Labor Harassment and Its Lack of Regulation
Paola Rojas, associate in Costa Rica, expert in the Labor Practice Area, shares this article on Labor Harassment and its lack of regulation.
In Costa Rica, labor harassment, although it does not have a law in force that allows its regulation, has been conceptualized over the years as a series of systematic acts of aggression, mostly psychological, that seek to undermine dignity, cause isolation and even force a employee to resign from their position. This type of harassment is a problem that affects both the mental health and productivity of employees.
Current Status of Labor Harassment Legislation
At present, although there are laws that regulate sexual harassment, as well as different types of discrimination, there is still no specific law that regulates harassment in the workplace. The only sources that allow us to have some kind of general notion about this type of harassment depend mainly on the jurisprudence established by the Supreme Court of Justice and some guidelines issued by the Ministry of Labor.
However, a bill is under discussion in the Legislative Assembly under File No. 20,873 called Law to Prevent and Punish Labor Harassment in the public and private sector, which seeks to establish a clear legal framework for labor harassment, defining the responsibilities of employers and the rights of employees, providing a clear path for complaints and corresponding sanctions.
Labor Harassment and its manifestations
Labor harassment manifests itself in different ways and can be exercised by managers as well as by co-employees.
Manifestations such as jokes, threats, work excess, social exclusion, and assignment of tasks that go beyond the employee's abilities or responsibilities, are just some of the tactics that could be used to harass an employee.
Labor harassment could also be classified according to the direction in which the aggression occurs:
(a) Top-Down Vertical Harassment: Occurs when the aggression comes from a manager to a subordinate. This is the most common form and is manifested through the assignment of impossible tasks, constant criticism of the way of working, and often direct or indirect threats are made.
b) Upward vertical harassment: In this case, harassment is perpetrated by a group of employees who could be subordinates against their superior. This type of harassment is less common but could be a reality in many organizations.
c) Horizontal harassment: This occurs between co-employees who occupy similar positions in the company's management structure. Manifestations of this harassment may include rumors, social exclusion, and uncompetitive behavior, among others. In general, a group of employees may exercise a form of power that does not depend on their position, but on the social dynamics within the workplace, which is why it is important to understand that harassment is not always linked to superiors.
How Harassment at Work Affects the Personal and Professional Environment
Labor harassment has a profound impact on the lives of the people who are victims of it, not only affecting their mental health, but also greatly affecting their performance at work.
Employees who are victims of labor harassment may experience chronic stress, depression, anxiety, and a significant loss of self-esteem, these conditions not only harm the employee, but also affect the productivity of the organization, increasing absenteeism and staff rotation, but also affecting the complete work team.
Recognizing labor harassment can be difficult, especially when the aggressions are subtle or masked as simple labor conflicts, however, some of the signs through which it manifests itself may be:
- Constant and unjustified criticism.
- Exclusion from meetings or important work activities.
- Assignment of tasks that do not correspond to the position or for which the employee is not qualified.
- Disparaging comments, jokes or offensive nicknames.
Although there is no specific law, this type of action can be investigated either internally within the company, in administrative instances or it can be reported to the Courts of Justice.
Regulations, Jurisprudence and Guidelines of the Ministry of Labor
The jurisprudence of the Supreme Court of Justice and the guidelines of the Ministry of Labor are currently the main tools to deal with cases of labor harassment in Costa Rica.
This is how, by means of precedents and guidelines, the internal labor norms have been interpreted and applied in cases of labor harassment.
On the other hand, although our legal system does not expressly regulate the figure of labor harassment, this does not imply that we cannot use certain provisions that allow the employee to have the right to file a claim and request a corresponding compensation when he or she is a victim of labor harassment.
Article 69 paragraph c) of the Labor Code determines the employer's obligation to: "Keep the employees in due consideration, abstaining from abusing them by word or action”. In the same sense, Article 70 paragraph i) of the same law prohibits employers from: "Executing any act that restricts the rights that the employee has according to the law”. On the other hand, numeral 71 paragraphs d) obliges employers to: "Observe good practices during their working hours”.
Finally, in the event of any conduct of moral or psychological harassment, Article 83 of the Labor Code would be applicable, regarding the just causes that permit the employee to terminate the employment contract with cause, as it establishes in its paragraph b): "When the employer incurs during the work in lack of probity or honesty, or conducts himself in a way that is contrary to morality or uses injury, calumny or de fact against the employee”; and even with the labor procedure reform that came into force in July 2017 (Law No. 9343 of January 25, 2016) the criteria of discrimination that could be alleged in a case of labor harassment is increased, Article 404.
Promoting a safer and more respectful work environment
Labor harassment is a problem that affects thousands of employees around the world.
Although our country still lacks specific legislation to regulate this type of harassment, there are resources and strategies that both employers and employees can adopt to prevent and deal with it.
The implementation of clear policies and procedures to prevent and combat labor harassment is essential in today's work environment. Implementing formal procedures for reporting and confronting harassment not only contributes to a safe and respectful work environment but can also have a positive impact on employee productivity and morale. It is clear that establishing concrete policies and action protocols is an effective measure to prevent and combat labor harassment in organizations.
Prevention is essential to avoid labor harassment, and companies are urged to implement clear and effective internal policies that define what constitutes labor harassment, the procedures for reporting it, and the corresponding sanctions.
It is essential to foment an organizational culture based on respect and inclusion, these being effective measures, in addition to continuous training of employees on issues of labor harassment and its various manifestations, which will sensitize the workforce to the importance of mutual respect.
The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.