Judicial Jurisdiction and External Sanction Procedure

The Transit from the Internal to the Judicial

When the company's internal mechanisms (Coexistence Committee, Human Resources) fail, are exhausted or prove ineffective in stopping the harassment, the conflict transcends to the judicial sphere.

At this point, the victim has the right to go to the ordinary courts. It is essential to understand that the competent judge varies according to the nature of the employment relationship.

For private sector workers, the jurisdiction usually falls on the Circuit Labor Judges.

For public servants, disciplinary control is usually in the hands of the Public Prosecutor's Office (Procuraduría or Personería), since their relationship with the State has different administrative implications.

The Role of the Labor Judge in Sanctions

The judge does not act as a mediator, but as a sanctioner. His role is to evaluate the evidence provided (testimonies, emails, psychological expertise) to determine whether the conduct fits the legal definition of harassment.

Unlike the internal committee that seeks conciliation, the judge issues binding judgments.

These may include an order to compensate the victim, the nullity of an unjustified dismissal (with the consequent reinstatement and payment of back wages) and the imposition of severe economic fines on both the aggressor (natural person) and the company (legal person) for their negligence in the duty of protection.

Intervention of the Ministries of Labor

Parallel to the judicial process, there are administrative inspection and surveillance authorities (Labor Inspectors).

Although in many legislations they do not have the power to declare that "there was harassment" (judicial reserve), they do have the power to sanction companies for not having active coexistence committees, for not processing complaints or for lacking preventive policies.

An inspection visit can result in large institutional fines if it is proven that the company ignored the regulations on