Procedural Aspects: Expiration, Recklessness and Calling in Guarantee

The Expiry of the Time Limit: Time to File a Complaint

The right to denounce labor harassment is not eternal; it is subject to a statute of limitations.

This means that the victim has a time limit (which is usually six months from the occurrence of the last act of harassment) to file a complaint or lawsuit.

If he lets this time pass without taking action, he loses the opportunity to use the specific sanctioning mechanisms of the harassment law, even if he still has other ordinary labor remedies available to him.

This time limitation seeks legal certainty and immediacy in the evidence, since reconstructing psychological events that occurred years ago is extremely complex and unreliable.

Recklessness: Penalties for False Accusations

Since an accusation of harassment can destroy a person's reputation, the law punishes "recklessness" or bad faith.

If it is judicially proven that the complaint lacks any factual basis and that it was filed with the malicious intent to harm the alleged aggressor, obtain undue economic benefits or shield himself from a legitimate dismissal, the complainant is sanctioned.

This sanction may include economic fines and the loss of compensation, in addition to constituting just cause for the termination of his own employment contract.

The system protects the real victim, not the manipulator who instrumentalizes the rule.

Call in Guaranty and Joint and Several Liability

In judicial proceedings, it is possible to bind third parties by means of the "call in guarantee".

For example, a defendant company could call the labor risk insurance company (ARL) if it considers that this entity failed to provide preventive advice.

Also, joint and several liability is established: if the harassment was perpetrated by a boss, the company is liable for the damages caused, under the premise of "culpa in vigilando" (lack of vigilance).

This means that the victim can collect the compensation from the com