Even though a general good faith principle applies to employment relationships meaning employees should act in the best interest of the employer and comply with all legal rules and internal regulations, the specific scope of these regulations is set out by each company in the corresponding Internal Regulations of Health and Security (the “Internal Regulations”). This is a mandatory employment handbook that contains rights, obligations and prohibitions applicable to employees in connection with the performance of their work and their presence and behaviour in a workplace.

The Internal Regulations are the only document which may set obligations and procedures to follow in the event of deviations. In terms of the minimum contents concerning internal investigations, the only complaints which need to be included (and investigated) are complaints related to workplace harassment, sexual harassment or violence at work.

The Internal Regulations need to set out the applicable internal investigation process, the duties and obligations of employees, the applicable timeframes for the process, the potential disciplinary measures to be taken and who may participate as an investigator.

Legal amendments in force since 2024 require internal investigations concerning workplace harassment, sexual harassment or violence at work to be carried out or referred to the Labour Bureau.

The decision to initiate an investigation or refer the matter to the Labour Bureau should be communicated to the reporter within three working days. The three-day period is calculated from the date of the formal filing of the complaint.

Employers are required to have certain types of channels that employees may use to report concerns. Following the implementation of Law 21,643 regarding workplace harassment, sexual harassment or violence at work, an employer must have a reporting channel. This channel needs to ensure that all information relating to the report is duly disclosed by the reporter. It also needs to ensure that confidentiality and/or anonymity is preserved, as far as possible depending on the nature of the communication. In these cases reports cannot be anonymous.

The Internal Regulations need to indicate precisely who (or what body within the organisation) is in charge of the investigation. To the extent the Internal Regulations allow it, external counsel may be in charge of the full investigation, participate in portions of the investigation or provide opinions once the investigation is concluded to reinforce the potential disciplinary measure is in line with the law and the Internal Regulations.

Additionally, in workplace harassment, sexual harassment or violence at work investigations, the investigator must have verified training in harassment, gender, or fundamental rights matters.

An HR internal investigation must be carried out when the law mandates it be. There is an obligation to carry out an internal investigation if an employer receives a claim or report of workplace harassment, sexual harassment or violence at work. When an investigation is mandatory, it may be referred to the Labour Bureau.

An HR internal investigation may not be carried out when an employee requires the complaint to be sent to the Labour Bureau or when a respondent holds a directorship position within the company. This applies to the investigation of workplace harassment, sexual harassment or violence at work.

In cases where an investigation is neither mandatory nor prohibited, an employer decides whether or not to move ahead with carrying out an HR internal investigation, whenever the Internal Regulations set out a specific obligation or duty and there is an infringement of that obligation or duty. In these circumstances, an employer may decide to follow the internal investigation procedure to set out grounded disciplinary measures against the infringer.

An investigation of workplace harassment, sexual harassment or violence at work report needs to include at least the following information:

• the full information of the reporter;
• the full information of the individual affected (if it differs from the reporter);
• the position of the individual affected and employment relationship with the respondent, indicating its affiliation in the event it does not work for the same company;
• detailed information of the reported incident;
• the full information of the respondent(s);
• the names of possible witnesses to the incident;
• an email contact for follow-up; and
• the name and signature of the reporter.

If the report is given orally or is missing information, the employer may require the reporter to provide additional information. Once the compliant report has been received, the reporter has the right to know whether an internal investigation will be conducted or not by the company.

They are informed by means of a notice given within three working days. They will be informed whether an internal investigation process will be initiated or not (or referred to the Labour Bureau). In any event, all additional rights recognised by the Internal Regulations need to be followed.

The respondent has a right to be informed as to whether an HR internal investigation will be launched. The respondent also has a right to be informed in investigations of workplace harassment, sexual harassment or violence at work. In order to ensure that due process rules are followed, the respondent has the right to know that there is a process being brought against them, the terms of the complaint (namely the date, place and circumstances under which the reported incident took place) and the steps and timings of the investigation process being followed.

