One of the most common types of harassment is usually workplace harassment, which violates a person's dignity and aims to instill fear, intimidation, and terror in an employee. This behavior is very widespread in companies. However, victims do not report it for fear of losing their job.
If you believe you are a victim of this type of treatment in your work environment, know that legal actions are available and that the alleged harasser could be fined up to approximately $8 million dollars, depending on the case and some estimates.
Therefore, you should evaluate the situation and contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or contacting us via WhatsApp so that you can receive the best free legal consultation, and in this way we can ensure that you obtain the best representation from a workplace harassment attorney, and in turn, the highest possible compensation.
The first thing you should know is that not all behavior is considered workplace harassment. For example, requirements and orders necessary to maintain discipline or the request to comply with additional duties of cooperation with the company, if necessary, do not constitute misconduct.
Workplace harassment can only occur with persistent and demonstrable behavior that causes harm, discourages or leads to resignation in accordance with Law 1010 of 2006.
What Can Be Considered Workplace Harassment?
Some actions that could be considered as labor harassment or mobbing may include:
- Mocking
- Spreading false rumors
- Threats
- Marginalization
- Contempt
- Assigning humiliating tasks, overly demanding for their abilities or with unrealistic deadlines
However, the proper procedure that a victim of harassment can take is to go to the Coexistence Committee of the same company where they work, where they must have the facts clear.
If the coexistence committee has not resolved the problem, you can contact the labor inspector, to whom a copy of the request or complaint will be delivered, which will be forwarded to the company's coexistence committee. The Department of Labor will evaluate the evidence to determine whether harassment has occurred or not; however, it is important to present evidence and witnesses that demonstrate that it was repetitive behavior, that the person was vilified and harmed.
If you wish to obtain compensation for damages caused by acts of workplace harassment and the imposition of sanctions or fines on the responsible party, you must file a claim before the labor judge with the help of a workplace harassment attorney. If they confirm that there has been harassment, they can impose sanctions in various ways.
Types of Sanctions for Workplace Harassment
The fine is two to ten monthly legal minimum wages for those who practice it and for the employer who tolerates it. And if as a result of harassment the victim resigned, compensation will continue. If the person has to undergo treatment due to consequences caused by these actions, the offender must pay 50% of the treatment. It should be noted that the amount of fines imposed for workplace harassment will be allocated to the budget of the public entity whose authority imposes it.
Some situations that constitute harassment can go beyond limits and even result in criminal matters, such as:
- Sexual harassment
- Bodily injury
- Defamation and slander.
Consequently, if it is sexual harassment, the aggressor must serve a sentence of one to three years in prison.
You can also read How to calculate compensation for workplace harassment? The choice of your attorney is one of the aspects that can contribute to the final outcome of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free legal consultation, and likewise, legal representation from a workplace harassment attorney in case you experience any type of uncomfortable situation on a consistent basis due to workplace harassment, and subsequently, obtain the best possible compensation. Follow the steps in the following form to schedule your free consultation appointment.
