NORM FOR THE PREVENTION AND HANDLING OF ALL CASES OF DISCRIMINATION, VIOLENCE, AND WORKPLACE HARASSMENT IN THE PRIVATE SECTOR

On September 4, the regulation for the prevention and handling of all cases of discrimination, violence, and workplace harassment in the private sector was published in the Official Register. The regulation’s main purpose is to establish prevention measures that employers and workers must implement, together with clear guidelines for addressing cases of discrimination, workplace harassment, and all types of violence that occur in the workplace.

Below, we set out the regulation’s most relevant points.

1. Scope of Application:

This policy applies to acts of discrimination, violence, and workplace harassment that occur in the following spaces:

1. On workplace premises.
   
   
2. Outside workplace facilities.
   
   
3. During work-related travel, trips, events, or social or training activities.
   
   
4. Within communications, including electronic communications.

2. Employee Responsibilities

The regulation imposes on employees the duty to report inappropriate behavior and actively contribute to preventing discrimination, violence, and harassment in the workplace.

3. Employer Responsibilities

Employers with more than ten workers must implement the psychosocial risk prevention program.

Additionally, all employers must prepare and enforce an Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Harassment in the Workplace.

The protocol must focus on the prevention, identification, and detection of cases; support; follow-up; and evaluation. Registration with the Ministry of Labor is mandatory. 

4. Specific for alleged victims

Where a complaint is lodged, the employer must take the following measures:

1. Ensure that there is no retaliation against the complainant.
   
   
2. Guarantee a fair process, applying the criteria most favorable to the rights of the alleged victim.
   
   
3. Ensure that the parties have access to information on the status of the complaint at any time.
   
   
4. If deemed necessary, physically separate the alleged aggressor and/or the alleged victim from the workplace.
   
   
5. Maintain confidentiality with third parties.

5. Prohibitions in Recruitment

During the selection process, it is prohibited to request pregnancy or HIV tests, CV with photographs, or any personal information unrelated to the role, such as marital status, criminal record, or trade union activities.

Similarly, it is prohibited to request information regarding to age, sex, ethnicity, gender identity, religion, or other factors deemed discriminatory. It is also prohibited to request private insurance policies for degenerative or catastrophic illnesses.

6. Exceptions to Digital Disconnection

Digital disconnection from work shall not apply in situations of force majeure or unforeseeable circumstances, or where employees hold positions of trust or management.

Furthermore, digital disconnection from work shall not apply if the worker expressly or tacitly accepts the request to perform work activities outside of working hours.

7. Complaint Procedure Before the Ministry of Labor

The regulations sets out the procedure that employees must follow to report harassment or discrimination. During this process, the employer must demonstrate that they have activated the Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Harassment in the Workplace, as well as the Psychosocial Risk Prevention Program; otherwise, penalties will be imposed.

8. Implementation Period

From August 22, 2025, employers have sixty (60) days to adapt their Psychosocial Risk Prevention Program and Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Harassment in the Workplace in line with the new requirements

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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.