The deadline is March 21st and you could be fined by the Ministry of Labor if you fail to comply.
Companies that have an Internal Accident Prevention Commission (CIPA) have until March 21 to create programs to combat sexual harassment and other forms of violence against women. The obligation is provided for by Law 14.457, passed in September 2022, which establishes the Employment + Women Programme.
Employment law attorney, Fernando Kede, of Schwartz and Kede Advogados, explains that the purpose of the law is to create mechanisms to prevent and combat sexual harassment in the labor market and create a safer environment for women.
“Although the law does not provide for sanctions, companies that do not comply run the risk of being denounced and sanctioned by the Ministry of Labor and of having to sign a settlement term of conduct with the Public Ministry of Labor or even suffer a public civil action. ”, comments Kede.
The lawyer advises companies to adapt to the new law. “Sexual harassment is an extremely harmful criminal practice for the victim and for the corporate environment, which is why it has been punished with increasing rigor by the Judiciary and causing a strong reaction from society,” he adds.
In 2022 alone, the Labor Court registered 4,539 new cases of sexual harassment. The measure, Kede said, saves the company from having to pay any compensation to the Labor Court for the conduct of its agents and helps “providing a healthy working environment”.
the investment is low
The lawyer reiterates that since companies already have a CIPA in place, the investment to comply with the law is low.
“It is necessary to hold awareness-raising lessons on the problem at least once a year, create reporting channels, which can be via email, an area on the site or telephone, and guarantee the confidentiality of whistleblowers”, he comments.
Even the smallest companies, which have not set up the CIPA, can create awareness programs and accept the complaints received, giving the appropriate referral.
“An employee experiencing sexual harassment can contact the CIPA manager, but if there is no such commission, they can contact the human resources sector. If the problem is not resolved, he can file a complaint with the Public Prosecutor’s Office and seek a lawyer to help him with the complaint or file a labor complaint with the Labor Tribunal, asking for compensation and reporting the case to a police station, as it is of sexual harassment is a crime,” Kede explains.
In this case, evidence must be gathered to support the accusation. “Recordings, emails, app messages, and even witnesses can all be used to prove harassment,” Kede adds.
A matter of reputation
Compliance attorney Gustavo Schwartz explains that establishing policies to prevent and combat sexual harassment helps strengthen the company’s reputation.
“In the age of social networks and strong movements that unmask this type of crime, a company that does not fight harassment can see its image destroyed. In addition to losses with lawsuits, there is also the risk of losing investments,” she comments.
At the same time, says the specialist, a quick response to a case of harassment represents the “perception that the company is committed to offering a healthy work environment and reducing inequalities between men and women in the workplace”, complete.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
