What are the changes?
There are a number of changes introduced by this new law, which include (but are not limited to):
- Broadened definition of harassment – the law expands the definition of workplace harassment to include any kind of aggression or harassment that may “undermine, mistreat or humiliate a person or affect his or her employment status or employment opportunities”. Previously, there was a requirement of repeat behaviour in order to meet the harassment definition; however, harassment can now be committed with just one act.
- Clear reporting procedures – employers will be required to implement formal mechanisms for reporting workplace and sexual harassment and violence.
- Adopting a protocol for the prevention of sexual harassment, labor harassment and violence at work – employers have an obligation to draft, publish and implement a protocol containing the guidelines established by the Superintendence of Social Security and the administrative bodies of the occupational accident and occupational disease insurance companies to which they are affiliated. This must contain information about the identification of psychosocial risks and measures to prevent harassment.
- Changes to the internal rules of order, hygiene and safety – employers will be required to:
- incorporate the abovementioned prevention protocol;
- ensure their investigation procedures remain compliant; and
- ensure that the definitions of discrimination, violence and harassment align with the new law.
- Training – it will be necessary to train employees, with the aim of creating a work culture free of harassment and violence. It will also be necessary to train managers and HR in more detail, on the relevant processes, identifying risk factors and how to support employees.
So, what should employers do now?
As the law entered into force on 1 August 2024, employers must implement the changes as soon as possible. The changes are quite comprehensive and involved; therefore, if you need any support with this or would like any further information, please get in touch with a member of the MDR ONE team.
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