Claims and Complaints

The following describes the procedures that must be followed by members, workers, volunteers, practitioners, users and other collaborators of the Association OTD Chile “Organizing Trans Diversities”, in case of having a claim, complaint or other message of a similar nature that the person considers that cannot channel in another way.

 

What is a claim?

These are those disagreements that people present with the actions, documents, services or services that OTD, in any of its functional units, has granted them. In summary, these are complaints against the form or performance of services that have not been satisfactorily met for people who have been related to OTD in any of their activities.

What is a complaint

It is the declaration made by a person before representatives or officials of OTD, who act as recipients of the same, to make known a fact or an omission that is presumed to be contrary to the internal rules of the association or laws of the country in force.

Members

Any OTD company can address the board of the association or replacement body. By email or letter written on paper sent to all the people who make up the directive or replacement body. If there is no solution on the part of the directive or replacement body or if the problem is with more than one of the people who make up the replacement directive or body, the company can appeal to the general assembly, communicating with at least 6 members. to call for an extraordinary assembly where the problem must be solved.

Members with positions in the board or replacement body: you should contact the rest of the board or replacement body by email or paper letter. In the event that the problem is with more than one of the people of the board or replacement body, you can appeal to the assembly in general, by contacting at least 6 members to make an extraordinary assembly call where the problem must be resolved.

In the event that the claim or complaint violates any of the articles contemplated in the statute of the association, the company must go to the Ethics Commission of the assembly of members.

Workers

Non-coordinating worker: you should contact your Unit Coordinator or direct headquarters by email or paper letter. If the problem is with your Unit Coordinator or direct headquarters, you should go directly to the Executive Coordination. If your direct headquarters is the Executive Coordination, you should go directly to the board or replacement body.

Unit Coordinator: you should go directly to the Executive Coordination by email or paper letter. If the problem is with the Executive Coordination, you should go directly to the board or replacement body.

Executive Coordination: you should go to the board or replacement body via email or paper letter. If the problem is with more than one person of the board or replacement body, you should contact 6 members of the assembly who must call an extraordinary assembly and solve the problem.

Any claim or complaint related to the violation of the labor code must be reported to the Labor Inspectorate. And the Association must take the measures dictated by the Inspection.

Practitioners

Every practitioner must be registered in a work unit or will be assigned a position that is directly supervised. Your claims or complaints must follow the same path of a non-coordinating worker. 

Volunteers

All volunteers must be registered in a work unit or they will be assigned a position that is their direct supervisor. Your claims or complaints must follow the same path of a non-coordinating worker.

Usuaries

Any user of OTD Chile can file a complaint, complaint or similar message by contacting the Executive Coordination directly by email or paper letter. If the problem is with the Executive Coordination, you should go directly to the board or replacement body.

Other collaborators

Any collaborator of OTD Chile, who is not considered in the previous categories, can submit a complaint, complaint or similar message by contacting the Executive Coordination directly by email or paper letter. If the problem is with the Executive Coordination, you should go directly to the board or replacement body.

How the claim should be submitted

The only valid means of submitting a complaint to the OTD Chile Association are email, paper letter or filling out an online form available on the association’s website. In any case, in any claim, the person making the claim and an email or address must be identified in order to communicate with it and the background supporting the claim.

The complainant must submit their claim or form in writing, people who present difficulties in meeting this writing requirement or require assistance for reasons of functional diversity (or disability) may request to perform the process orally and in person, in which case The Association will have a person in charge of recording and transcribing the claim. A second option is that the complainant has the support of third parties during the process and those who do not have a person to do so must inform them and the Association will have one that will accompany the entire complaint process. The Association must notify the claimant of the receipt of their claim, together with informing the Unit and the Coordinator Board of the situation about the possible failure or deficiency in the service provided.

Given this situation, the Unit and the Coordinators’ Table must agree with the directly superior instance on a possible improvement so that the situation does not happen again. In this instance of discussion the counterpart that claims must be present, in case you cannot attend, you will be informed of the main points of this discussion by sending you a written document.

Once the decision on a possible change has been made, it must be informed to the complainant in writing, depending on the seriousness of this fault, it may be advisable to also inform through social networks as a way to demonstrate the spirit of improvement of the organization.

