Workplace Harassment in Colombia: How to Identify It and What Law 1010 of 2006 Says

Law 1010 of 2006 defines workplace harassment as any persistent and demonstrable conduct exercised against a worker by an employer, superior, coworker, or subordinate, aimed at causing fear, intimidation, terror, anguish, labor harm, demotivation, or inducing resignation.

The Six Modalities of Workplace Harassment

1. Labor Abuse

Any act of violence against the physical or moral integrity, physical or sexual liberty, and the worker’s property. This includes injurious or insulting verbal expressions that damage moral integrity, privacy rights, and reputation.

2. Labor Persecution

Repeated conduct of disqualification, excessive workload, permanent schedule changes, and other actions that may produce the worker’s resignation through an unbearable pressure situation.

3. Labor Discrimination

Differential treatment based on race, gender, age, family origin, religious beliefs, political preference, or social situation lacking reasonableness from a labor perspective.

4. Labor Obstruction

Any action tending to obstruct the performance of work or make it more burdensome, including deprivation of work tools, obstruction of access to the workplace, or denial of necessary information.

5. Labor Inequity

Assignment of functions that demean the worker and do not correspond to their position, experience, or professional training.

6. Labor Deprotection

Conduct tending to put the worker’s integrity and safety at risk through orders or function assignments without minimum protection and safety requirements.

Protection Mechanisms

The law establishes several mechanisms for workers: the Workplace Coexistence Committee (mandatory in every company), complaints before the Ministry of Labor, labor lawsuits seeking compensation for damages, and tutela actions when fundamental rights are violated.

Penalties for Workplace Harassment

The harasser may face fines between 2 and 10 SMLMV, obligation to pay for therapeutic treatments, termination of employment contract with just cause in favor of the harassed worker, and payment of severance for constructive dismissal.

Recommendation

If you are a victim of workplace harassment, document everything: dates, witnesses, emails, messages, and any evidence. Consult a labor lawyer before making decisions that may affect your job stability.