In times of #Metoo and the increase of reports of abuse and sexual harassment in the world, the MTESS has also considered it necessary to establish certain preventive measures in order to avoid or minimize the facts generated as a result of violence in the workplace. In this sense, it has issued Resolution No. 388 dated February 18, 2019 (hereinafter the Resolution) which defines Workplace Violence as “... any action exercised on the worker in a direct manner through acts, comments, propositions or conduct with sexual or non-sexual connotation, mobbing or sexual harassment, not consented to by the victim, exercised by superiors or colleagues of equal or lower hierarchy...” 

The Resolution creates an Office of Attention and Prevention of Labor Violence under the MTESS with specific functions for the sensitization, training and dissemination of the problem, and the carrying out of research tending to a better understanding of the problem, establishing specific procedures for the treatment of complaints related to acts of labor violence.

The established procedures distinguish between: (i) labor violence exercised by superiors or colleagues of equal or lower hierarchy, and (ii) labor violence exercised by the highest authority of the employing company.

The penalties applicable to cases of Workplace Violence of type (i), will be those indicated in the Internal Labor Regulations, and eventually dismissal without cause. While the sanctions applicable to type (ii), will be the justified dismissal of the worker and therefore the obligation to pay the indemnity provided for in Art. 85 of the Labor Code, in addition to a fine for the employer of between 10[1] to 30 minimum wages for each worker affected, which shall be doubled in case of recurrence.

All employers with more than 10 (ten) employees who must have approved Internal Work Regulations must expressly include in said regulations an internal procedure for cases of workplace violence, establishing measures to prevent, control and carry out education and training programs for the prevention of workplace violence. 

According to the Labor Observatory Directorate of the MTESS, in the last year, 47.6% and 52.3% of complaints of labor violence affecting both men and women, respectively, have been received.

For more information about the new labor provisions and compliance, please contact Perla Alderete (palderete@vouga.com.py) or Walter Vera (wvera@vouga.com.py).



[1] One legal minimum wage is equivalent to G. 81,252.