▷ When is it considered that there is workplace harassment in Chile?

Workplace bullying is a harassing conduct occurs frequently and systematically in any work environment being usual in every society and in Chilean society is no exception.

On many occasions, these behaviors become tolerated and normalized as part of the work environment, without even being fully aware of the negative consequences for the victim and your work environment.

For the victim, this harassing behavior generates tension, stress and depression, among other effects, causing their physical and emotional instability.

In addition, a negative impact is also generated internally in companies if the conduct is not controlled in time, since that affects cooperation in work teams, a situation that is reflected in performance and efficiency labor.

Therefore, learn to recognize when it happens an act of workplace harassment is important both for the worker and for the companies, this being the first step to create preventive behavior workplace harassment in Chilean society.

But, When is it considered that there is workplace harassment in Chile? Chilean labor legislation, enacted in 2012 the entry into force of Law No. 20,607, which modifies the Labor Code to recognize and sanction workplace harassment practices in the country, typifying it as an act that attacks dignity human.

Legal definition of workplace harassment in Chile.

This negative behavior is typified in the decree in Law No. 20,607 which modifies the article 2 of the Labor Code, which expresses the following verbatim:

Likewise, workplace harassment is contrary to the dignity of the person, understood as any conduct that constitutes repeated aggression or harassment, exercised by the employee.
employer or by one or more workers, against another or other workers, for
any means, and that has as a result for the affected person(s) their impairment,
mistreatment or humiliation, or that threatens or harms their employment situation or their
job opportunities."

Elements of workplace harassment in Chilean legislation

Under the legal context of article 2 of the Chilean labor legislation, the following elements that are present in these harmful behaviors can be extracted.

The conduct:

When the law statesany conduct", make reference to any direct or indirect behaviorthat, through any verbal, written, gestural, symbolic means or by physical contact harm the victim.

Repeated aggression or harassment:

For conduct to be considered workplace harassment, it must occur frequently and systematically as time passes, therefore, an isolated or eventual event cannot be classified as an act of workplace harassment; however, each incident must be reported.

The perpetrator or harasser:

is the person thatengage in harassing behavior, which may be the employer or other co-workers, with the sole purpose of harming the victim.

The victim or affected:

Is the injured worker for workplace harassment behavior that regardless of the degree of aggression affects their emotional or physical integrity.

The damaging effect:

constitutes any ill-intentioned act that violates the personal and professional dignity of the victim, such as offenses, humiliation, intimidation, threats, mistreatment or any other act that undermines their integrity.

How to report an act of workplace harassment in Chile?

If you are suffering from workplace harassment and you find yourself working in Chile, you can report your case before several instances; You must first notify your case to the company in writing, if they do not take action on the matter, you can file a complaint with the Labor Inspectorate and ultimately before a labor court.

The first step is to notify your case in writing to the management or human resources office where you work., exposing the data of the harasser, your personal data and the details of your case of harassment.

If you have witnesses to support your case, you must mention it, as well as medical or psychological records of the damage caused, if any.

If the company does not take corrective measures, it files a complaint with the Labor Inspectorate closest to your jurisdiction, notify your case of workplace harassment so that they can carry out the respective follow-up.

in a last resort Once the respective complaints have been made in the previous entities, you can report your case to a Labor Court, this will be in charge of reviewing it and if necessary, they will request your file from the Labor Inspectorate; To proceed before this instance it is necessary that you seek advice and legal representation from an attorney.

“It should be noted that even though an act of workplace harassment must occur frequently and systematically to be considered as such, it does not mean that an act isolated should not be reported, because each report helps to create the record of incidents of the fact, which favors the verification of the case of workplace harassment of the victim".