The Congress issued Law 2365 of 2024 (the “Law”), through which measures are adopted to prevent, protect and address sexual harassment in the workplace and in higher education institutions in Colombia.

This Law seeks to guarantee the right to equality, non-discrimination, and a life free from violence, including the prevention and attention to cases of gender-based violence.

To whom does it apply?

This Law applies to:

1. All victims of sexual harassment; and
2. The individuals who commit acts of sexual harassment
   
   (a) In the workplace context, regardless of the nature of the relationship, including interactions involving employees, agents, employers, independent contractors, interns, trainees, and other individuals participating in the workplace;
   
   (b) In the context of University Institutions, Technological Schools, Technological Institutions, Professional Technical Institutions, as well as the National Learning Service (SENA) and Institutions of Education for Work and Human Development (IETDH), including interactions involving students, teachers, administrators, employees, and other individuals performing activities within these institutions; and
   
   (c) when the interaction between parties originates in these contexts.

What does the law establish?

• Defines sexual harassment;
• Describes the circumstances under which the conduct is presumed to have been committed in the workplace context;
• Establishes the rights of victims and individuals investigated for alleged sexual harassment;
• Mandates the national government to create and disseminate a Transversal Plan for the Elimination of Sexual Harassment and regulates its minimum content;
• Regulates protection guarantees for victims, including reinforced labor stability;
• Determines the complaint mechanisms;
• Introduces a new preventive and corrective measure for harassment within the framework of Law 1010 of 2006;
• Amends the General Disciplinary Code;
• Establishes the procedure for cases involving service agreements and educational entities; and
• Establishes the employer obligations.

What are the employer’s obligations?

Among the labor obligations applicable to employers are the following:

1. Create an internal prevention policy reflected in the internal working regulations, employment agreements, protocols, and care routes against sexual harassment in the workplace context, which must be widely disseminated.
2. Establish mechanisms to address, prevent, and provide guarantees of non-repetition regarding sexual harassment.
3. Implement immediate protection guarantees to prevent irreparable harm.
4. Inform the victim of their right to approach the Office of the Attorney General.
5. Immediately forward the complaint to the competent authority at the victim's request, respecting their right to privacy.
6. Refrain from acts of censorship that undermine the victims' right to publicly highlight acts of sexual harassment and refrain from acts of re-victimization.
7. Publish biannually the number of complaints processed and sanctions imposed on available physical and/or electronic channels.

How is reinforced labor stability applied?

Regarding reinforced labor stability, the Law stipulates that the unilateral termination of the employment contract or the dismissal of a sexual harassment victim who has informed the employer or contracting company of the incidents will be null and void if it occurs within six months following the complaint.

If after six months, the victim is dismissed and claims in court to have been dismissed due to their harassment complaint, the employer must refute this presumption.

This protection measure extends to those serving as witnesses before the competent administrative or judicial authority handling the complaint or report.

Dismissal carried out during the process of a sexual harassment case in the workplace context and/or within six months following the filing of the complaint is presumed retaliatory, constituting grounds for unjustified dismissal and resulting in a fine ranging from 1 to 5,000 minimum monthly legal wages. 

This fine will be regulated within six months by the Ministry of Labor, considering reasonableness criteria according to the size of the company.