On August 1, Karin Law No. 21,643, commonly known as the “Karin Law,” came into effect. It establishes clear new regulations to prevent and address sexual harassment, workplace harassment, and violence at work.

The law’s regulations establish that employers have the obligation to implement adequate preventive measures and investigation procedures to ensure a safe and respectful work environment.

The law and its regulations also introduce essential definitions:

• Workplace harassment: It is defined as any aggressive or harassing behavior by employers or workers that undermines dignity, generates mistreatment or humiliation, or threatens the working conditions or employment opportunities of a worker.
• Sexual Harassment: It consists of inappropriate sexual advances not consented to by the recipient, with the potential to harm the work situation or employment opportunities of the affected person.
• Workplace Violence: It is behavior directed toward workers by third parties outside the employment relationship, such as clients or suppliers, during the performance of their duties.

The regulation also specifies specific manifestations of workplace and sexual harassment, including horizontal harassment between peers, vertical downward harassment exercised by hierarchical superiors, and vertical upward harassment directed towards superiors. In addition, it addresses complex situations where vertical upward and downward harassment coexist.

An important element of this new regulation is that, unlike what happened before, it will now be possible to report when there is a single act of harassment, and repeated acts will not be necessary.

Among the employer’s obligations in the investigation procedure, the following stand out:

1. Preparation of Protocols: Develop and make available to workers detailed protocols for the prevention of sexual harassment, workplace harassment and violence at work.
2. Investigation Procedure: Establish a formal procedure for the investigation of harassment complaints, guaranteeing the impartiality and protection of the complainants.
3. Information and Training: Inform workers about the available reporting channels and train them in the identification, prevention and management of these situations.
4. Safeguard Measures: Take immediate measures to protect the complainants during the investigation process, which may include physical separation or redistribution of tasks.
5. Report and Conclusions: Submit a detailed report with the investigation findings within a maximum period of 30 days from the filing of the complaint, proposing corrective measures as necessary.

Some additional guidelines for the investigation procedure include:

• Complaint: Complaints may be submitted verbally or in writing to the employer or the Labor Directorate, ensuring the delivery of proof of the action taken.
• Impartial Investigation: Appoint a person with training in harassment, gender or fundamental rights to carry out the investigation, guaranteeing the impartiality of the process.
• Investigation Timeframe: The investigation must be completed within a maximum of 30 days from the filing of the complaint, with a comprehensive report addressed to the competent authority.

This law primarily affects countries in the European Union, where it seeks to improve cooperation between member states to more effectively share criminal records, especially to prevent situations similar to Karin’s.

It is important to note that the Social Security Administration Agencies against Risks of Workplace Accidents and Occupational Diseases (ISL, IST or ACHS) will implement various programs for their members, with a view to preventing and training employers and workers on certain conduct and prevention measures, and, make available to these programs or psychological assistance, which seeks to intervene with their professionals in situations of sexual harassment, workplace harassment or workplace violence at work, which may be extended to the affected parties and the rest of the workers.

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