Employee protection rights in Colombia

To prevent workplace discrimination and ensure equal and fair treatment for all workers, the Colombian government has established several laws and policies. During the hiring process and employment, employers cannot engage in any form of discriminatory practices. For example, asking questions around pregnancy during the hiring process is considered discriminatory.

Law 1482 of 2011, updated and strengthened by Law 1752 of 2015, represents a significant development in Colombia’s anti-discrimination policies. It imposes penalties for acts of discrimination on various bases, including race, national origin, age, sex, sexual orientation, and gender identity, among others, helping to protect workers’ rights and dignity within the workplace.

As an employer, you are expected to adhere to these regulations and set an example by promoting an inclusive environment free from discriminatory practices. You must also make sure that your company’s internal policies align with regulations to protect the rights of your employees and avoid any discriminatory incidents. Failure to comply with these regulations can result in serious legal consequences, including fines and other penalties, and damage to your reputation.

To foster a positive work environment free from discrimination, companies should provide training to employees on recognising and preventing harassment and maintain an open-door policy for discrimination and harassment complaints.

Protection against harassment in Colombia

Generally, workplace harassment is any ongoing and proven behaviour directed at an employee that aims to create fear, intimidation, or anxiety. It can harm the employee’s work performance, lower their motivation, or even lead them to resign.

The Law 1010 of 2006 specifically addresses this issue. It outlines actions that may be considered workplace harassment, including discriminatory practices, and seeks to protect employees’ dignity, integrity, and fundamental rights.

Moreover, Law 2365 of 2024 established guidelines for preventing and combating sexual harassment in the labour market. As an employer in Colombia, you must establish clear policies that outline what constitutes harassment, and actively work to prevent such behaviours, and have procedures in place to address any cases of harassment that arise.

The Colombian Labour Code and other regulations outline various forms of harassment. Here are some examples of harassment that can undermine an individual’s ability to work:

• Psychological harassment (mobbing): Repeatedly belittling an employee in front of colleagues, spreading false rumors about them, or isolating them from team activities.
• Sexual harassment: Unwelcome sexual advances, inappropriate touching, suggestive comments, or sharing explicit content without consent.
• Discriminatory harassment: This discrimination is based on race, gender, sexual orientation, religion, or disability. It could involve derogatory remarks, exclusion, or unequal treatment.
• Verbal harassment: Name calling, yelling, or using offensive language towards a colleague.
• Physical harassment: Any unwanted physical contact such as pushing, hitting, or intimidating gestures that create fear or discomfort.

To ensure protection against harassment, companies must set up a special committee made up of both employee and employer representatives to review complaints. If an employee files a harassment complaint, they cannot be fired without a valid reason for the next six months. This protection also extends to employees who witness harassment and support the complaint process.