What is workplace harassment according to law

What is workplace harassment?
Workplace harassment is any conduct that constitutes repeated aggression or harassment, exercised by the employer or by one or more workers, against another or other workers, by any means, and that has as a result for the affected person (s) their impairment, mistreatment or humiliation, or that threatens or harms your employment status or job opportunities.

Workplace harassment is incorporated into the Labor Code as an act contrary to the principles of labor laws and the dignity of the person.

Can workplace harassment be grounds for dismissal?
Yes, the employer can fire, without the right to compensation, the worker if he / she committed an act of workplace harassment.

What happens if it is the employer who commits workplace harassment?
In this case, the worker can terminate the contract and appeal to the respective court, within a period of sixty business days, counted from the date on which he is dismissed, so that the court order the payment of the respective compensation.

What happens if the worker falsely invokes the cause of workplace harassment?
If the worker has falsely invoked the cause of workplace harassment or with the intention of affecting the honor of the defendant, the court will declare his claim as unfounded and order the payment of compensation. If the court considers that the cause was maliciously invoked, the worker will be subject to the other legal actions that may proceed.

What compensation is the worker who terminates his contract for workplace harassment entitled to?
You have the right to compensation that has been agreed individually or collectively. If there is no such agreement, they are entitled to 30 days of the last remuneration for each year of service, up to a limit of 330 days (11 months of salary). The court, together with ordering the payment of compensation, can increase it by up to 80 percent, taking into account the cause of workplace harassment. To this is added the payment of the month of notice and other compensation to which the worker was eventually entitled.

What provisions are established for public and municipal officials?
A rule is incorporated into the Administrative Statute and the Administrative Statute for Municipal Officials so that officials are prohibited from carrying out any act classified as workplace harassment

 

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