The Assembly regulated workplace harassment, the right to disconnect prohibits forcing the worker to answer calls, chats or messages outside of working hours.
Every person has the right to work in an environment free of violence and workplace harassment, with the aim of encouraging this to be fulfilled, the National Assembly reformed the Labor Code and the Organic Law of Public Service, establishing sanctions for those who do not respect the right to disconnect from the workers.
The new Law for the Eradication of Violence and Harassment establishes sanctions for employers and co-workers who exercise the ‘mobbing’ or workplace harassment against any public or private employee.
Assaults can result in physical, psychological, sexual or economic harm against a worker, including gender harassment or for discriminatory reasons.
The law, in an effort to adapt to new realities, sanctions intimidation Through social networks and under any digital media; In addition, it punishes disrespect for the right to digital disconnection.
Disrespect of the worker’s rest time is considered workplace violence and harassment; after working hours, it is prohibited force the person to answer calls, chat messages or emails.
It is also not allowed disrespect your leave time and vacations, as well as your personal and family privacy.
The change of occupation without express and written authorization of the worker will also be sanctioned, it constitutes psychological violence and patrimonial in the event that this change implies a reduction in remuneration.
The law not only sanctions harassment against official employees of a company or institution, but it must also respect people in the world of work in training, such as internsapprentices and volunteers.
Anyone who harasses or violates a person who was previously fired, job seekers, job applicants, and outsourced workers can even be punished.
Report of the case
If a worker believes that his employer or a colleague has mistreated him, humiliatedthreatened, attacked, marginalized or forced to resign, whether once or repeatedly, may report the case to the Ministry of Labor.
While the case is being investigated, the complainant cannot be forced to resignr, nor to terminate the employment relationship, in case this occurs, the action taken will be considered null; Nor can the person be publicly exposed.
Sanctions for harassment
Since the reform of the Labor Code of 2015, sanctions for workplace violence or harassment have been established; If this is applied by the employer, the aggravation of compensation of untimely dismissal.
In addition, there will be added a additional compensation equal to twelve remunerations similar to the last remuneration received by the worker.
Taking into account that harassment also occurs between colleagues, the employer’s obligation is established to be aware of and stop any type of behavior of this type; since the sanctions can go beyond the workplace and be investigated civilly or criminally.
Furthermore, in cases of proven workplace violence and harassment, the Labor Inspector must issue pecuniary sanctions against the employer, and must also provide support and reparation measures, such as public apologies who committed the behavior.
It is prohibited to bring work home
Along with the connectivity capacity that people now have, for Assembly member José Luis Vallejo (Citizen Revolution) abuses also came, which is why the National Assembly focused on legislating to prevent the use of social networks and digital systems from violating the workers’ right to rest.
“Under the pretext that there is a permanent connection, you cannot continue asking for tasks or work indefinitely, working hours must be respected, because it becomes the equivalent of taking work home,” the legislator pointed out.
For assembly member María Teresa Pasquel, rapporteur of the law, it was also important to legislate in favor of those who, not being in roles, are often more vulnerable to suffering harassment, such as interns at a company or institution.