Senate Pushes Reforms to Fight Workplace Harassment

The Senate has introduced new initiatives aimed at aligning the country’s labor laws with the International Labour Organization’s (ILO) Convention 190, which seeks to address workplace violence and harassment, including gender-based violence. These proposals, introduced by two senators in February, aim to provide a legal framework to fight such issues in the workplace.

As reported by El Economista, Senator Julieta Ramírez Padilla proposed a reform to the Federal Labor Law (LFT) that would incorporate the term “workplace harassment,” define it, and establish legal consequences. The proposed penalties for harassment could range from MX$28,285 (US$1,400) to MX$565,700.

Ramírez Padilla emphasized that, alongside these legal changes, employers would need to implement preventive measures against workplace harassment. These measures would include internal protocols, improved communication and reporting channels, and greater awareness. The proposal seeks to modify 13 articles of the LFT to address workplace violence comprehensively.

“This initiative is designed to raise awareness of the various forms of workplace violence, establishing mechanisms to prevent, address, and eradicate these behaviors through training, responsibility, and education,” said Senator Ramírez. The goal is to raise awareness about the different forms of workplace violence and set clear actions for prevention, intervention, and sanctions, added the senator. 

These reforms follow Mexico’s ratification of ILO’s Convention 190 on March 15, 2022, which requires Mexico to align its legal framework with its provisions, and includes amending at least six existing laws. A reform package passed in the last legislative session but stalled before reaching the lower house of Congress.

Additionally, Senator Blanca Judith Díaz Delgado proposed amendments to the LFT to define workplace violence and gender-based harassment while refining existing definitions of sexual harassment and assault. These changes seek to create safer work environments and establish clear legal procedures for handling victims’ complaints. The initiative emphasizes the need for robust legal safeguards to protect those affected.

ILO recognizes that while Mexico has made progress by incorporating terms such as "sexual harassment" in the LFT, further legal reforms are necessary to acknowledge the broader spectrum of workplace violence. In particular, ILO points out that recognizing violence and harassment as a workplace risk is critical for ensuring that affected workers have access to health services and can claim workers' compensation or disability benefits.

An ILO evaluation highlighted that the public sector faces greater challenges. Unlike the LFT, which underwent reforms in 2012 and 2019 to address workplace violence, laws governing federal workers, including the Federal Workers' Law (LFTSE) and the laws regulating social security, have not been updated in this area.

The ILO report stresses that although important steps have been taken, including the development of a Protocol for Preventing, Addressing, and Eradicating Workplace Violence by Mexico’s Ministry of Labor, a more comprehensive legal framework is needed to protect workers fully.