▷ What are the fines and penalties for workplace harassment?

workplace bullying It is such a common practice in the work environment that the laws of different countries have seen the need to fine and punish are behaviors to safeguard the rights to human integrity of workers.

In some cases, these practices are tolerated as a normal part of daily life in the work environment, many Sometimes out of fear and ignorance of our essential rights to human integrity, both inside and outside the job; and Regardless of who our aggressor is, whether a co-worker or even our own boss.

Thus, Any practice of workplace harassment must be reported The law guarantees the rights of victims of workplace harassment, sanctioning and fining these practices in the work environment.

But, What are the fines and penalties for workplace harassment? even if theLabor laws are different in each country., each one establishes fines and penalties for these behaviors and avoid possible incidents.

That is why, in this post we will dedicate ourselves to explaining the fines and penalties for workplace harassmentin the labor laws of Chile and Mexico.

What is workplace bullying?

First of all, we must understand that workplace bullying is a behavior of frequent and systematic harassment how attentive against the personal and professional integrity of a worker, affecting him emotionally and physically.

These behaviors can involve labor exploitation, discrimination, physical abuse such as beatings and sexual assault, among many other forms of intimidation towards the worker.

Fines and sanctions for workplace harassment in Chile.

In Chile since 2012 it was established in the Work code the regulatory and sanctioning regulations for acts of workplace harassment occurred in the country through Law No. 20,607, which it considers as a practice contrary to the rights of human integrity of the people.

in which, yesIf a worker feels victim of workplace harassment must first notify the company in writing, if the company does not take the necessary corrective measures it must notify theWork inspectionto start the investigation process.

The Labor Inspectorate will determine the labor indemnities that correspond to the victim, according to the degree of seriousness of the labor harassment suffered.

Sanctions according to the labor legislation of the Labor Code:

If the person who commits workplace harassment is the employer, the worker can annul the contract and go to the Labor Inspection or court closest to his jurisdiction within 60 business days, counted from the date of his self-dismissal.

These entities will determine the respective compensation, according to the terms contained in the individual or collective contract, as the case may be; o 30 days for each year of service with a limit of up to 11 years.

Compensation can be increased up to 80% depending on the cause of workplace harassment, plus the month of prior notice and other compensation to which the worker may be entitled.

In the event that it is the worker who commits the act of workplace harassment, the employer can fire the worker when his status as a harasser has been proven, without any right to receive compensation for years of service worked nor compensation for prior notice; since the law contemplates workplace harassment as a cause for dismissal justified according to it (Art.160, Numeral 1) of the Labor Code.

If the worker falsely reports the cause of workplace harassment to justify his self-dismissal and discredit the honesty of the defendant, the Labor Inspectorate or The court will declare your claim unfounded and will order the payment of compensation for defamation; among other legal actions as the case may be.

In any of these cases, it will be the Labor Inspectorate and the respective courts who will determine whether the harasser incurs or not in any other fine or legal sanction in addition to those contemplated in the Code of Job.

Fines and penalties for workplace harassment in Mexico

In Mexico according to The Federal Labor Law updated in 2012 and in force to date, the following practices are fined and sanctioned:

When the emperor is the stalker, if he commits any act of harassment or sexual harassment against any person in the workplace, as well as allow or tolerate acts of harassment or sexual harassment in the workplace, as provided in art. 133 literals XII and XIII.

When the harasser is a worker, the worker will be punished if he sexually harasses anyone or performs immoral acts, according to the provisions of art. 135 literals XI.

Fines for workplace harassment according to the Federal Labor Law for the harasser or the company that tolerates these acts of harassment or sexual harassment in the workplace, will be for the equivalent to 250 to 5,000 times the general minimum wage depending on the severity of the case.