Deputies of the Legislative Assembly define 16 behaviors as workplace harassment.
The bill named “Law to prevent and punish Labor Harassment in the public and private sector” pending before the Legislative Assembly since 2018, under file number 20,873, to identify, prevent, punish, prohibit and eradicate workplace harassment, was passed on October 5. The initiative includes specific circumstances of workplace harassment, conduct, and disciplinary sanctions.
The circumstances that are classified as workplace harassment include the following acts:
1- Make an unjustified and disproportionate change of the physical space.
2- Limit access to information, tools, and materials necessary to carry out the work.
3- Promote fraudulent actions that lead to an error with obvious damage to the harassed person.
4- Assign in an unjustified and disproportionate way chores inconsistent with the tasks.
5- Assign both high and low workloads unjustifiably.
6- Threaten dismissal, transfer, or sanctions for unjustified reasons that never materialize.
7- Make multiple and repeated disciplinary complaints for unjustified and clearly individualized reasons.
8- Constantly ignore or disqualify the work, ideas or proposals for unjustified reasons.
9- Retaliate against the person who makes a complaint or files a lawsuit for workplace harassment or other allegations, related to the workplace.
10- Promote social isolation, restricting contact and participation.
11- Unjustifiably limit the person’s communication in the workplace.
12- Exclude unjustifiably and repeatedly from work-related activities such as meetings, emails, and instructions, among others.
13- Make, encourage, or spread expressions mocking the physical appearance or the way of dressing of an employee, or hostile, pejorative, slanderous, or disqualifying comments about the personal or work life of the employee.
14- Send messages, phone calls, or virtual messages with insulting, offensive or intimidating content toward the employee and his/her family.
15- Pushing, hitting, or throwing objects, threatening, yelling, or any other act of violence.
16- Harassment to affect social relationships and communication.
In Costa Rica, at this time, no specific regulation establishes guidelines on workplace harassment. For the bill to be enacted, it must be sent for public consultation, go through motions and discussions by legislators, receive approval in the first and second debates, be signed by the President of the Republic, and finally, be published in the official newspaper La Gaceta.
At BLP we have a team that can assist you with the process. For more information, contact us at [email protected] or through WhatsApp o Telegram at +506 6280 2269.