They also have a right to be informed that they have a right to participate in the process by submitting their version of events as well as produce any evidence they deem appropriate to substantiate their version. Additionally, they have a right to be informed that the process is confidential and about the potential effects of the process.

There is no active duty to report incidents to authorities, except for when the law especially requires an employer to do so. In terms of investigations related to workplace harassment, sexual harassment or violence at work the employer is required by law to report to the Labour Bureau that it has received a report and has decided to open an investigation or that it has decided to refer it to the Labour Bureau. Along with the report, an employer must inform the reporter about the rights, the option to investigate or refer, the protection measures being taken to protect the person affected and the confidentiality of the process, among other things. Additional information may need to be provided where the investigation is being handled by HR.

An internal investigation should be confidential to safeguard the honour of the parties involved. In cases of workplace harassment, sexual harassment or violence at work reports, the investigation will also be confidential.

This is usually stated in the Internal Regulations and conveyed in the first communication to the parties once a decision to open an investigation is issued. It is recommended to have every interviewee and party sign and acknowledge a non-disclosure agreement (NDA) or confidentiality agreement acknowledging that the process and anything they learn from the process is to be kept confidential.

If an NDA or confidentiality agreement is not signed, the process is still confidential, but the employer may be considered liable in the event of a breach of confidentiality for not taking all relevant measures to protect confidentiality.

An affected party may seek compensation against an employer and/or the individual who breached the confidentiality obligation. Furthermore, if the disclosure affected the honour or the physical or mental integrity of one of the parties, this could give rise to a breach of fundamental rights with an ongoing employment relationship against an employer who did not take all relevant measures and ultimately affected an employee wilfully or negligently.

Once a report for workplace harassment, sexual harassment or violence at work is received, the employer must conduct an investigation or, at the very least, take measures to ensure the report meets all requirements for an investigation to be conducted. Reports for other incidents need to follow the Internal Regulations of the employer.

The parties, witnesses and team members or team leaders are usually interviewed to assess the merit of the incidents reported or to provide context as to the relationship between the parties prior to a reported incident.

Interviewees may refuse to take part in the process. An employer may only impose disciplinary measures on employees to the extent they are allowed by the Internal Regulations and there is no valid reason for the refusal by the employee to participate.

Interviews can be carried out remotely to the extent the Internal Regulations allow it, or the parties are informed of this in the initial communication and the parties involved agree to it. However, investigations of workplace harassment, sexual harassment or violence at work will be recorded in writing and the declarations signed.

There are no legal rules on the number of interviewers required or on their composition. The Internal Regulations may set a minimum or maximum number of interviewers to ensure their neutrality and objectivity. However, the interviewer conducting an investigation into workplace harassment, sexual harassment or violence at work must have verifiable training in harassment, gender, or fundamental rights matters. They must also be an employee unless otherwise stated in the Internal Regulations or the matter is referred to the Labour Bureau.

There are no instances in which a neutral third party should be present during interviews as a witness. However, it is good practice to have a second interviewer or support staff member present at any given interview to ensure the interview process is objective.

There are no rules on whether or not interviewees may be accompanied by a support person. However, if in their regular dealings they are accompanied by a support person there seems to be no reason to refuse their presence, as long as they do not intervene in the interviewing process or affect the process in any other way. However, in cases of workplace harassment, sexual harassment or violence at work, at the union’s request, a union may represent its members involved in the reported incidents.

There are no rules on whether or not interviewees may be accompanied by a lawyer. However, as internal investigations are not regulated in the law nor carried out before a court of law, it would be against the neutrality of the process for one of the parties to be accompanied by a lawyer. Furthermore, should one of the parties have a lawyer, in order for them to have equal access the other would also have to have one.

As a general rule there is no particular information interviewers need to provide to interviewees at the start and/or end of the interview. As the report is usually confidential, questions are generally open-ended and unless the interviewee has knowledge of the incident, no information concerning the reporter or the respondent should be provided.

