Brazil: new provisions against violence in the workplace

Last September, Law No. 14.457/2022 introduced the “Employ + Women Program,” which sets forth a series of measures to promote the employment placement and retention of women in the labour market and actions to prevent and combat sexual harassment and other forms of violence in the workplace.
It also included the employer’s obligation to constitute a CIPA (now called “Internal Committee for Accident Prevention and Harassment”).

A new ordinance, issued in compliance with the law by the Ministry of Labour, entered into force in March 2023 and amended Brazil’s regulation on employers’ internal occupational health committee, the ‘CIPA.’

Employers that have a CIPA committee (as determined by the number of employees and business activity and the related health and safety risk levels) must adopt the following measures for preventing and combating sexual harassment and other forms of violence within the workplace:

- implement procedures for receiving complaints that ensure the anonymity of the whistleblower, investigation of the facts, and application of sanctions;

- provide training at least every 12 months on preventing harassment in the workplace on topics related to violence, harassment, equality, and diversity at work;

- set out internal rules of conduct regarding sexual harassment and other forms of violence to be spread to employees.

As those measures had to be implemented by 20 March 2023, it is essential for employers to verify to be compliant to avoid sanctions. Not compliant companies may be subject to administrative penalties in the event of labour inspections.

Also, employers that do not have a CIPA should consider their policies on sexual harassment and their internal procedure to develop and promote awareness and a healthy environment in the workplace.

It is crucial, especially considering that, over the past five years, the number of sexual harassment complaints lodged with the Public Ministry of Labour (MPT) in Brazil has increased by 63.7%.