Workplace Sexual Harassment: Evidence Standards, Constructive Dismissal, and Damages
Workplace Sexual Harassment violates ILO Convention 190 and Art. 75 LCT, authorizing constructive dismissal with full Art. 245 severance and independent emotional distress damages.
Experiencing workplace sexual harassment at work?
Halt workplace hostility and enforce your rights with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- ILO Convention 190 Protection: International statutory framework combating workplace abuse.
- Full Severance plus Tort Damages: Recover Art. 245 severance and emotional distress compensation.
- Digital and Forensic Evidence: WhatsApp logs and psychological reports verify hostile patterns.
1. Statutory Anti-Harassment Framework (ILO Conv. 190 & LCT)
Workplace mobbing, psychological abuse, and sexual harassment constitute egregious violations of employee bodily and mental integrity under ILO Convention 190, Gender Protection Law 26,485, and Article 75 of the Argentine Employment Contracts Act (employer duty of safety and indemnity).
2. Demand Telegrams, Constructive Dismissal, and Pain & Suffering Damages
Statutory demand telegrams grant 48 hours to cease hostile behavior under penalty of constructive dismissal (Articles 242 & 246 LCT). Lawsuits recover 100% of Article 245 seniority severance plus independent tort damages for emotional distress and psychological harm.
Frequently Asked Questions
How do I prove harassment if incidents occurred in private?
Through WhatsApp chat logs, emails, coworker witness accounts of behavioral shifts, and forensic psychological evaluations.
What compensation is awarded for workplace harassment?
Full Article 245 seniority severance, notice pay, plus substantial tort damages for pain, suffering, and therapy costs.
Can I hold corporate officers personally liable?
Yes. Direct perpetrators and compliant corporate officers face joint and several tort liability under Civil Code Article 1757.
Does workers comp (ART) cover psychological leave?
Work-induced psychiatric conditions (depression, PTSD) can be claimed as unlisted occupational diseases before the SRT.