CHILE Trends and Developments Contributed by: Christian Alvarado and Agustín Alcalde, Clyde & Co Chile
tiality, gender perspective and due process. The investigation must conclude with the preparation of a written report, the formal communication of its conclu - sions to the parties, and the adoption of the applicable measures or sanctions, all within the statutory maxi - mum period of 30 days. Conversely, where the investigation is undertaken by the Labour Board – either following a direct complaint by the employee or by referral from the employer – it is conducted as a special administrative procedure. The Labour Board receives the complaint, verifies compli - ance with the formal and substantive requirements for processing, adopts or maintains the protective meas - ures, and conducts the investigation, which must also be concluded within a maximum period of 30 days, issuing a reasoned decision and notifying the parties of its outcome. The key difference between these two scenarios lies not in the existence of a procedure, but in the body responsible for conducting it. In both cases, how - ever, the legislator deliberately chose to concentrate, standardise and temporally limit the investigation, giv - en the particular seriousness of the alleged conduct and the adverse effects that prolonged proceedings may have on the complainant, the respondent and the employer. This normative design seeks to ensure swift responses, prevent re-victimisation and provide legal certainty in a particularly sensitive area of the employment relationship. Empirical Data: Complaint Volumes and Pressure on the Labour Board The official data published by the Labour Board allow for a more precise assessment of the context in which delays in the processing of investigations have arisen. Between 1 August 2024 and 30 June 2025, the Labour Board received a total of 44,212 complaints under the Karin Act, including both those filed directly by employees and those referred by employers. Complaints were submitted through three main chan - nels. First, the digital channel accounted for the high - est volume, with 19,285 requests, followed by the in-person channel, with 16,774 complaints. Third, 8,153 cases were referred by employers, meaning complaints initially filed with the company and sub -
sequently forwarded to the Labour Board for investi - gation. This diversity of channels reflects an intensive use of the system and a significant externalisation of investigative functions towards the administrative authority. From a temporal perspective, according to official sources, monthly complaint volumes have remained high throughout the period analysed. Although a mod - erate decrease in the total number of complaints is observed in 2025, this reduction is mainly due to a decline in employer referrals rather than a substantial drop in direct complaints. Overall, the flow of cases remains high and sustained, placing constant pres - sure on the Labour Board’s operational capacity. Regarding the characterisation of complaints effec - tively processed under the Karin Act, the data reveal clear patterns. Approximately 87.5% of cases relate to workplace harassment, while workplace violence and sexual harassment account for significantly smaller proportions. In addition, most complaints were filed by women, who represent close to two-thirds of all cases approved for processing. These figures illustrate not only the prevailing profile of complaints, but also the social and legal sensitivity of the matters involved. Taken together, these data support the conclusion that the Labour Board is facing a significant struc - tural workload in the implementation of the Karin Act. This context helps explain, albeit not to justify, the practical difficulties observed in the system. While the scale and persistence of complaint volumes shed light on the environment in which delays occur, they do not resolve the underlying legal issue: non-com - pliance with statutory deadlines expressly designed by the legislature to ensure prompt, effective and timely investigations in particularly sensitive areas of labour law, where the investigation is conducted by the Labour Board. Delay as a Legal Problem: Breach of the Statutory Time Limit The gap between the normative design of the Karin Act and its administrative implementation has increas - ingly been addressed by the Chilean courts, particu - larly through constitutional protection actions. Recent case law has been consistent in characterising exces -
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