Colombia: New Sanctions Introduced for Unfair Dismissal of Workplace Sexual Harassment Whistleblowers

The Ministry of Labour has issued a new regulatory decree setting out rules on sanctions for employers who dismiss whistleblowers reporting possible cases of sexual harassment in the workplace.

On April 1st, the Ministry of Labour issued Decree 0405 of 2025, which outlines the sanctions for employers who dismiss workers without just cause after reporting sexual harassment in the workplace. This decree complements and further regulates the provisions set forth in Law 2365 of 2024, which provides mechanisms for preventing and protecting individuals from sexual harassment in both work and academic environments.

Under the regulation, if an employee files a sexual harassment complaint, they cannot be dismissed for six (6) months from the date of the complaint unless there is just cause. This protection also extends to witnesses of the alleged incident. Additionally, the regulation establishes a legal presumption that any dismissal within this period is retaliatory, which could result in fines for the employer.

The Ministry’s decree sets out specific criteria for calculating fines imposed on employers who dismiss workers without just cause after they have filed a sexual harassment complaint. The penalties are determined based on the company’s size and can range from 1 to 5,000 legal daily minimum wages. The value of the fine will consider factors such as the number of workers, the annual income, and the economic capacity of the organisation, as outlined in Law 590 of 2000 and Decree 957 of 2019.

Please note that these measures apply only to private-sector employers.