May 09, 2024

New Rules on Workplace Harassment and the Right to Disconnect

Internal publications

Labor

The National Assembly has approved the Organic Reform Law for the Eradication of All Workplace Violence and Harassment. This reform law will come into effect once it is published in the Official Gazette, and its main provisions are:

 

  • It changes the definition of workplace harassment and includes violence in the workplace as an integral part thereof. So, workplace harassment and violence will be understood to be behaviors against employees that: 
    • Constitute unacceptable behaviors and practices including threats, violence, and gender-based or discriminatory harassment.
    • Occur once or repeatedly.
    • Cause or may cause physical, psychological, sexual, economic, political, symbolic or digital harm.

 

  • Occupational harassment and violence is also understood as:
    • A lack of digital disconnection, disregard for the employee’s rest time, leave and vacation time, and disregard for the employee’s personal and family privacy.
    • A change of role without the express and written authorization of the employee.
    • A pay cut is considered psychological and patrimonial violence.

 

  • Conduct that is reported as workplace harassment and violence will be assessed by work inspectors who may do the following:
    • Impose fines.
    • Order reparation for victims.
    • Order public apologies.
    • Establish protective measures for complainants, victims, witnesses or whistleblowers.  

 

  • Protection against workplace harassment and violence includes all individuals who have any relationship with employers, such as trainees, interns, apprentices, former employees, volunteers, job seekers, job applicants, etc.

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