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KARIN LAW: REGULATION ON PROCEDURES FOR INTERNAL INVESTIGATIONS PUBLISHED

KARIN LAW: REGULATION ON PROCEDURES FOR INTERNAL INVESTIGATIONS PUBLISHED

KARIN LAW

REGULATION ON PROCEDURES FOR INTERNAL INVESTIGATIONS PUBLISHED

On July 3, the regulation establishing guidelines for internal investigations of sexual harassment, workplace harassment or workplace violence was published in the Official Gazette. Among the various aspects included in the regulation are the following:

 

  1. Internal investigations should preferably be carried out by a worker who has training in harassment, gender or fundamental rights issues, which should be informed to the complainant.
  2. If the complaint is directed against a representative of the employer (in the terms of Article 4 of the Labor Code), the company must refer the complaint to the Labor Directorate for investigation, without being able to conduct an internal investigation.
  3. The complaint cannot be subject to an admissibility control, and in case it is incomplete, the investigator must provide the complainant with a deadline to complete the background or information.
  4. The complainant/complainant may present background information that controvert the impartiality of the person in charge of the investigation, and may request his/her replacement.

 

Contact us for more information

Felipe González
Senior Associate
fgonzalez@cuevasabogados.cl
 
José Olbrich
Senior Associate
jolbrich@cuevasabogados.cl
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