In workplace harassment, sexual harassment or violence at work matters the company must notify the complainant, the affected party, and the accused in writing about:

• the initiation of the investigation process;
• the investigator’s identity and their training in harassment, gender, or fundamental right matters (as applicable);
• the dates for hearings to provide evidence;
• the possibility of submitting information that may affect the investigator’s impartiality to request their replacement; and
• the temporary protective measures for the parties involved, which have not previously been communicated. These include maintaining the confidentiality of the investigation, prohibiting attempts to interfere with the outcome or the testimonies of those involved, and refraining from taking retaliatory actions against them.

Additionally, the company must inform the complainant that it may conduct an internal investigation or refer the matter to the Labour Bureau and that the complainant may request the matter be referred to the Labour Bureau.

There are no rules on what happens if an interviewee requests an interview be stopped. If a request to stop an interview is made, best practice would be to enquire about the reasons for the request and if stopping the interview is necessary approve the request.

There are no special rules on whether or not minutes should be taken in interviews. Summarised minutes prepared by the interviewers are usually used to draft and finalise the investigation report. It is enough to communicate this to the interviewees and they may customarily be allowed to review the minutes or supplement them if they ask to do so.

If there is no reference to whether or not an interview may be recorded in the Internal Regulations, interviews may be recorded provided the parties involved consent to it. Transcripts of the interview may be produced but are typically only used for the internal investigation report. However, if anything mentioned in these interviews is relevant to the investigation decision, the relevant passage or conclusion in the report should be communicated to the parties.

The Internal Regulations may set out rules on fact-finding beyond interviews. That being said, the investigation is customarily centred on the parties and interviewee declarations and documents submitted by the parties. However, for example, if the incident involved a technical matter or an accounting issue involving a third party, a report from the accounting department may also be asked for. Similarly, if it involved a contractor, a report from the contracting company may be requested. However, generally, it will depend on what the parties involved provide and the nature of the incident reported.

In workplace harassment, sexual harassment or violence at work matters, if the complaint contains facts that constitute more than one type of unlawful behaviour, the investigator may, within the same procedure, investigate and sanction all of the reported behaviours. Similarly, if multiple complaints are filed jointly or concurrently, the investigator may investigate them together or separately, depending on the merit of the facts reported. The investigation must be concluded within 30 days regardless.

Whenever the reporter may be endangered as a result of the report, an employer should take protection measures to ensure the well-being and safety of the reporter.

There is no defined list of measures to be taken. The measures to be taken need to be specified in the Internal Regulations and be reasonable and proportional to the size of the workplace, the size and capabilities of the employer and the severity of the report among other factors. For example, limited, supervised or no contact with the respondent during the investigation process, remote work, paid leave, change of workplace or duties may be adopted. The company will offer the reporter psychological support though an occupational safety institution.

Employers are under a general duty to protect employees. Failure to protect the reporter or affected party could give rise to a breach of fundamental rights with an ongoing work relationship against an employer who did not take all relevant measures and ultimately affected an employee wilfully or negligently.

Protection measures for the respondent other than confidentiality of the process are not specified.

Apart from confidentiality of the process to safeguard the respondent’s honour and reputation, there are no protection measures for a respondent.

A breach of confidentiality which affected the honour or the physical or mental integrity of a respondent could give rise to a breach of fundamental rights within an ongoing work relationship against an employer who did not take all relevant measures and ultimately affected an employee wilfully or negligently.

An employer can take disciplinary measures against a respondent prior to concluding an HR internal investigation. Disciplinary measures may be taken in line with the law, the Internal Regulations and the outcome of the investigation. The typical disciplinary measures recognised by law are:

• warnings (such as a verbal or written reprimand, which may be included in the copy sent to the Labour Bureau);
• fines (of up to 25% of the daily wage of the employee);
• suspension (which is unlawful in Chile without the written consent of the employee); and
• the termination of the employment contract for cause by the employer. The specific ground of termination will depend on the infringements detected in each case.

