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Employment & Labor

Fundamental Rights Violation Claims in Chile

Tutela laboral is the strongest tool in the Chilean Labor Code — built to stop a violation of your dignity, privacy or physical integrity at work, and to compensate it beyond ordinary severance.

What this involves

The tutela laboral procedure exists to protect constitutional rights that do not stop applying just because someone is at work: physical and psychological integrity, honor and privacy, freedom of conscience, and the right not to be discriminated against. It is faster than an ordinary labor claim, it lets a court order protective measures while the case is still pending, and it shifts the burden of proof to the employer once the employee has shown enough to raise a genuine question.

We bring these claims for employees facing hostile treatment, illegal surveillance, discrimination or retaliation for reporting wrongdoing, and we build the evidentiary record that makes the burden-shift actually work in the client's favor — because the underlying conduct is rarely documented by the person committing it.

What we handle

Integrity & dignity claims

Action where hostile treatment, isolation or degrading conduct in the workplace affects an employee's physical or mental health.

Privacy & honor violations

Claims over illegal surveillance cameras, searches of personal belongings, or conduct that damages an employee's reputation.

Discrimination claims

Action for dismissal or exclusion based on health, disability, political opinion, religion or other protected grounds under the Chilean Constitution.

Retaliation for reporting

Representing employees punished for filing a complaint with the Labor Inspectorate or otherwise exercising their legal rights.

Protective measures

Requesting immediate court-ordered measures — separation from the person responsible, suspension of the harmful conduct — while the case proceeds.

How we run this for a client abroad

01

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

02

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

03

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

Fundamental Rights Violation Claims — common questions

What English-speaking clients ask us most about this specific service.

What is tutela laboral and how is it different from a regular labor claim?
It is a special, faster procedure built specifically to protect constitutional rights — physical and psychological integrity, honor, privacy, non-discrimination — when they are violated in a workplace setting. It allows a court to order immediate protective measures while the case is pending, and it carries its own additional compensation on top of any ordinary dismissal claim.
Who has to prove what in a tutela laboral case?
The employee has to present sufficient circumstantial evidence pointing to a violation; once that threshold is met, the burden shifts to the employer to prove its conduct was lawful and unrelated to the alleged violation. Because the conduct itself is often hidden, building that initial body of evidence is the most important part of the case.
What compensation can I get beyond severance?
Where a court finds a fundamental right was violated in connection with a dismissal, it can order an additional indemnity of six to eleven months' remuneration on top of whatever severance the dismissal itself triggers. Where the violation occurs without a dismissal, the court can order the conduct to stop and award compensation directly.
What kinds of conduct does this cover?
Hostile or degrading treatment that affects physical or mental health, illegal surveillance or searches of personal belongings, discrimination based on health, disability, political or religious views, and retaliation against an employee for reporting irregularities or exercising labor rights. Sexual harassment and Ley Karin workplace harassment claims can also be brought within this same action.

Talk to a Chilean lawyer about a fundamental rights violation at work

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
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