Workplace Harassment Complaint Form Chile (Aviso/Denuncia de Acoso Laboral)

The Workplace Harassment Complaint Form Chile (Aviso/Denuncia de Acoso Laboral) is the formal written instrument through which a worker in Chile notifies their employer or the Dirección del Trabajo of acts constituting workplace harassment (acoso laboral), sexual harassment (acoso sexual), or workplace violence (violencia en el trabajo), in compliance with Código del Trabajo Article 211-B and the landmark Ley 21.643 of 2024 — known nationwide as the Ley Karin, named after Karin Salgado, a public health nurse whose death in 2019 followed sustained workplace harassment.

Ley 21.643 entered into force on 1 August 2024, fundamentally reforming the legal framework for workplace harassment in Chile. The statute amended Articles 211-A through 211-E of the Código del Trabajo, introduced mandatory investigation protocols (protocolos de investigación) in companies of all sizes, eliminated the former 90-day limitation period for filing internal complaints, and created the new category of workplace violence from third parties (violencia de terceros) — covering aggression, threats, or abuse directed at workers by clients, users, or members of the public during the course of employment.

The Código del Trabajo Article 211-A defines acoso laboral as any conduct that constitutes aggression or harassment exerted by one or more persons against another or other workers, through acts, words, written communications, electronic means, or any other means, and that threatens or harms the dignity, integrity, or working conditions of the affected worker. Article 211-B establishes the employer's affirmative obligation to investigate every complaint received — this obligation applies to all employers regardless of the size of the enterprise, and cannot be waived by internal regulation or collective agreement.

For sexual harassment (acoso sexual), Article 2 inciso 2 of the Código del Trabajo provides the statutory definition: unwelcome conduct of a sexual nature that affects the employment, work performance, or working conditions of the person subject to such conduct. The Dirección del Trabajo — Chile's principal labour inspection authority, operating under the Ministerio del Trabajo y Previsión Social — has issued administrative guidance confirming that sexual harassment complaints follow the same investigation procedure as workplace harassment complaints under Articles 211-B through 211-E after the reform introduced by Ley 21.643.

Under the reformed Article 211-B of the Código del Trabajo, every employer must designate a responsible person (persona responsable) for receiving complaints and must establish written investigation procedures within their Reglamento Interno de Orden, Higiene y Seguridad (internal rules) prepared under Código del Trabajo Article 153. Companies with ten or more workers are required by law to maintain a Reglamento Interno. The Servicio Nacional de la Mujer y la Equidad de Género (SERNAMEG) and the Instituto Nacional de Derechos Humanos (INDH) are public bodies that provide support and guidance to harassment victims.

When the complainant does not trust the internal investigation channel or when the alleged harasser is the employer or a member of senior management, Article 211-B grants the worker the direct right to file the denuncia with the Inspección del Trabajo of the jurisdiction where the workplace is located. The Inspección del Trabajo must initiate an investigation within five business days of receiving the complaint and must complete the investigation within 30 business days, producing a written informe (report) with conclusions. The employer faces fines of 14 to 150 UTM (Unidades Tributarias Mensuales) for failure to comply with investigation obligations under Artículo 506 of the Código del Trabajo.

The Ley Karin 21.643/2024 introduced an additional obligation of immediate protective measures (medidas de resguardo inmediatas) that the employer must adopt upon receiving a complaint — these may include reassignment of duties, modification of working hours, transfer to another work location, or suspension with pay. The Corte de Apelaciones exercises supervision through the recurso de protección under Article 20 of the Constitución Política when fundamental rights including dignity (Article 19 No. 1), equality (Article 19 No. 2), or health (Article 19 No. 9) are threatened by harassment conduct.

A Workplace Harassment Complaint Form Chile is required any time a worker in Chile experiences, witnesses, or becomes aware of conduct that may constitute acoso laboral, acoso sexual, or violencia en el trabajo as defined in Código del Trabajo Articles 211-A and 211-B, amended by Ley 21.643/2024.

The complaint form is needed when a worker in any type of Chilean enterprise — whether a Sociedad por Acciones (SpA), Sociedad Anónima (SA) under Ley 18.046, Sociedad de Responsabilidad Limitada (SRL) under Ley 3.918, public institution, hospital, school, or municipality — is subjected to repeated or severe conduct that threatens their dignity, psychological integrity (integridad psíquica), or working conditions. Under the reformed Article 211-B, the obligation to receive and investigate complaints applies equally to all employers regardless of size.

The form is needed when a worker faces situations including: a supervisor who repeatedly humiliates, isolates, or threatens a subordinate; a colleague who sends harassing electronic messages through company platforms; a manager who conditions employment benefits on acceptance of sexual advances; aggressive behaviour from clients or service users that the employer has failed to address; or any pattern of conduct that creates an intimidating, hostile, or offensive work environment.

