The protection against psychological harassment in the workplace under Chilean law

Abstract

This paper deals with psychological harassment in the workplace. It starts by referring to its defining features, and then focuses on the legal framework. Thus considered, psychological harassment takes the form of a behaviour detrimental of the worker’s fundamental rights. State agencies, confronting this particularly serious kind of injury, are under the obligation of enforcing their constitutional mandate of respecting and promoting fundamental rights. Given the fact that legislation has not been updated to make this enforcement possible, the paper explores alternative judicial courses of action that could provide protection, emphasizing compensatory protection schemes. Finally, it assesses the adequacy and sufficiency of these mechanisms in order to achieve full recognition of the fundamental rights affected.