Criminalizes And Punishes Sexual Harassment


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"(Artículo 1º.-Introdúcense las siguientes modificaciones en el Código deel Trabajo: 1.-Modifíca_se el artículo 2º, deel siguiente modo: a) Insert the following paragraph second, new, passing current subparagraphs second, third, fourth, fifth, sixth, seventh and eighth, to be third, fourth, fifth, sixth, seventh, eighth and ninth, respectively:"labour relations must always based on a treatment that is compatible with the dignity of the person. " It is contrary to it, among other conduct, sexual harassment, meaning that a person perform improperly, by any means, requirements of a sexual nature, not spoiled by who receives them and which they threaten or harm their employment situation or their employment opportunities. "."

(b) replace, in the fifth paragraph, which becomes sixth, the reference to "third paragraph" on the other to the fourth "paragraph".

(c) replace, in the seventh paragraph, which happens to be eighth, the phrase "second and third subparagraphs" by "third and fourth subparagraphs".

2. in article 153, add the following new second paragraph, passing current subparagraphs second and third to be subsections third and fourth, respectively: "Especially, is must stipulate the rules that must be observed to ensure a workplace worthy and mutual respect among workers.".

3.-in article 154: to) replacements in number 10, the last comma (,) and the conjunction "and" by a semicolon (;).

(b) replaced into number 11 the final dot (.) with a comma (,) followed by the conjunction "and".

(c) add the following number 12, new: "12.-the procedure that will be submitted and the measures of protection and sanctions to be applied in the event of complaints for sexual harassment."
In the case of allegations of sexual harassment, the employer that, faced with a denunciation of the worker concerned, fully comply with the procedure laid down in title IV of book II, will not be on the increase referred to in point (c)) of the first subparagraph of article 168. "."

4.-in number 1 of article 160, insert the following letter b), new, passing the current letters b), c) and (d)) to be c), d) and e), respectively: "b) sexual harassment behaviors;".

5. in article 168, insert the following paragraph third, new, passing current paragraphs third and fourth to be fourth and fifth, respectively: "in the case of allegations of sexual harassment, the employer who has fulfilled their obligation in the terms that indicate the article 153, second paragraph, and title IV of book II, will not be on the compensation surcharge to any place , where the dismissal is declared unfair, improper or inconvenient. "."

(6. in article 171: a) Intercalanse the following second and third subparagraphs new, passing current subparagraphs second and third to be subsections fourth and fifth, respectively: "(Tratándo_se de la aplicación de las causales de las letras a)) and (b) of the number 1 of article 160, the worker concerned may claim from the employer, simultaneously with the exercise of the action granting the foregoing paragraph" , other compensation to which he is entitled.
When the employer had not observed the procedure laid down in title IV of book II, will respond in accordance with the first and second subparagraphs preceding. "."

(b) add the following final paragraph: "(Si el trabajador hubiese invocado la causal de la letra b) of number 1 of article 160, falsely or with the purpose of injuring the honour of the respondent and the tribunal would have declared your lacking plausible reason demand, will be obliged to compensate the damages caused to the plaintiff." In the event that the cause has been invoked maliciously, in addition to the compensation for the damages, will be subject to other legal actions that apply. "."

7. merge, then of section 211, the following title IV, new, in book II: "title IV of the investigation and punishment of SEXUAL harassment article 211-A-in the event of sexual harassment, the affected person must get your claim in writing to the address of the undertaking, establishment or service or the respective labour inspection.

Article 211 - B-received complaint, the employer must adopt safeguard measures necessary with respect to those involved, such as the separation of the physical spaces or redistribution of the time of day, considering the gravity of the facts imputed and the possibilities derived from the working conditions.
In the event that the complaint is made before the labour inspection, this will suggest the adoption of those measures to the employer as soon as.

Article 211 - C-the employer will be conducting an internal investigation of the facts or, within the period of five days, will send the background to the respective labour inspection.
In any case research must be concluded within the period of thirty days.
If you are optare by an internal investigation, it shall be in writing, be carried in strict reserve, ensuring that both parties be heard and can substantiate his sayings, and the findings must be sent to the respective labour inspection.

Article 211 - D.-the conclusions of the research carried out by the labour inspectorate or the observations that practiced internally, will be brought to the attention of the employer, the complainant and the respondent.

Article 211 - E -in accordance with the merit of the report, the employer must, within fifteen days, counted from the receipt of the same, hold and apply measures or sanctions that apply. "."

8. in article 425, add the following second paragraph: "the labor causes that are invoked an accusation of sexual harassment, shall be kept in custody by the clerk of the Court, and will only have access to these parties and their legal representatives.".