NEW PROVISIONS ON WORKPLACE VIOLENCE AND HARASSMENT

On May 16, 2024, the “Organic Reformatory Law for the Eradication of Violence and Harassment in all Work Modalities” was published in Official Supplement 558.

1. Definition of Workplace Violence and Harassment
   
   The new law expands the definition of workplace harassment to include violence in the workplace.
   
   Workplace violence and harassment shall be understood as the following behaviors that occur either once or repeatedly in the workplace or at any given moment, against or among the protected individuals:
   
   
   • • Threats, gender-based violence, or harassment for discriminatory reasons.
       
       
     • Behaviors that undermine a person’s dignity.
       
       
     • No digital disconnection.
       
       
     • Disregard for the worker’s rest time, leave, and/or vacations.
       
       
     • Violations of personal and family privacy.
       
       
     • Changing job roles without the worker’s authorization.
       
       
     • Reduction of remuneration.
       
       
2. Potential Consequences of Workplace Violence and Harassment
   
   

   Workplace violence and harassment results or may result in:
   
   

   • Physical, psychological, sexual, economic, political, symbolic, or digital harm to the victim.
     
     
   • Undermining, mistreatment, humiliation.
     
     
   • Threat or prejudice to acquired and obligated rights.
     
     
   • Marginalization, resignation, or abandonment of the job position.
     
     
3. Protected Individuals
   
   

   The reform to the definition of workplace harassment not only protects workers under an employment contract but also protects individuals who do not have an employment relationship, such as interns, apprentices, former workers, volunteers, applicants, outsourced workers, among others.

   
   
4. Powers of the Labor Inspectors
   
   
   1. Imposition of pecuniary sanctions.
      
      
   2. Request for public apologies.
      
      
   3. Establishment of protective measures for complainants, victims, witnesses, or informants.
      
      
   4. Provide for reparation measures against the victims.
      
      
5. Obligation of the Ministry of Labor
   
   Issue the corresponding regulation within a period of 180 days.

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This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.