Internal Sanction Treatment

Types of Internal Sanctions

Within the internal work regulations, companies must stipulate a range of sanctions applicable to harassment.

The mildest sanctions include reprimands with a copy of the resume, which serve as a record.

Intermediate sanctions may involve suspension of the employment contract without pay for certain periods (days or weeks), which has a direct economic and reputational impact on the aggressor. Finally, the ultimate sanction is termination of the contract.

It is vital that these sanctions are explicitly described in the company's manuals and that they have been socialized, so that no one can claim ignorance of the consequences.

Dismissal with Just Cause

When the investigation confirms serious harassment behavior, the company has the power (and often the ethical duty) to terminate the employment contract without compensation, under the figure of "just cause".

Harassment at work constitutes a serious breach of contractual obligations, a lack of respect for colleagues and, often, a violation of ethical codes. In order for the dismissal to be justified, just cause must be proven.

Firing a harasser is not only an act of justice towards the victim, but also a measure of organizational hygiene necessary to remove a toxic element that jeopardizes the health of the group and the legal liability of the company.

Legal Implications of Failure to Punish

If the company verifies the harassment and decides not to sanction (for example, because the aggressor is a high-level manager or a sales "genius"), it becomes an accomplice.

This inaction opens the door to claims of "employer fault" or negligence in the duty of care.

The victim can sue not only the aggressor for moral damages, but also the company for the physiological and economic damages derived from having tolerated the violence.

The internal sanction is, therefore, the mechanism by which the company dissociates itself fr