Workplace harassment, also known as "mobbing", is a serious issue that affects the health and well-being of employees, and that can lead to significant legal consequences for companies. Ignoring or poorly managing a case of workplace harassment can result in the criminal liability of the company. This article explores the legal implications and offers strategies for the prevention and effective management of harassment in the workplace, thus protecting both workers and the organization itself.
What Is Workplace Harassment and How Does It Affect the Company?
Workplace harassment is defined as exposure to negative, repeated and prolonged behaviors over time, directed at an employee by a superior, a colleague or a group of people, with the aim of humiliating, intimidating or degrading the victim. These behaviors can manifest in various forms, including:
- Constant and unjustified criticism.
- Isolation and exclusion of the employee.
- Work overload or, conversely, assignment of meaningless tasks.
- Public and private humiliation.
- Spreading of rumors and slander.
The consequences of workplace harassment are devastating for the victim, including mental health problems (anxiety, depression, post-traumatic stress), physical (headaches, digestive problems, insomnia) and social (isolation, difficulty relating to others). For the company, workplace harassment can generate:
- Decrease in productivity and performance.
- Increase in absenteeism.
- Deterioration of the work environment.
- Damage to corporate reputation.
- Risk of legal and financial sanctions, including the criminal liability of the company.
Legal Foundations of Corporate Criminal Liability for Workplace Harassment
In many countries, legislation establishes the criminal liability of the legal entity, that is, of the company, for offenses committed by its administrators, executives or employees in the exercise of their duties or in its name or interest. In the case of workplace harassment, the company may be held criminally responsible if it is demonstrated that:
- There was a case of workplace harassment within the company.
- The company knew or should have known about the harassment.
- The company did not adopt the necessary measures to prevent or stop the harassment.
- The harassment caused significant harm to the victim.
The criminal liability of the company can arise from offenses such as:
- Offenses against health and safety at work.
- Offenses against moral integrity.
- Discrimination offenses.
The penalties the company may face can include heavy fines, disqualification from contracting with the public sector, judicial intervention in the company and even its dissolution.
The Importance of a Workplace Harassment Prevention Plan
The best way to avoid the criminal liability of the company for workplace harassment is to implement a comprehensive plan for the prevention and management of harassment. This plan should include, at a minimum, the following elements:
- Development of a prevention and response protocol for harassment: This protocol should clearly define what is understood by workplace harassment, establish reporting channels, ensure the confidentiality and anonymity of complaints, and describe the procedure for investigating and resolving cases.
- Training and awareness: It is essential to train all employees, including executives and middle managers, on what workplace harassment is, how to identify it and how to prevent it.
- Creation of a committee or designated figure responsible for harassment prevention: This committee or figure will be responsible for receiving complaints, investigating cases and proposing improvement measures.
- Psychosocial risk assessment: Conducting periodic assessments of psychosocial risks at work can help identify factors that may favor workplace harassment.
- Promotion of a healthy work environment: Encouraging open communication, mutual respect and collaboration among employees can help prevent workplace harassment.
Measures to Take in Response to a Complaint of Workplace Harassment
When faced with a complaint of workplace harassment, the company must act quickly and diligently. The steps to follow include:
- Receive the complaint and offer support to the victim: It is important to listen to the victim with empathy and offer psychological and legal support.
- Investigate the complaint objectively and impartially: The investigation should be carried out by qualified persons and should ensure the confidentiality and anonymity of the parties involved.
- Adopt precautionary measures to protect the victim: These measures may include the temporary transfer of the victim or the alleged harasser to another position.
- Impose sanctions on the harasser: If harassment is confirmed, the company must impose sanctions proportionate to the severity of the conduct, which may include suspension of employment and pay or dismissal.
- Review and improve the prevention plan: The experience gained in managing the complaint should be used to review and improve the workplace harassment prevention plan.
