indicia or coherent and con - sistent reasoning supporting the investigation’s conclusions, in order to determine whether the investigated facts constitute sexual harassment, workplace harassment or violence at work; • proposal of corrective measures, where applicable; and • proposal of sanctions, where appropriate, assess - ing the seriousness of the investigated facts and in accordance with the applicable internal regulations. This report forms the basis for the Labour Authority’s review and for the possible adoption of measures or sanctions by the employer, in accordance with the procedure established under the Karin Act. 6.5 Information In the context of an internal investigation, the par - ties’ right to receive information about the outcome depends on the applicable regime. As a general mat - ter, and in accordance with practice and the provisions of the internal regulations, the employer must inform both the reporter and the respondent of the conclu - sions of the procedure and the measures adopted, while safeguarding confidentiality and sensitive data. Under the Karin Act, the employer must notify both parties of the investigation outcome. The notification includes: • the Labour Board’s decision and conclusions, if issued; or • the full investigation file if 30 days elapsed without a response from the Board. Notifications are subject to confidentiality require - ments and do not grant parties the right to access third-party data.
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