Colombian legislation establishes workplace harassment as “All persistent and demonstrable behavior, exercised on an employee or worker by an immediate or mediated hierarchical employer, or superiorco -worker or subaltern, with the purpose of infusing fear, intimidation, terror or anguish; cause labor damage; generate demotivation at work; or induce the resignation of the same, ”explains Juan Manuel Insuasty, lawyer of the Scola Lawyers Labor and Social Security Unit.
The regulations that regulate this is composed of Law 1010 of 2006, which issued the beginning of the legal framework on workplace harassment in the country. Subsequently, new provisions such as Law 2209 of 2022 and Law 2365 of 2024 have been added, which together with resolutions 652 and 1356 of 2012, constitute the legal basis that establishes the guidelines and procedures to address workplace harassment in Colombia.
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By changing jobs for harassment, women tend to deterio their conditions.
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Legal consequences
The sanctions for those responsible for work harassment vary depending on the nature of behavior and the labor sector. Camilo Cuervo, a lawyer specializing in Labor Law and Social Security and Partner in Holland & Knight points out that in the private sector, the consequences for the aggressor may include pecuniary sanctions, As fines ranging from 2 to 10 current monthly legal minimum wages (SMLMV), as established in Law 2365 of 2024.
In this context, the stalker can also face the termination of the employment contract with just cause if the worker decides to resign due to the situation of harassment. The same way “The sanctions must be imposed by a labor judge, Who can order the payment of fines, the coverage of medical expenses derived from harassment or the payment of compensation for damage, ”says Cuervo.
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Regarding the public sector, it has more strict mechanisms, such as the imposition of serious disciplinary sanctions by the Attorney General’s Office, which may imply the dismissal or suspension of the aggressor. Although there is no specific criminal sanction for workplace harassment, if the situation is not resolved internally, The law provides that employees to go to the Ministry of Labor to present an administrative complaint. In addition, other entities such as the Ombudsman and Municipal Personerías can also serve as support channels for affected workers.
How to file a complaint
Although Colombian legislation has established various ways to denounce workplace harassment, one of the first measures to be taken is the use of the internal channels of the company. According to Camilo Cuervo, “workers may present their complaints or claims about workplace harassment before the coexistence committee of the company to which they belong.” This committee, Although it does not have the power to determine if there is effectively harassment, it has a preventive and conciliatory role, promoting the friendly resolution of conflicts.
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If the situation is not resolved internally, the law provides that workers can go to the Ministry of Labor to present an administrative complaint. In case a judicial process is required, Private sector workers can address an ordinary labor judge, while those in the public sector must go to the Attorney General’s Office. In addition, other entities such as the Ombudsman and Municipal Personerías can also serve as support channels for affected workers.
Protection mechanisms for victims
Victims of workplace harassment not only have at their disposal formal complaints, the law prohibitsfor example, the unilateral termination of the contract or the dismissal of the victim who has initiated a denunciation procedure within six months.
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In addition, It is established that a disciplinary process against the victim cannot be initiated, unless the complaint has been filed before a state entity. In addition to these preventive mechanisms, employers have the obligation to implement measures such as the obligation to include a specific chapter on workplace harassment in the internal work regulations and the implementation of awareness and prevention campaigns to promote an environment based on equality and respect.
Tatiana Alvira
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