{"id":14727,"date":"2025-06-24T12:27:25","date_gmt":"2025-06-24T17:27:25","guid":{"rendered":"https:\/\/nexo.legal\/?p=14727"},"modified":"2025-06-24T12:33:17","modified_gmt":"2025-06-24T17:33:17","slug":"new-mandatory-report-2025","status":"publish","type":"post","link":"https:\/\/nexo.legal\/es\/new-mandatory-report-2025\/","title":{"rendered":"Acoso sexual en el trabajo: el nuevo reporte que la ley exige para garantizar un ambiente laboral seguro"},"content":{"rendered":"\t\t
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What you need to know\u2014and how to comply with this new requirement<\/b><\/h2>

Did you know that starting this year, <\/span>all companies in Colombia<\/b>, regardless of their size, must submit a <\/span>biannual report<\/b> outlining the actions they are taking to address sexual harassment in the workplace?<\/span><\/p>

Law 2365 of 2024<\/b> marks a major shift in how Colombia addresses sexual harassment in both work and educational settings.<\/span><\/p>


<\/span> This law not only recognizes workplace sexual harassment as a <\/span>very serious offense<\/b>, but also establishes clear measures for <\/span>prevention, response, and victim protection<\/b>\u2014while also ensuring <\/span>due process and safeguards<\/b> for those under investigation, with a focus on equality, non-discrimination, and justice.<\/span><\/p>

Below, we explain the key points and what you must do <\/span>before June 30, 2024<\/b>, to avoid penalties.<\/span><\/p>

What is sexual harassment under this law?<\/b><\/p>

According to Colombian law, sexual harassment includes <\/span>any act of harassment, intimidation, or pursuit with a sexual connotation<\/b> that occurs one or more times in the workplace or academic setting, and is influenced by <\/span>power dynamics<\/b>\u2014whether vertical (e.g., boss-subordinate) or horizontal (between colleagues).<\/span><\/p>

It\u2019s not limited to what happens in the office. It can occur at:<\/span><\/p>

  • Company events<\/span>

    <\/span><\/li>
  • Over messaging apps like WhatsApp<\/span>

    <\/span><\/li>
  • During work-related travel<\/span>

    <\/span><\/li>
  • Or any situation involving members of the work environment<\/span>

    <\/span><\/li><\/ul>

    Who can file a complaint?<\/b><\/p>

    Anyone who becomes aware<\/b> of a sexual harassment case can report it\u2014not just the direct victim.<\/span>
    <\/span> The complaint can be submitted <\/span>orally, in writing, or electronically<\/b>, and it <\/span>does not require<\/b> going through internal company channels first.<\/span><\/p>

    What does Law 2365 require from employers?<\/b><\/h2>

    The law imposes the following obligations on <\/span>all employers and contractors<\/b>, without exception:<\/span><\/p>

    1. Prevention<\/b><\/h3>

    Implement collective action campaigns to promote a workplace free from violence. It\u2019s not enough to have a policy on paper\u2014there must be real cultural change.<\/span><\/p>

    2. Protection<\/b><\/h3>

    Guarantee a safe space for the person filing the complaint, <\/span>free from retaliation<\/b> or forced interaction with the accused.<\/span><\/p>

    3. Response<\/b><\/h3>

    Provide clear protocols, legal and psychological support, and access to formal complaint mechanisms <\/span>without delays or barriers<\/b>.<\/span><\/p>

    What if no complaints have been filed in my company?<\/b><\/p>

    Even if there are <\/span>no active complaints<\/b>, you are still required to file a <\/span>biannual report<\/b>.<\/span>
    <\/span> In that case, you must file a <\/span>zero report<\/b>, stating that no incidents have occurred.<\/span><\/p>

    The <\/span>first report is due by June 30, 2024<\/b>, with subsequent reports every six months thereafter.<\/span><\/p>

    \u26a0\ufe0f <\/span>Failure to submit the report can lead to penalties<\/b>, which vary depending on the size of your company.<\/span><\/p>

    Who is protected by this law?<\/b><\/p>

    The law protects <\/span>everyone involved in the work environment<\/b>: employees, contractors, interns, trainees, suppliers, etc.<\/span>
    <\/span> It also applies to <\/span>any location related to work<\/b>, such as:<\/span><\/p>

    • Offices<\/span>

      <\/span><\/li>
    • Restrooms<\/span>

      <\/span><\/li>
    • Break rooms<\/span>

      <\/span><\/li>
    • Work-related travel<\/span>

      <\/span><\/li>
    • Work chats or messaging apps<\/span>

      <\/span><\/li>
    • Shared accommodations during business trips<\/span>

      <\/span><\/li><\/ul>

      What rights does the law guarantee?<\/b><\/p>

      In addition to outlining employer obligations, Law 2365 of 2024 <\/span>guarantees rights for both victims and those under investigation<\/b>, ensuring a fair and balanced process.<\/span><\/p>

      Victims have the right to:<\/b><\/h3>
      • Access to justice<\/span>

        <\/span><\/li>
      • Protection from retaliation<\/span>

        <\/span><\/li>
      • Truth, reparation, and non-repetition<\/span>

        <\/span><\/li>
      • No forced interaction with the accused<\/span>

        <\/span><\/li>
      • Comprehensive health support<\/span>

        <\/span><\/li>
      • A life free from violence<\/span>

        <\/span><\/li><\/ul>

        Persons under investigation have the right to:<\/b><\/h3>
        • Presumption of innocence<\/span>

          <\/span><\/li>
        • Due process<\/span>

          <\/span><\/li>
        • Access to the facts of the case<\/span>

          <\/span><\/li>
        • Legal defense and confidentiality<\/span>

          <\/span><\/li><\/ul>

          What if an employee is fired after filing a harassment complaint?<\/b><\/p>

          Law 2365 of 2024 clearly states that <\/span>no person can be dismissed, transferred, or punished<\/b> as a result of filing a sexual harassment complaint.<\/span><\/p>

          Doing so not only <\/span>re-victimizes<\/b> the person but can also result in <\/span>serious disciplinary consequences<\/b> for those responsible and <\/span>hefty financial penalties<\/b> for the company.<\/span><\/p>

          Penalties for non-compliance<\/b><\/p>

          Companies that retaliate against employees or fail to meet the law\u2019s obligations may face the following fines, depending on their size:<\/span><\/p>

          • Microenterprises:<\/b> 1 to 1,250 daily legal minimum wages<\/span>

            <\/span><\/li>
          • Small businesses:<\/b> 1,251 to 2,500 daily legal minimum wages<\/span>

            <\/span><\/li>
          • Medium businesses:<\/b> 2,501 to 3,750 daily legal minimum wages<\/span>

            <\/span><\/li>
          • Large companies:<\/b> up to 5,000 daily legal minimum wages<\/span>

            <\/span><\/li><\/ul>

            This law aims to make the workplace a <\/span>safe, respectful, and fair environment<\/b> for everyone.<\/span><\/p>

            If you don\u2019t know how to file the report, how to start adjusting your internal policies, or simply want to avoid future risks, <\/span>Nexo Legal can help<\/b>.<\/span><\/p>

            \ud83d\udc49 Have questions about how to comply with the law? <\/span>Send us a message and schedule a consultation.<\/b>
            <\/b> At <\/span>Nexo Legal<\/b>, we\u2019re here to guide you.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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