Sexual harassment and workplace bullying are significant issues that affect employees’ well-being and productivity in Chile. These behaviors not only harm individuals but also create toxic work environments that can lead to legal repercussions for employers. This article provides a comprehensive overview of sexual harassment and workplace bullying in Chile, defining the terms, explaining their different forms, and outlining the legal framework for addressing these issues.
Sexual harassment
Sexual harassment refers to any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. It can occur between any individuals within the workplace, regardless of their hierarchical position.
Forms of sexual harassment
- Verbal harassment: Includes comments about a person’s body, unwelcome sexual advances, and suggestive or obscene remarks.
- Non-verbal harassment: Includes gestures, displaying sexually explicit materials, and sending inappropriate messages.
- Physical harassment: Includes unwanted touching, hugging, kissing, or any other physical contact.
Workplace bullying
Workplace bullying, also known as “mobbing,” involves repeated and persistent negative actions directed towards an employee, which can cause psychological harm and create a hostile work environment. Unlike sexual harassment, workplace bullying is not necessarily sexual in nature and can be carried out by colleagues, supervisors, or subordinates.
Forms of workplace bullying
- Verbal abuse: Includes shouting, insults, and offensive language.
- Isolation: Deliberately excluding someone from meetings, projects, or social interactions.
- Work sabotage: Assigning unreasonable tasks, setting impossible deadlines, or intentionally disrupting someone’s work.
- Psychological manipulation: Spreading rumors, undermining someone’s confidence, or making threats.
Legal framework in Chile
Constitutional protections
The Constitution of Chile guarantees the right to personal dignity and integrity, providing a foundational basis for protecting employees from harassment and bullying.
Labor Code
Chile’s Labor Code (Código del Trabajo) specifically addresses sexual harassment and workplace bullying, outlining the responsibilities of employers and the rights of employees.
Sexual harassment
Article 2 of the Labor Code defines sexual harassment and mandates that employers take necessary measures to prevent and address it. Employers are required to establish procedures for reporting and investigating complaints, and they must ensure that victims are not subjected to retaliation.
Workplace bullying
While the Labor Code does not explicitly mention “workplace bullying,” it addresses behaviors that can be classified as such under the broader mandate to protect employees’ dignity and mental health. Employers are obligated to maintain a safe and healthy work environment, which includes preventing and addressing bullying behaviors.
Administrative and Judicial Recourse
Employees who experience sexual harassment or workplace bullying have several avenues for recourse:
- Internal complaints: Employees can file complaints through internal channels established by their employer. Employers must investigate and take appropriate action.
- Labor Inspectorate (Dirección del Trabajo): Employees can report incidents to the Labor Inspectorate, which can conduct investigations and impose sanctions on employers who fail to comply with their obligations.
- Judicial action: Employees can pursue legal action in labor courts, seeking remedies such as compensation for damages and reinstatement if they were unfairly dismissed.
Employer Responsibilities
Preventive Measures
Employers must take proactive steps to prevent sexual harassment and workplace bullying. This includes:
- Policy development: Creating and disseminating clear policies that define and prohibit harassment and bullying.
- Training programs: Providing regular training for employees and management on recognizing, preventing, and addressing these issues.
- Reporting mechanisms: Establishing confidential and accessible channels for employees to report incidents.
- Response and investigation
When an incident is reported, employers must conduct a prompt and thorough investigation. This involves:
- Protecting the victim: Ensuring that the victim is not subjected to retaliation or further harm during the investigation.
- Impartial investigation: Conducting an unbiased investigation, often involving human resources and legal counsel.
- Appropriate action: Taking disciplinary action against perpetrators and providing support to victims.
Employee rights and responsibilities
Rights
Employees have the right to a workplace free from harassment and bullying. They are entitled to:
- Safety and dignity: Protection from behaviors that threaten their physical and psychological well-being.
- Reporting without retaliation: The ability to report incidents without fear of reprisal.
- Support and remedies: Access to support services and legal remedies if they experience harassment or bullying.
Responsibilities
Employees also have a responsibility to contribute to a respectful and safe work environment. This includes:
- Respectful behavior: Treating colleagues with respect and refraining from engaging in harassment or bullying.
- Reporting incidents: Reporting observed or experienced harassment and bullying to appropriate authorities.
- Cooperating with investigations: Assisting with investigations by providing accurate information.
Becker Abogados: your reliable legal advisor
Addressing sexual harassment and workplace bullying in Chile requires a comprehensive approach that involves clear policies, preventive measures, and effective response mechanisms. Both employers and employees have crucial roles to play in fostering a safe and respectful work environment. At Becker Abogados, we are committed to providing expert legal advice and support to help organizations navigate these challenges and ensure compliance with legal standards. By working together, we can create workplaces where dignity and respect are upheld for all employees.
