On January 22, 2025, the Superintendence of Social Security (SUSESO) issued Circular No. 3854, establishing new obligations for employers under Law No. 21.643 (Karin Law).
- Employers must report to their administering agency:
- Complaints filed in the workplace regarding workplace harassment, sexual harassment, or workplace violence, regardless of whether the complaints were submitted to the employer, the Labor Directorate, or the Office of the Comptroller General of the Republic, as applicable.
- The type of actions and/or measures taken in response to each complaint.
These include protective measures outlined in the Karin Law, such as providing the complainant with early psychological support through the programs available from the respective administering body under Law No. 16.744, physical space separation, suspension of duties, job relocation, schedule redistribution, remote work, and/or telecommuting, among others.
- Employers must take the necessary measures to ensure that this information is provided while maintaining the confidentiality of the complainant’s data.
- The deadline for employers to submit this information must not exceed five business days from the date they become aware of the complaint.
- The first report that the employer must submit to the administering agency must include complaints filed since January 3, 2025.
- Employers are required to submit a consolidated report semiannually, during the first week of July and January each year, without prejudice to partial reports or specific information requests from SUSESO.
- Administering agencies must develop a monitoring and follow-up plan for the protective measures implemented and reported by employers. If the administering agency determines that an employer has not complied with these measures, it must prescribe corrective actions, provide technical assistance, and take the necessary interventions to ensure the employer effectively implements the required preventive and corrective measures. Additionally, confidentiality measures must be applied to the received information.
- This circular takes effect upon its publication, on January 22, 2025. Companies must submit their first consolidated report by April 15, 2025.
For additional information on this matter, please contact Alfred Sherman (asherman@jdf.cl) or Doménica Daqui (ddaqui@jdf.cl).
