Sexual harassment and workplace bullying are serious issues that can profoundly impact an employee’s well-being and work performance. In Chile, various legal protections and remedies are available to employees who experience such misconduct. This article aims to empower employees by outlining their rights, explaining the complaint process, detailing potential remedies, and highlighting available support resources.
Understanding employee rights
Constitutional protections
The Constitution of Chile guarantees the right to personal dignity and integrity, forming the basis for protecting employees against harassment and bullying in the workplace. These fundamental rights ensure that employees can work in a safe and respectful environment.
Labor Code Provisions
The Chilean Labor Code (Código del Trabajo) provides specific protections against sexual harassment and workplace bullying. It mandates employers to take preventive measures and establishes the procedures for addressing complaints.
Sexual harassment
Article 2 of the Labor Code defines sexual harassment and obliges employers to prevent and address it. Employers must implement measures to investigate complaints and protect victims from retaliation.
Workplace bullying
While the Labor Code does not explicitly mention “workplace bullying,” it addresses behaviors that undermine employees’ dignity and mental health. Employers are required to maintain a safe and healthy work environment, which includes preventing and addressing bullying.
The complaint process
Internal reporting
Employees who experience sexual harassment or workplace bullying should first report the incident internally through the procedures established by their employer.
Steps to File a Complaint
- Review company policy: Understand the company’s anti-harassment and anti-bullying policies and procedures for filing complaints.
- Document the incident: Keep detailed records of the incident, including dates, times, locations, and any witnesses.
- Report to supervisor or HR: Submit a formal complaint to a supervisor or the human resources department, following the company’s reporting procedures.
- Seek support: Consider seeking support from colleagues, a trusted mentor, or a workplace counselor.
External reporting
If internal reporting does not resolve the issue or if the employee prefers external avenues, they can file a complaint with the Labor Inspectorate (Dirección del Trabajo).
Labor inspectorate process
- Filing a complaint: Submit a complaint to the Labor Inspectorate, providing all relevant information and documentation.
- Investigation: The Labor Inspectorate will investigate the complaint, which may include interviewing witnesses and reviewing evidence.
- Resolution: If the investigation confirms the harassment or bullying, the Inspectorate can impose sanctions on the employer and order corrective measures.
Judicial action
Employees also have the option to pursue legal action through the labor courts.
Steps in judicial action
- Consult an attorney: Seek legal advice from an attorney specializing in labor law to understand the potential outcomes and processes.
- File a lawsuit: Initiate a lawsuit in the labor courts, presenting evidence and witness testimony.
- Court proceedings: The court will hear the case, consider the evidence, and make a ruling.
- Remedies: If the court finds in favor of the employee, it may award remedies such as compensation for damages, reinstatement, or other appropriate measures.
Potential remedies
Compensation
Employees who experience harassment or bullying may be entitled to financial compensation for damages. This can include compensation for emotional distress, medical expenses, and any lost wages resulting from the misconduct.
Reinstatement
In cases where the employee was wrongfully terminated or forced to resign due to harassment or bullying, the court may order reinstatement to their position.
Corrective measures
Employers may be required to implement corrective measures to prevent future incidents of harassment and bullying. This can include revising company policies, conducting training programs, and establishing more effective reporting and investigation procedures.
Psychological support
Employers may also be required to provide psychological support services to victims, such as counseling or therapy, to help them recover from the impact of harassment or bullying.
Available support resources
Internal resources
Many companies offer internal resources to support employees who experience harassment or bullying. These can include employee assistance programs (EAPs), counseling services, and dedicated HR representatives.
External resources
Several external resources are available to employees seeking support and guidance:
- Labor Inspectorate (Dirección del Trabajo): Provides information and assistance with filing complaints and navigating the legal process.
- Non-Governmental Organizations (NGOs): Organizations such as Fundación Honra and Corporación Miles offer support services, including legal advice and counseling.
- Legal Aid Services: Free or low-cost legal aid services are available to help employees understand their rights and pursue legal action if necessary.
Becker Abogados: your reliable legal advisor
Understanding their rights and available remedies is crucial for employees who experience sexual harassment or workplace bullying in Chile. By knowing the complaint process and accessing the necessary support resources, employees can take empowered steps to address and resolve these issues.
Becker Abogados is dedicated to providing expert legal guidance and support to help employees navigate these challenging situations, ensuring their rights are protected, and their workplace remains safe and respectful. Trust us to be your advocate in the fight against harassment and bullying in the workplace.
