The Ministry of Labor issued Ministerial Decree No. 244 which establishes the obligation of employers to have a “Protocol for the prevention and handling of cases of discrimination, workplace harassment and/or all forms of violence against women in the workplace”. Below we present questions and answers to help you understand this obligation:
Should the protocol only focus on handling cases of violence against women, or should it be in general?
The Work Code establishes the obligation to implement training programs and policies geared towards identifying and preventing cases of workplace harassment in general. The protocol must include, in general, any case of harassment and any case of discrimination and puts a special focus on violence towards women in the workplace.
Is there any penalty for failing to implement the protocol?
Yes, the Ministry of Labor will carry out checks and can impose the penalties set out in the Code. We also remind you that the Work Code establishes a special and additional compensation if an employee obtains approval for dismissal based on grounds of workplace harassment, equivalent to 12 months’ remuneration.
Is it enough to create the protocol, or must any additional action be taken?
The protocol must be distributed to the employees. The regulation aims for employees to be familiarized with the reporting process and to apply it, as necessary.
How can the company prevent cases of workplace harassment?
The Ministerial Decree establishes measures which the employer must take to prevent these cases, such as regular training and awareness courses and particularly the distribution of the protocol for handling cases of workplace harassment.
When and how must the protocol be registered?
The employer should already have the protocol. The deadline was January 25, 2020. The protocol will form part of the psychosocial risk prevention program, and it will be renewed when it is time to renew the program.
What must the protocol contain?
The content of the protocol can be found in our publication of January 4, 2020 at the following link: https://www.pbplaw.com/es/ya-tiene-su-protocolo-de-prevencion-y-atencion-de-casos-de-discriminacion-acoso-laboral-y-violencia/
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