▷ When is workplace harassment considered in Mexico?

Workplace bullying is conduct harassment that violates the human integrity of the worker, being the work environment one of the places where this type of harassment is usually more frequent and that is that no societyeven Mexico escapes from this harsh reality.

Most of our time is spent at work, added to that, we have to share with people of different personalities who in some cases become our own executioners.

Many times these behaviors are tolerated and normalized of harassment as a normal part of daily events in the work environment and that what initially begins as a discrepancy always becomes frequent and systematic bullying, generating workplace harassment.

Little by little we turn victims of a workplace stalker, Causing us stress stress, fear,depression, insomnia, among many other consequences.

Mexican labor law condemns these hostile behaviors at work; However, as mexican society we have a long way to go Learn to create preventive behavior against workplace harassment.

But, When is it considered that there is workplace harassment in Mexico? learning to know when harassing behavior is considered as such is essential to prevent it.

For this reason, in this post, we will explain in detail under what circumstances a harassing conduct is considered Workplace Harassment,from the point of view of Mexican labor law.

What is workplace bullying?

In order to understand what is workplace harassment in Mexico it is necessary to start from its own definition.

In workplace bullying, it is a behavior of harassment committed towards a worker frequently and systematically violating their right to human integration, causing the victim negative consequences on their emotional and psychological state.

This behavior can be generated by different means and forms, from labor exploitation,discrimination, threats, defamation, among others; that can go from verbal aggression such as insults, to even more serious aggressions such as blows and sexual assault.

Either way, it's ill-intentioned behavior with the sole purpose of humiliating or intimidating the victim.

Workplace harassment in Mexico according to the Federal Labor Law

the mexican law in the Federal Labor Law updated in 2012 and in force to date, establishes in the second paragraph of art. (2) that all workers have the right to have their rights fully respected rights to human dignitywithout any kind of discrimination.

Therefore, any act contrary to this will be subject to sanctions.

However, it is art. (3) of this law who makes a more applicable extension of what these negative behaviors imply at work.

Although, it does not establish the term workplace harassment, if it refers to harassment and sexual harassment behaviors in the work environment, which expresses the following verbatim:

“For the purposes of this Law, it is understood as:
a) Harassment, the exercise of power in a relationship of real subordination of the victim against the
aggressor in the workplace, which is expressed in verbal or physical conduct or both; Y
b) Sexual harassment, a form of violence in which, although there is no subordination, there is an exercise
abuse of power that leads to a state of defenselessness and risk for the victim,
regardless of whether it is carried out in one or several events.”

Cancellation of employment contracts due to workplace harassment

Although the termination of employment relationships It is usually at the expiration of the contract, these can be canceled earlier than agreed for reasons of workplace harassment when the following assumptions occur:

They are null and void without liability of the employer according to art. (47) in the following case:

“The worker committing immoral acts or acts of harassment and/or sexual harassment against any
person in the establishment or place of work”

They are null and void without the responsibility of the worker according to art. (45) in the following case:

“Incurring the employer, his relatives or any of his representatives, within the service, in lack of probity or honesty, acts of violence, threats, insults, harassment and/or sexual harassment, mistreatment or other analogous, against the worker, spouse, parents, children or siblings.”

In this sense, as heemployer as well as the worker who acted as harasser or victimizer will be penalized, regardless of the level of frequency with which this behavior is repeated.

How to report workplace harassment in Mexico

The first step above all else is confront the aggressor establishing the limits in the work environment, if the harassment comes from any co-worker notify the companyto take the necessary corrective measures.

If the situation is not corrected, notifies to the Federal Attorney for the Defense of Labor (PROFEDET), they are to offer you orientation, as well as free legal advice and representation, Naps in a situation of discrimination, harassment and harassment at work, call the phone no. (01 800 911 7877), or send an email exposing your case to [email protected].