The claim may be closed once the change measure to the claimant is informed in writing.

In case it is not possible to establish a change that addresses the failure or deficiency in the service, the reasons for this must be clearly explained to the complainant and at the same time thank their criticism.

How a complaint should be filed

The only valid means to file a complaint with the OTD Chile Association are email, paper letter or filling out an online form available on the association’s website. In any case, in any complaint you must identify the person making the claim and an email or address to be able to communicate with it and the background supporting the complaint.

The complainant must submit their complaint or form in writing, people who present difficulties in meeting this requirement of writing or require assistance for reasons of functional diversity (or disability) may request to perform the process orally and in person, in which case The Association will have a person in charge of recording and transcribing the complaint. This person must be a trusted person for the complainant. A second option is that the complainant has the support of third parties during the process, those who do not have an auxiliary person to do so must inform them and the Association will have one that will accompany the entire complaint process.

The Association must notify the complainant of the receipt of their complaint, and will receive from the Association an information explaining the steps to be followed for the rest of the process and a means of consultation. This informative must include the real attributions and possibilities of the association that may derive from the complaint, in order to adjust the expectations of both parties.

Upon receipt of the complaint, the counterpart to which the complaint is directed has 48 hours to issue its own written report that explains its version of the facts and responds to the complaint. Once received by the Association, you will also be notified of the steps to be followed for the rest of the process and the means to which you can direct your inquiries.

In the case of complaints that imply a crime against the physical and / or psychological integrity of one or more persons, this complaint must be transferred to the corresponding authorities (Prosecutor’s Office, PDI, Police).

After receiving both stories, both parties must present to the investigator in charge possibilities of evidence to support their complaint or defense, such as written witness accounts, written documents, audio recordings, video recordings, screenshots. , emails, conversations in social networks, verification of injuries, medical, psychological and other certificates that you consider relevant for your claim or complaint.

The association can also make its own inquiries to clarify the information, outside the options offered by both parties. In the event that the participation of the complainant is suspended from the activities of the Association, the participation of the complainant must also be suspended until the complaint process ends.

The complaint processes received by the Association must be informed to all the Coordinators and members of the Assembly in the same written communication. It will be the responsibility of each Coordination to inform volunteers, staff, collaborators, workers and users of this complaint and the process.

In cases of reporting for abuse and / or sexual harassment , the complaint processes accepted by the Association must be reported to all the Coordinators, members of the Assembly, current work teams, staff, volunteers and users. Along with this, all the functions of the denounced person must be frozen indefinitely, as a way to actively protect both parties. The denounced party may not participate in any other activity of the association, national or international, either as a volunteer, as a user or as a representation of the association.

It will be the responsibility of the person reported to report their inability to attend or participate in activities previously committed and / or delegate their duties to another person.

In the event that both parties do not have any evidence of what happened, the association can only offer information about institutional channels to make a complaint, together with an instance of mediation between those involved in the facts, as long as it is accepted by the parties involved by signing a mediation agreement. This agreement must make clear from the beginning what the true powers of mediation are and adjust the expectations of the complainant.

This mediation agreement cannot require the signing of clauses considered abusive, such as confidentiality or similar clauses that limit their freedom of expression and information about the process.

To finalize a complaint process, the association must inform both parties in writing and equally about the end of the process and the measures taken from it. It must also issue an internal statement with an explanation of the initial complaint, the measures carried out during the process and its conclusions, and send it equally to Coordinators, members of the Assembly, volunteers, staff, workers and users.

Resolutions and deadlines

Every person responsible for receiving and processing a claim or complaint has a period of 20 business days to give a formal response to the complainant and a proposed solution. The response must be delivered via email or certified letter to the address indicated by the complainant / complainant and the person giving the answer with their name, surname, position and a contact email must be clearly identified.

In case the problem is not resolved at the first level in which it is denounced, the claim / complaint will escalate to the next level and thus to the maximum level that is the extraordinary assembly of members.

In the event that the solution to a problem must be voted on in the directive or replacement body, as well as in an extraordinary assembly of members, only votes in favor or against will be accepted, not abstentions.

All members, workers, practitioners, volunteers, users and other collaborators of OTD Chile, undertake to respect this flow, disseminate it and ensure its correct application whenever a person requires it to apply.