One of the greatest scourges a worker may suffer in a company is workplace harassment, commonly referred to as mobbing. Workplace harassment constitutes a process of physical or psychological aggression, resulting in violent and hostile acts within the framework of an employment relationship against one worker or several workers, whether repeatedly or not, and whether or not carried out from a position of power. This aspect regarding the continuity of the conduct exercised by the harasser is broadly established by Convention 190 of the International Labour Organization (ILO), approved in 2019.
It should be noted that the Second Chamber of the Supreme Court of Justice, in judgment No. 212 issued at 9:50 a.m. on February 17, 2017, stated that:
“Workplace harassment, also called mobbing, constitutes negative behavior in the work environment, occurring between co-workers or between superiors and subordinates, through which the worker is subjected to systematic attacks over a long period of time, directly or indirectly, by one or more persons, with the purpose of causing harm.” (Underline added).
We will have to see whether, over time and with the approval of the Convention on Violence and Harassment in the World of Work as a law of the Republic in Costa Rica, as of 2025, there is any significant change in this regard.
Workers in a company have the right not to be subjected to workplace harassment and to feel safe and protected. Therefore, the employer must have agile mechanisms that comprehensively prevent it and do everything possible to ensure that it does not occur in the workplace, since the employer could be directly liable for the moral damages caused to the worker who suffers the situation if it fails to act with the due diligence required.
When, in the face of a workplace harassment complaint, the employer neither investigates nor shows interest in finding out what really happened, the worker, after formally warning the employer, may terminate the employment contract with employer liability.
For a better understanding of the issue, and so that all workers, regardless of their hierarchy, are aligned with the prohibition, they should receive training on the subject and be informed from the induction process that this type of conduct is absolutely prohibited in the company and that, therefore, in the event of any alleged case, an investigation process will be initiated together with the activation of the response protocols. For this reason, it is important to have an approved company policy that discourages this type of conduct and guarantees the rights of complainants, respondents, and witnesses.
The person who suffers workplace harassment tends, in most cases, to suffer psychosocial risks, which translate into negative effects on physical, mental, and social health, and these may be addressed as occupational risks. In most cases, complainant workers prefer to resign, which brings an end to the workplace harassment.
The impact on the company is negative, both internally and externally, since its integrity and organizational culture are called into question, affecting its image, reputation, and productivity, with a high percentage of sick leave, absences, and so on, as well as increasing turnover and additional costs.
Internally, the impact is also significant, especially when the company does not act as it should, intervening with complicity or slowness, causing distrust, vulnerability, and frustration for the victim and witnesses. This creates a loss of legitimacy in reporting mechanisms and investigation protocols among workers, which may increase impunity.
What can the company do to discourage this type of conduct in the workplace?
- Approve a policy expressly prohibiting workplace harassment, in which senior management commits to openly rejecting this type of conduct and to investigating it in order to arrive at the real and material truth of the facts and sanction those responsible when it is shown that they committed such acts. The policy could contain, among other aspects:
a. The concept.
b. The rights of the complainant and the respondent.
c. The procedure to be used to investigate the specific case, with the corresponding deadlines.
d. Guarantees against retaliation for complainants and witnesses.
e. Reporting channels.
f. The type of sanctions that will be imposed.
- Regulate workplace harassment in a separate chapter of the Code of Ethics or Code of Conduct, in which the company expressly states its commitment not to tolerate this type of conduct in the workplace.
- Regulate workplace harassment in the Human Rights Policy.
- Integrate everything related to workplace harassment conduct into the Occupational Health and Safety Management System, identifying the main and secondary risk factors, especially psychosocial risks, existing in the organization and the mechanisms to minimize or eliminate them.
- Provide ongoing training on the subject, starting with the company’s general induction process and refreshing the content of the workplace harassment policy and other related policies for all workers every six months.
At Bufete Godínez & Associates, specialists in Labor and Employment Law in Costa Rica, we help companies prevent and address workplace harassment through the design and implementation of internal policies, reporting and investigation protocols, training programs, and labor compliance strategies.
We advise employers on workplace harassment policies, regulation through codes of ethics and conduct, psychosocial risk management, strengthening reporting channels, and training for Human Resources, managers, and senior leadership, with a preventive approach focused on reducing legal risks, protecting employees, and strengthening organizational culture.
Protect your business with practical solutions in workplace harassment prevention, occupational health and safety, and labor risk management in Costa Rica. Click here to learn more and schedule a consultation with our professionals.
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