Other employees (typically witnesses) may be subject to protection measures, especially keeping their involvement in the investigation process confidential to prevent them from being affected or subject to retaliation. In the context of an investigation process concerning sexual harassment, workplace harassment or violence at work, the employer must take the necessary measures to ensure that the reporter, victim, or witnesses are not revictimised and are protected from retaliation.

While there is no explicit protection for other types of internal complaints, any measure adopted by the employer must be necessary, suitable, and proportional to a legitimate purpose, which could lead to sanctions if it is proven that the measure was taken solely due to a complaint. Any measures should be specified in the Internal Regulations and be reasonable and proportional to the size of the workplace, size and capabilities of the employer and severity of the report among other factors.

Employers are prohibited from retaliating against employees for filing complaints or pursuing legal actions, for their participation in these proceedings as witnesses or being offered participation in these proceedings as witnesses, or as a consequence of the oversight duties of the Labour Bureau.

Failure to protect witnesses, could give rise to a breach of fundamental rights with an ongoing employment relationship against an employer who did not take all relevant measures and ultimately affected an employee wilfully or negligently.

As a general rule, the procedural guarantees that must be put in place or steps that must be followed are specified in the Internal Regulations.

For workplace harassment, sexual harassment or violence at work reports, the law requires:

• confidentiality;
• impartiality;
• celerity;
• gender perspective;
• no revictimisation;
• reasonability;
• due process;
• collaboration; and
• non-discrimination.

Under due process rules there is a right to remain silent, have access to the incident report, produce evidence and be heard.

Failure to meet these requirements, could give rise to a damages claim from the affected party, and to the extent due process is a fundamental right, may also give rise to a breach of fundamental rights with an ongoing employment relationship against an employer who did not take all relevant measures and ultimately affected an employee wilfully or negligently.

Furthermore, the whole process may be null and any measures taken as a result may be invalid and the Labour Bureau may impose a fine on an employer.

An employer may have Internal Regulations that go beyond the basic requirements and they will be binding on the employer.

Failure to meet the requirements, could give rise to a damages claim from the affected party, and to the extent due process is a fundamental right, may also give rise to a breach of fundamental rights with an ongoing employment relationship against an employer who did not take all relevant measures and ultimately affected an employee wilfully or negligently.

Furthermore the whole process may be null and any measures taken as a result may be invalid and the Labour Bureau may impose a fine on an employer.

Under due process principles, the burden of proof on a given fact lies on the party asserting the fact.

There are no rules on degree of proof. However the evidence should be assessed under the reasoned judgment rule and the degree of proof should be the balance of probabilities. A workplace harassment, sexual harassment or violence at work investigation report must outline the conclusions reached by the investigator, along with the coherent and consistent evidence or reasoning on which those conclusions are based.

The minimum rules governing when an HR internal investigation may be ended should be set out in the Internal Regulations. For workplace harassment, sexual harassment or violence at work reports, the decision (finding merit to the reported incident or no merit to the reported incident) must be issued within 30 working days. The 30-working day period is calculated from the date of the filing of the full report as part of the investigation.

The decision should be communicated to the parties. Additionally, for workplace harassment, sexual harassment or violence at work reports the final investigation report along with all recommended disciplinary and protection measures should be sent by the 30th day. This 30-day period is calculated from the date of the filing of the full report to the reporter and sent to the Labour Bureau to approve within 30 working days. This 30-working day period is calculated from the date of delivery of the report. Once the investigation report is approved or the 30-working day period expires, an employer should implement the measures within 15 working days. Once an employer has approved the report or the 30-working day period has expired, the process will be considered to be concluded.

