We remind you that on November 25, 2020, the Ministry of Labor issued the Ministerial Decree that regulates the process of reporting cases of discrimination, workplace harassment and all forms of violence against women in the workplace.
The Decree stipulates the obligation of all employers to have a “Protocol for the prevention and handling of cases of discrimination, workplace harassment and all forms of violence against women in the workplace” until January 25.
Among other things, the protocol must include the following provisions:
- Mechanisms to address cases of discrimination, workplace harassment and violence at work by seeking protection, confidentiality, impartiality, and restitution of the victims in the process.
- A process for the investigation of cases of discrimination, workplace harassment and violence at work, which shall include ways of receiving complaints, the entity in charge of conducting the investigation, establishment of its occurrence and the application of penalties in accordance with the Internal Labor Regulations, even as grounds for requesting approval for dismissal (visto bueno).
- Support measures for the total reestablishment and performance of work of those who are victims of discrimination, workplace harassment or violence.
- Policies that promote a good work environment and that seek to prevent discriminatory treatment, workplace harassment and all forms of violence against women in the workplace. Workshops and campaigns on issues related to the prevention of discrimination, workplace harassment and all forms of violence against women in the workplace are included as part of the prevention measures.
If employers do not implement this protocol, they may be penalized by the Ministry of Labor.
Contact our Labor Team to advise you on the implementation of this protocol.
Editorial Board
