novedades

February 27: Day to Combat Sexual Harassment at Work

March 5, 2026

Laboral

Constitutional protection of worker dignity

The Political Constitution of Peru protects workers through generic (applicable to everyone) and specific (which only applies to people who have the status of workers). The main generic mandate is the one that establishes that the human person and respect for his dignity are the supreme goal of society and the State, and it is the State's obligation to protect and respect the rights and dignity of the worker. In this sense, the work center is not an isolated place, unprotected against any interference. Labor legislation has established a set of guarantees that grant special protection to workers against possible damages or effects they may suffer in the middle of an employment relationship.

Indeed, in the employment relationship, the worker may face presituations in which working conditions vary, all in order to cause harm to him. In the same way, it can also be affected due to multiple acts that alter the performance of their tasks and even their emotional state. Among these acts, sexual harassment stands out, which consists of the violation of the fundamental rights of workers, which constitutes a serious problem to health and safety at work. Through the adoption of Law No. 27942 “Law on the Prevention and Punishment of Sexual Harassment” (hereinafter, the Act), and its Regulations, approved by D.S. No. 014-2019-MIMP, it seeks to safeguard the rights of workers, encouraging the adoption of measures to prevent and punish sexual harassment behaviors in the workplace.

Regulation of sexual harassment at work and measures to address it

Article 4 of the Act states that sexual harassment is a form of violence that is configured through conduct of a sexual or sexist nature or connotation unwanted by the person against whom it is directed, which can create an intimidating, hostile or humiliating environment; or that can affect their work, teaching, training or any other activity or situation. In these cases, proof of rejection or repetition of the conduct is not required.

Being a behavior based on sex, harassment is offensive to the person who suffers it, causing physical, psychological and/or social damage. This can occur in two ways: as conditioning the victim, to access sexual behavior through promises of better work, conditioning their permanence in employment, or to promote a hostile work environment, which gives rise to situations of intimidation or humiliation.

Violence can be externalized in many ways, among which gender-based violence stands out. This has as its precedent the ancient perception of the role of women circumscribed to the home environment, so entering public spaces questions the hegemonic model of masculinity. These stereotypes, despite lacking any objective support, remain valid and motivate a large part of the hostile actions.

Therefore, the prevention of sexual harassment must be a permanent policy in workplaces, both public and private, so in order to maintain constant vigilance, the following actions must be implemented:

Evaluation and diagnosis:
- Annual evaluations will be carried out to identify possible situations of harassment or risks. ‍
- Questionnaires can be used and must ensure respect for the privacy of those evaluated.
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Trainings:
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- Training is mandatory at the beginning of the employment relationship.
- Specialized annual training is also mandatory for the Human Resources area or whoever acts in their place, the Sexual Harassment Intervention Committee or the one acting in their place and the others involved.
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Dissemination:
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- Institutions, through any medium, periodically disseminate information to identify behaviors that constitute acts of sexual harassment and the applicable sanctions.
- The channels for dealing with complaints and complaints (including formats) will also be disseminated.

In addition, those companies that have twenty (20) workers or more are required to prepare a domestic policy to prevent and punish sexual harassment. This document must specify the channels for filing complaints or complaints, the investigation and sanction procedure and the deadlines for each stage, which cannot be longer than those provided for in the Law and the Regulations.