In general terms the rules set out in the Internal Regulations on the form the conclusion must take should be followed. For workplace harassment, sexual harassment or violence at work reports the investigation and the final investigation report need to be in writing and outline the coherent and consistent evidence or reasoning on which the conclusions are based and the severity of the unlawful acts confirmed.

The minimum contents for written workplace harassment, sexual harassment or violence at work reports are:

• identification of the employer;
• identification of the reporter;
• identification of the investigator, including whether the investigator was impartial or there was a change of investigator;
• protection measures and notices sent to the parties;
• identification of the information reviewed and interviews conducted (safeguarding the confidentiality of the participating individual);
• a summary of the incident reported;
• the declarations received and the assertions made by the parties;
• the conclusions reached by the investigator indicating whether the incidents reported are workplace harassment, sexual harassment or violence at work, along with all indications or coherent reasoning and consistent reasoning on which these conclusions are grounded;
• the systemic and individual corrective measures proposed; and
• pronouncement as to the severity of the circumstances and a proposal of disciplinary measures under the Internal Regulations.

The parties do have a right to receive information regarding the outcome of an HR internal investigation. Both the reporter (and the affected party if different from the reporter) and the respondent need to be informed of:

• the conclusions of the report;
• the proposed corrective measures; and
• the proposed disciplinary measures under the Internal Regulations being proposed to the Labour Bureau.

Additionally, in workplace harassment, sexual harassment or violence at work investigations, the parties will be clearly and promptly informed about matters or facts that may affect them, while respecting, in all cases, the necessary safeguards for the other parties involved. Furthermore, the company will inform the Labour Bureau about the status and progress of ongoing investigation procedures at the times specified in the Internal Regulations and upon request.

Workplace harassment, sexual harassment or violence at work reports and the supporting documents need to be submitted to the Labour Bureau for approval.

Apart from the reporter, the affected party and the respondent, there are no other parties to whom information about the conclusion of an HR internal investigation is typically communicated.

Disciplinary measures may be taken in line with the law and the Internal Regulations. The typical disciplinary measures recognised by law are:

• warnings (such as a verbal or written reprimand, which may be included in the copy sent to the Labour Bureau);
• fines (of up to 25% of the daily wage of the employee);
• suspension (which is unlawful in Chile without the written consent of the employee); and
• the termination of the employment contract for cause by the employer. The specific ground of termination will depend on the infringements detected in each case.

It is typical for employers to take other types of measures whether or not the allegations are substantiated, following an HR internal investigation. For workplace harassment, sexual harassment or violence at work it is mandatory to include a reference to the proposed measures to be taken in the final investigation report.

An employer is allowed to collect personal data for the purposes of an HR internal investigation. Under Law No 19,628, data subjects should be duly informed about the purposes for which their personal data is intended to be used by the time of their collection and the treatment of personal data should be expressly authorised in writing or by the law. Personal information may be used exclusively for the purposes employees have been told about and approved.

Article 154 bis of the Labour Code states that an employer must keep an employee’s information and personal data it had access to because of the employment relationship confidential. Additionally, workplace harassment, sexual harassment or violence at work investigations will be conducted confidentially.

The treatment of personal data should be expressly authorised in writing by the employee. The employee must acknowledge what the personal data is to be used for once they have been informed by the employer.

None of the parties have a right to access personal data collected in the context of an HR internal investigation. That being said, the confidentiality of the investigation may be used as an excuse to access.

There is no definition of “whistle-blower” in the Labour Code. However, reference is made to the “reporter” who will, most of the time, correspond to the affected party, but may not.

Whistle-blower protection may be assessed in terms of the process, the respondent and the employer.

In terms of the process, the reporter will provide evidence and become a party to the investigation process.

In terms of the respondent, in the context of an investigation process concerning sexual harassment, workplace harassment or violence at work, the employer must take the necessary measures to ensure that the reporter, victim or witnesses are not revictimised and are protected from retaliation. While there is no explicit protection for other types of internal complaints, any measure adopted by the employer must be necessary, suitable, and proportional to a legitimate purpose, which could lead to sanctions if it is proven that the measure was taken solely because of a complaint.

