Chilean Government proposes updates to Ley Karin workplace harassment regulations

The Chilean government has resubmitted a decree to the Comptroller General of the Republic to amend the regulations of Ley Karin (Law No. 21,643), which governs workplace harassment, sexual harassment, and violence. The modifications aim to address administrative burdens, slow investigation processes, and the handling of complaints that do not qualify as harassment.

A central component of the update is the new definition of bad faith complaints. An accusation will no longer be automatically classified as malicious simply because the facts could not be proven. To establish bad faith, there must be clear and sufficient evidence that the complaint was intentionally filed using false information. This change is intended to protect workers from unjustified sanctions.

The proposed decree also introduces protocols for incomplete complaints, allowing companies to notify workers and provide a five-day window to supplement information. Additionally, the regulations clarify how investigations proceed if a worker leaves the company during an active process and include measures to prevent the duplication of investigations for the same incidents. These changes are expected to impact large-scale industries, such as mining, by providing more efficient and legally consistent internal procedures.