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Chile

Sexual harassment in the workplace in Chile

Table of contents
  1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?
Chile
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Law No. 20.005 published on 18 March 2015, introduced amendments to the Labour Code detailing and prohibiting workplace harassment.

The Labour Code prohibits sexual harassment in the workplace, defining it as follows: “Non-consensual sexual requests which threaten the employment situation or opportunities of a worker.”

In this regard, the Labour Code gives some examples of conduct which is prohibited, including, among others:

  • Non-consensual physical contact;
  • Verbal proposals of a sexual nature;
  • Unsolicited gifts with romantic or physical connotations; and
  • Emails or personal letters containing sexual requests.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

The employer must establish a code of conduct to guarantee a dignified work environment and mutual respect. For that reason, the employer must:

  • Include a company policy setting out a procedure regarding sexual harassment complaints;
  • Adopt the necessary investigation, sanctions and remedies once the sexual harassment complaint has been received;
  • Inform the Labour Directorate about the results of sexual harassment investigations and the measures taken and/or sanctions applied.

3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?

The #MeToo movement impacted the number of sexual harassment complaints received by the Labour Directorate. In fact, in Chile, during the first half of 2018, complaints increased 234.51% compared to the same period of 2017.

There are different ways to protect or compensate a victim of sexual harassment.

  • Mandatory investigation. If the employee or the Labour Directorate receives a report of sexual harassment, they are obliged to conduct an investigation and take action.
  • Grounds for termination of the employment contract. The employer can dismiss the employee who has sexually harassed another employee.
  • Constructive dismissal. The victim of sexual harassment may claim constructive dismissal and bring a claim against the company in the Labour Courts to receive compensation.
  • Procedure for the protection of the fundamental rights of the worker. The victim can sue his employer for having violated his/her fundamental rights.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

We are in the amber category.

6. Any other relevant information on workplace harassment?

In Chile, there is also a regulation prohibiting false allegations of sexual harassment. The employee who falsely reports another worker, will have to pay compensation for the damage suffered by his co-worker.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

No.