The law establishes specific protocols and measures to guarantee safe work environments for workers in applying ILO Convention No. 190 guidelines.

It requires treatment free of violence and compatible with the dignity of the person and a gender perspective in labour relations, eradicating discrimination. 

The definition of harassment in the workplace is amended to include aggressive or harassing behaviour committed even once (and no longer necessarily repeated over time to be considered harassment).

It provides specific mechanisms for harassment victims to report incidents and receive support and penalties for harassers and companies failing to take adequate measures to protect their employees. The procedures for investigating sexual harassment, labour harassment, and workplace violence shall be covered by confidentiality, celerity, and impartiality from a gender perspective. 

The Labor Board has 30 days to communicate its opinion on the conclusion of the investigation, and the employee dismissed for such conduct shall bear the burden of proof and may challenge the decision by presenting the necessary evidence to disprove the facts.

The employer must inform employees of the channels available to them every six months to lodge complaints.

Moreover, employers not obliged to draw up internal regulations must also inform employees of the prevention protocol, procedure, and sanction when signing the employment contract, which must also be included in the Health and Safety Regulations required by the Labor Accident and Professional Diseases Insurance Law.

Finally, the law reinforces the role of the Labour Directorate (DT) in investigation procedures to provide guarantees to the complainants.

You can find more news on combating harassment in the workplace here.