Under Ley 21.643/2024, the denuncia must be submitted as early as possible once the worker becomes aware of the conduct — the reformed law eliminated the prior 90-day limitation period for internal complaints, though workers should be aware that criminal complaints for workplace harassment-related offences (for example, under Article 297 of the Código Penal for sustained psychological abuse) retain statutory limitation periods. The complaint must be submitted to the designated responsible person (persona responsable) within the company or directly to the Inspección del Trabajo.

The form is also needed when a third party — a client, contractor, patient, student, or member of the public — directs harassment or violence against a worker during the performance of their duties. Ley 21.643/2024 created the express obligation for employers to protect workers from violencia de terceros and to investigate these situations through the same formal mechanism as internal harassment complaints.

When the accused person is the employer, a legal representative, or a senior officer of the company, the worker should submit the denuncia directly to the Inspección del Trabajo rather than through the internal channel, as Article 211-B preserves this right explicitly. Workers in the public sector may additionally file complaints with the Contraloría General de la República under its administrative investigation powers.

Third-party witnesses to harassment conduct may also use this form to submit an aviso (notice) rather than a formal denuncia — Ley 21.643/2024 distinguishes between an aviso submitted by a person with knowledge of harassment and a denuncia submitted by the victim, and both trigger the employer's obligation to investigate.

A valid Workplace Harassment Complaint Form Chile under Ley 21.643/2024 and Código del Trabajo Article 211-B must contain specific elements to trigger the employer's mandatory investigation obligation and to meet the procedural requirements of the Dirección del Trabajo.

Complainant Identification: Full name, RUT (Rol Único Tributario), position held, department or work unit, and contact information of the worker submitting the complaint or aviso. Under Ley 21.643/2024, the employer is strictly prohibited from retaliating against the complainant — Article 211-D of the Código del Trabajo establishes that filing a complaint is a protected act, and any subsequent adverse employment action may constitute a separate violation subject to fines of 14 to 150 UTM under Article 506 of the Código del Trabajo.

Accused Person's Identification: Full name, position, and relationship to the complainant (supervisor, peer, subordinate, third party). Where the accused is a third party such as a client or contractor, the form should include all available identifying information and the circumstances of the business relationship.

Type of Conduct: Classification of the conduct as acoso laboral (workplace harassment under CT Article 211-A), acoso sexual (sexual harassment under CT Article 2 inciso 2), violencia en el trabajo (workplace violence — physical or psychological threats or aggression), or violencia de terceros (third-party violence introduced by Ley 21.643/2024). Multiple types may be indicated if the conduct overlaps.

Factual Description: A detailed chronological account of the specific incidents — including dates, times, locations, exact words used, physical acts described, and the names of any witnesses (testigos) present. The Dirección del Trabajo investigation guidelines require that the informe de investigación address each described incident. Vague descriptions that lack specific dates and concrete facts may impair the investigation's ability to reach conclusions.

Evidence Inventory: A list of all available evidence submitted with the complaint — written communications (emails, WhatsApp messages, company platform messages), electronic records, audio or video recordings lawfully obtained, photographs, medical certificates from a Servicio de Urgencia or a physician documenting psychological or physical harm, and the names and contact details of witnesses.

Impact Statement: A description of the effect of the harassment on the complainant's working conditions, employment status, psychological or physical health, and job performance. This information supports the investigator's assessment of severity and informs any medidas de resguardo (protective measures) the employer must adopt immediately upon receiving the complaint under Ley 21.643/2024.

Requested Measures: Identification of any specific immediate protective measures the complainant requests — reassignment of duties, change of work schedule, transfer to another location, suspension of the accused, or other measures to prevent continued contact during the investigation.

Channel of Submission: Specification of whether the complaint is submitted through the internal company channel (to the persona responsable designated in the Reglamento Interno) or directly to the Inspección del Trabajo. Under Article 211-B, both channels are valid and carry equal legal weight.

Declaration and Signature: The complainant's signed declaration that the facts stated are true to the best of their knowledge, with the date and place of submission. The employer or responsible person receiving the complaint must provide a written acknowledgment of receipt (acuse de recibo) with the date and hour of reception — this timestamp starts the investigation clock: the employer must complete the internal investigation within 30 business days under Article 211-B, or within 30 business days for investigations conducted by the Inspección del Trabajo.

Forms-legal.com provides this Workplace Harassment Complaint Form Chile template as a practical tool for documenting harassment situations in compliance with Ley Karin 21.643/2024. Workers experiencing harassment should also consider consulting the SERNAMEG helpline (1455), the INDH, or a licensed Abogado to understand all available legal remedies including labour court claims under Article 489 of the Código del Trabajo for violation of fundamental rights (tutela laboral). Los usuarios de forms-legal.com pueden descargar este documento de forma gratuita en formato PDF o DOCX, completar los campos del formulario guiado y obtener un documento listo para firma.