In terms of the employer, they are prohibited from retaliating against employees for filing complaints or pursuing legal actions, for their participation in the proceedings as witnesses or being offered to be witnesses in the proceedings, or as a consequence of the oversight duties of the Labour Bureau.

The Labour Code includes specific regulations on the prevention, investigation and sanctioning of workplace harassment, sexual harassment or violence at work. The regulations are aimed at ensuring a work environment free from the specific risks associated with these behaviours.

Sexual harassment in the workplace is understood to occur when a person makes inappropriate sexual advances, through any means, that are not consented to by the recipient and that threaten or harm their employment situation or opportunities. It is a broad concept that encompasses any act or omission that meets the elements of the definition. The behaviour must occur between employees, regardless of the relationship between them, with the employer being considered complicit when they are aware of the behaviour but fail to intervene. It can also occur between employees of principal companies and contractor companies.

Workplace violence refers to behaviours that affect workers in the context of providing services, carried out by clients, suppliers or users, among others. This type of violence affects workers at the hands of third parties. In 2024, Law 21,675 was enacted, establishing measures to prevent, sanction, and eradicate violence against women on the basis of gender. Violence is understood to encompass any action, omission, or behaviour based on gender motives that causes physical, sexual, psychological, economic, or any other type of harm or suffering to a woman, whether in the public or private sphere.

The Chilean Constitution forbids any form of discrimination of any person on criteria other than on personal skills or capability grounds. Furthermore, Section 19(4) guarantees the protection of the right to private and public life and the honour of an individual and their family.

Section 2 of the Labour Code states that exclusions or preferences (with the purpose of annulling or altering equal opportunities or treatment in employment) based on race, colour, sex, gender, maternity, breastfeeding, nursing, age, marital status, union membership or participation in union organisations, religious affiliation, political opinions, nationality, national ancestry, socio-economic status, language, beliefs, sexual orientation, gender identity, family affiliation, personal appearance, illness or disability or social origin are illegal.

Furthermore, employment offers made by an employer, directly or through a third party and by any means, that state as an application requirement any of these conditions will be deemed to be acts of discrimination.

The Labour Code also establishes a judicial mechanism that allows employees to bring an action against their employer whenever there is a breach of their fundamental rights during the employment relationship or when terminating the employment relationship.

In terms of harassment, the Labour Code protects employees from sexual and workplace harassment and protection from violence at work from third parties. Employers will be able to lawfully terminate the employment of employees found to have committed any of these acts without having to provide severance pay to them.

An employer will guarantee employees a harassment-free workplace. Workplace harassment is prohibited and is understood to constitute any behaviour that constitutes aggression or harassment carried out by the employer or one or more employees against another or other employees, by any means, whether it occurs once or repeatedly, and that results in harm, mistreatment, or humiliation for the affected party or parties, or that threatens or damages their employment situation or opportunities. The behaviour must occur between employees, regardless of the relationship between them and the employer will be considered complicit when they are aware of the behaviour but fail to intervene.

Harassment can also occur between employees of principal companies and contractor companies and the employer will be considered complicit when they are aware of the behaviour but fail to intervene in these circumstances as well.

Employers do not have a general duty to report potential criminal acts. Furthermore, reports about sexual harassment may only be initiated by the party affected.

However, in the event any act investigated could be considered as covering a potentially criminal incident, in certain scenarios an employer would need to report them especially when the investigation report is not sent to the Labour Bureau. The Labour Bureau has a specific duty to report potential criminal acts.

The employer must inform the reporter about the ways to report all conduct that may have criminal implications to the Labour Bureau where there is potential sexual harassment.

There are no legal rules on any special procedures an employer should follow in cases that are multi-jurisdictional. However, to the extent this matter is regulated in the Internal Regulations, any processes related to it must be followed.