Carlos is a worker of a well-known company, who has more than four years working for the same and recently has been victim of harassment from some colleagues, including his supervisor. Carlos still does not know that he is being the victim of Mobbing or labor harassment, and even less that he has a way to defend himself against it.

Mobbing or labor harassment is defined as a series of abusive behaviors that psychologically degrade a worker, harming his/her self-esteem and morale, through harassment and a situation of continued psychological violence. This psychological violence leads to an injury to the dignity and integrity of the worker, creating a hostile, humiliating, offensive and intimidating work environment.

At present, in Costa Rica, there is no specific regulation regarding workplace harassment; however, Law 7476, be it the “Law against Sexual Harassment in Employment and Teaching”, serves as a support for companies to be able to regulate through internal work policies on the issue of labor harassment or sexual harassment.

Procedures for reporting and punishing Mobbing or labor harassment in your company

If you are head of a company and know that one of your workers is being victim of harassment at work, you must take a series of measures to regulate this situation internally, in order to carry out a due and equitable process for all the employees, in which, depending on the severity of the fault, the corresponding sanction can be considered.

In addition, the company should focus on providing support and assistance to the employee who is being victim of harassment, as follows:
1. Establish defense mechanisms: Regulate the issue through policies that indicate what to do if you are affected by a topic such as mobbing; define parameters on who and how to go inside the company, always safeguarding the privacy and confidentiality of the case.
2. Define the process: Establish the process internally to carry out the steps once the complaint for harassment has been received; and, in addition, the implications for the harasser in case of being found guilty, as well as for whoever interposes the claim in case of being false.
3. Adopt the necessary measures: After receving the complaint for harassment, execute the necessary protective measures with respect to those involved, such as the separation of physical work spaces or the redistribution of working time, considering the seriousness of the imputed acts and the possibilities derived of working conditions.

The penalties for harassment at work will be applied according to the seriousness of the act and may be the followings: written reprimand, suspension and dismissal, without prejudice to the corresponding instance, when the conduct also constitutes punishable acts, as established in the Criminal Law.

If your company is experiencing a labor harassment situation and you are not clear how to proceed, contact ERP Lawyers where we will give you all the advice, support and guidance necessary to proceed appropriate and in the best way for the benefit of the company and workers involved.