WHAT IS WORKPLACE HARASSMENT AGAINST WOMEN?
In Bolivia, workplace harassment is defined as repeated behavior against a female worker by someone in a higher, equal, or even lower position, aimed at forcing her to resign or abandon her job. This conduct can manifest in various forms, such as:
- Unjustified insults or criticism
- Public humiliation or ridicule
- Intentional task overload
- Threats of dismissal
- Social exclusion or isolation
- Spreading false rumors
Example: “María in the Human Resources Department”
HOW TO REPORT WORKPLACE HARASSMENT IN BOLIVIA
Any female worker—whether employed in the public or private sector—can file a report with the Ministry of Labor through its Departmental or Regional Offices. The process unfolds as follows:
1. FILING THE REPORT
The complaint can be submitted verbally or in writing by the victim, a family member, legal representative, or union representative.
2. FACT-FINDING INSPECTION
Within 48 hours, a Labor Inspector visits the workplace to collect evidence, interview witnesses, and review relevant documents.
3. TECHNICAL REPORT
Within 24 hours of the inspection, the Labor Inspector issues a report recommending one of the following:
- Issuance of a Cease Harassment Order
- Rejection and closure of the case if unfounded
4. OFFICIAL RULING
Within 72 hours, the Departmental or Regional Head of Labor issues a formal resolution that must be followed by both employer and accused worker.
5. MANDATORY COMPLIANCE
The resolution is binding. If ignored or if harassment continues, the case is referred to the Public Prosecutor.
PROTECTIVE MEASURES FOR VICTIMS OF WORKPLACE HARASSMENT
The Ministry of Labor may implement temporary and extraordinary protective measures, including:
- Reassigning the aggressor without affecting labor rights
- Temporarily suspending the aggressor with pay
- Reassigning the victim, if she consents
- Adjusting the victim’s work schedule or granting reduced hours
- Referring the case to the Summary Authority if the aggressor is a public servant
Example: “Ana and the Position Reassignment”
Ana reports being harassed by a coworker. To protect her, the aggressor is reassigned to a different department, ensuring they no longer share a workspace, without violating either party’s labor rights.
WHAT IF I ALREADY RESIGNED DUE TO HARASSMENT?
If a woman is forced to resign due to harassment, she may initiate proceedings for unjustified dismissal. A resignation made under pressure is not considered valid if it is proven to be the result of workplace violence.
PREVENTING WORKPLACE HARASSMENT
Employers and public entities must implement preventive measures such as:
- Mandatory training on workplace harassment
- Posting of informational materials in visible areas
- Internal policies for handling complaints
SEXUAL HARASSMENT IN THE WORKPLACE: A SPECIAL CASE
If signs of sexual harassment emerge during an investigation, the case must be immediately referred to the Public Prosecutor’s Office, as it constitutes a public criminal offense. If the accused is a public official, the Summary Authority must also be notified to initiate administrative proceedings.
For expert legal guidance on labor harassment prevention and response, we invite you to contact our office and schedule a consultation with our legal team.
Frequently Asked Questions (FAQs)
Who can file a workplace harassment complaint?
The victim, a family member, a legal representative, or a union representative.
Does the harasser need to be in a higher position?
No. Harassment can come from anyone, regardless of their position in the organization.
What happens if the harasser ignores the cease order?
The case is forwarded to the Public Prosecutor for possible prosecution under human trafficking laws.
What if the victim already resigned?
The victim can pursue a claim for unjustified dismissal if the resignation was coerced.
Can the company take action during the investigation?
Yes. The Ministry of Labor may order immediate protective measures to safeguard the victim.
- Political Constitution of the Plurinational State of Bolivia
- Bolivian Criminal Code
- Comprehensive Law to Guarantee Women a Life Free of Violence
- Resolutions of the Ministry of Labor, Employment and Social Welfare on workplace harassment procedures
- Bolivian Code of Criminal Procedure
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
- TRAVEL RESTRICTION (ARRAIGO) IN LABOR PROCEEDINGS FOR SOCIAL BENEFITS IN BOLIVIA
- EQUAL PAY IN BOLIVIA: GUARANTEES FOR MEN AND WOMEN
- SHOULD DIFFERENTIATED WORKING HOURS FOR WOMEN BE MAINTAINED IN BOLIVIA?
- DIFFERENCE BETWEEN PRODUCTIVE AND NON-PRODUCTIVE COMPANIES IN BOLIVIA
- CRIMES AGAINST FREEDOM OF WORK IN BOLIVIA
