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Sexual and Gender Violence and Legal Mechanisms of protection in Chilean Labor Law

Authors

  • Sergio Esteban Mundaca Castillo Universidad de Chile

Abstract

The following article is a review of Chilean labor law that searches for legal answers to sexual and gender violence suffered by people in the workplace context. Firstly, the concepts of sexual and gender violence are analyzed. Then, the mechanisms that the national labor law gives to deal with the violations are analyzed, exposing that they have a repressive rather than a dissuasive dimension. With that in mind, the mandatory contents of the Order, Hygiene and Safety Internal Regulation, dismissal by severe grounds, indirect dismissal, the labor protection procedure and the complaints before the Labor Inspection are reviewed. Finally, the effectiveness of those mechanisms in preventing the occurrence of sexual or gender violence, in sanctioning them and in protecting the rights of the person who suffered such violations will be reviewed.

Keywords:

Sexual violence, gender violence, worker protection, workplace harassment, equal remuneration

Author Biography

Sergio Esteban Mundaca Castillo, Universidad de Chile

Sergio Esteban Mundaca Castillo es abogado. Licenciado en Ciencias Jurídi-cas y Sociales de la Universidad de Chile. Su correo electrónico es sergiomundacc@ug.uchile.cl.