Through Ministerial Agreement No. MDT-2025-102, the Ministry of Labor issued the Standard for the prevention and handling of all cases of discrimination, violence, and harassment in the workplace in the private sector. Below are the main provisions and changes introduced by the new agreement:
Application:
- The standard applies to cases of workplace discrimination, violence, and harassment that occur (i) during work; (ii) in connection with work; or (iii) as a result of work:
- In the workplace or outside of it.
- During work-related travel, trips, events, or social or training activities.
- In communications, including remote communication.
- Harassment, violence, or discrimination may be reported by individuals who, without being employees, provide services for or at the employer's facilities such as interns, volunteers, external service providers, etc.
General obligations of employers:
- Develop an Internal Protocol for the Prevention and Eradication of Discrimination, Violence and Harassment in the Workplace and a Psychosocial Risk Prevention Program; and manage the prevention of psychosocial risks.
- Employers with 10 or more workers: Implement the Psychosocial Risk Prevention Program.
- Justify the measures taken to the labor authority, in a documented manner.
Measures in the event of a complaint
- No direct or indirect retaliation for reporting a case of discrimination, violence, or harassment in the workplace.
- Ensure that a fair process is carried out.
- Criteria most favorable to the rights of the alleged victim.
- Guarantee the parties access to information on the status of the complaint.
- Physically separate the alleged aggressor and/or the alleged victim from the work environment when necessary.
Structure of the new protocol
The Ministerial Agreement containing the old protocol and its model is repealed, and the new protocol must contain at least the following key points:
- Prevention:
- Awareness and training.
- Zero tolerance policy.
- Identification and Detection of Cases:
- Definitions and examples.
- Identification of cases.
- Focus:
- Reporting, investigation, and sanctioning procedures.
- Protective measures.
- Corrective measures and measures to prevent recurrence.
- Follow-up and Evaluation:
- Monitoring of reported cases.
- Annual evaluation of the protocol.
Registration and approval of the protocol
- Employers must register the protocol in the Ministry of Labor’s computer system within up to 60 days from the issuance of the regulation, that is, by November 19, 2025.
- The protocol must be approved by the Regional Director of Labor.
- Once approved, the employer has 15 days to download it; after this time, it will be deleted from the system.
- The Ministry of Labor will subsequently monitor compliance with the content of the protocol.
- Failure to comply with the obligation to issue the protocol will be punished with a fine of between USD 200 and 20 times the consolidated basic salary.
Exceptions to digital disconnection
- The following cases are not considered non-compliance with digital disconnection:
- Employees in positions of trust or management positions.
- Situations of force majeure or acts of God.
- Situations that require extra duties of cooperation to ensure continuity of service or to resolve difficult or urgent situations.
- When there is express or tacit acceptance of a request to perform work activities outside of working hours.
Procedure for filing a complaint with the Ministry of Labor
- Workers still have the option of reporting cases of harassment and violence to the labor inspector, subject to the same requirements. They must do so in person.
- The mandatory conciliation phase is eliminated.
- The testimony of the alleged victim must be supported by other evidence.
- If the employer is not the accused party, they must prove that they were unaware of the facts and that they have adopted and implemented measures to prevent acts of discrimination, violence, or harassment in the workplace.
- The labor inspector will record the existence of acts of discrimination, violence, or harassment in the workplace.
- Approval: Once the commission of violence or harassment in the workplace has been determined, the worker or the employer may begin termination approval processes.
- Penalty: If it is proven that the employer failed to activate the Protocol, the employer may be fined between USD 200 and 20 times the consolidated basic salary.
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