Active and Passive Subjects: Scope of Application

Active Subjects: Who can be Aggressors

The law breaks with the traditional scheme that harassment only comes "from the top down".

The active subjects or aggressors can be managers and directors (vertical downward harassment), but also co-workers at the same level (horizontal harassment) and even subordinates towards a superior (vertical upward harassment).

In addition, the regulation contemplates the figure of "determiners", those who order others to harass, and "accomplices", who facilitate the conduct.

This implies that a person who does not directly insult, but isolates the victim following instructions from a boss, may also be subject to legal sanction.

Passive Subjects: The Universality of the Victim.

The passive subject is the natural person who works as a worker or employee, whether in the private sector or as a public servant, and who suffers the aggression.

Protection is universal within the formal labor sphere; it does not distinguish by type of contract (fixed term, indefinite term) or salary range.

From the plant operator to the vice-president of a company can be legally recognized as victims of harassment.

The law seeks to protect any individual who provides personal services under subordination, recognizing their inherent vulnerability to the power structures of the organization.

Stakeholders and Institutional Responsibility

In addition to individuals, the law involves the legal person (the company or entity) as a responsible actor. The institution is responsible for preventing and sanctioning.

If the company knows the facts and omits to act, or if it tolerates the behaviors despite complaints, it becomes a participant by omission or tolerance.

This shifts the legal responsibility not only to the direct aggressor, but also to the employer who failed in his duty of protection, and may face severe economic sanctions and the obligation to compensate the damages caused by his negligence in the management of the work environment.

Summary

The aggressors may be bosses (vertical downward), colleagues (horizontal) or subordinates (vertical upward), including accomplices who facilitate the conduct or determiners who order it.

The victim is any worker, regardless of rank or type of contract, recognizing the universality of vulnerability in the face of power structures.

The company is institutionally responsible; if it is aware of the facts and fails to act, it becomes a participant by tolerance, facing sanctions for failing in its duty to protect.