NEW KARIN LAW
What changes does it bring and how to protect the work environment today
One of the key aspects in the operation of any company is the care of its workers, avoiding any issues that may affect their physical well-being, but also their emotional well-being.
In this regard, the enactment of Law No. 21643, also known as the Karin Law, marks a milestone in the protection of workers against workplace harassment, sexual harassment, and violence in the work environment—something essential for maintaining harmonious and safe workspaces.
This new legislation, named in honor of Karin Salgado—a nurse who lost her life in 2019 after suffering constant workplace harassment—aims primarily to prevent any form of harassment by strengthening the ability to report such incidents and increasing the corresponding penalties, in order to create a safe and violence-free work environment.
Changes to the law and modification in the definition of harassment
The modifications introduced by the Karin Law to the Labor Code aim to simplify the process of reporting harassment cases, preventing victims from having to endure repetitive or extreme situations, as was the case under the previous regulations.
For this reason, one of the main changes introduced by the new law is the expansion of the definition of workplace and sexual harassment. Previously, harassment was understood as a repeated pattern of hostile behavior; however, the law now recognizes that a single instance of harassment can be enough to constitute inappropriate conduct in the workplace. This significantly broadens the range of situations that can be reported.
Likewise, the new regulation stipulates that aggressions and harassment can be committed by any worker, removing the requirement that the harasser must hold a higher position in the workplace hierarchy than the victim, as was previously the case.
What does the Karin Law consider workplace harassment?
The new law establishes a series of behaviors that will be considered workplace harassment, particularly those that cause personal harm or negatively affect the work situation, employment opportunities, and the physical and emotional well-being of the affected person.
For this reason, a subordinate cannot be restricted from speaking during their workday, workers cannot be prohibited from communicating with other team members, nor can a worker be separated from their colleagues without a valid work-related reason justifying the change of physical space.
The law also stipulates situations that may be professionally degrading, such as forcing a worker to perform tasks against their conscience, not assigning tasks to a worker, encouraging them to perform tasks below their capabilities, or providing incorrect information that causes the employee to fail to achieve the expected results.
Likewise, performance or achieved results cannot be judged offensively, nor can a worker's tasks or decisions be unjustly questioned.
There are also situations related to the worker's private life that are defined as harassment, such as repeated criticism or mockery of their personal life, insinuating psychological problems, or making fun of possible disabilities.
Finally, other behaviors considered harassment include phone harassment or terrorizing calls, humiliating the worker in front of colleagues or during one-on-one meetings, and mocking imitations.
The importance of prevention in companies
To achieve a positive outcome from the new regulations regarding the various types of harassment that can occur in companies, it is essential to implement proactive measures to prevent harassment and bullying in the workplace.
For this reason, it is vital to develop and implement clear and accessible prevention protocols for all members of the organization, as well as to conduct awareness and training sessions for staff on workplace harassment, sexual harassment, and violence.
Likewise, it is very important to have secure and confidential communication channels so that employees can report harassment incidents without fear of retaliation, as well as to provide psychological support and counseling to victims of harassment.
In this way, the creation of an inclusive work environment that promotes respect, gender equality, and diversity will be encouraged.
The enactment of the Karin Law represents a significant step toward building safer and more equitable work environments, aiming to prevent and punish workplace harassment in all its forms and to promote a culture of respect, equality, and diversity in the workplace.
By implementing measures for prevention, awareness, and protection, companies can actively contribute to creating workspaces free from violence and harassment, where all employees can fully develop and contribute to the organization's success, prioritizing the well-being and safety of their staff.
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