NEW LABORAL LINEAMENTS AGREED MDT-2025-102
The Ministry of Labour on Friday, 22 August 2025 issued the MDT-2025-102 Agreement containing the Standard for the Prevention and Care of All Cases of Discrimination, Violence and Harassment in the Private Sector.
Among the important points are:
- The employer shall develop and implement annually, in accordance with the technical regulations in force, the following:
1.1) Internal Protocol on the Prevention and Eradication of Discrimination, Violence and Harassment of Workers (to be registered on the platform of the Ministry of Labour in the format provided for this) and,
(1.2) Programme for the Prevention of Psychosocial Risks to prevent and mitigate psychosocial risks.
An employer who does not submit the measures taken in the Protocol and in the Programme is to be punished as determined by the rule.
- It is prohibited in staff selection processes to request the following information:
2.1) Evidence or results of pregnancy;
2.2) Information concerning marital status;
2.3) Age requirements,
2.4) Sex,
(2.5) Etnia,
2.6) Gender identity,
2.7) Religion
2.8) Test for the detection of diseases, including HIV-AIDS
2.9) Require the worker living with HIV to report on his or her state of health,
2.10) To violate the confidentiality and privacy of personal data,
2.11) Information of any kind about your judicial past
2.12) Information of any kind relating to trade union activities;
2.13. Private insurance policies for degenerative or catastrophic diseases; and
2.14) Require on the life sheet a photograph or any personal data not working
This prohibition is directly related to the provisions of the Personal Data Protection Act concerning restrictions, treatment and care for sensitive information. Failure to do so could lead to labour and data protection complaints.
- Working disconnection does not apply to:
3.1) Workers in positions of trust or management;
3.2) Situations of force majeure or fortuitous case, in addition to situations that are required to perform extra duties of collaboration, when necessary for continuity of service or emergency
3.3) The acceptance, expressed or tacit, of the request for the execution of work activities outside the working day.
In such cases, appropriate payments as indicated in the Labour Code should be considered.
- Once the employer has determined to commit violence or harassment by means of an administrative decision issued by the Regional Director of Labour, the worker shall be entitled to the provisions of article 173 of the Labour Code and to request the commencement of the approval process.
- Once the worker has determined to commit violence or harassment at work by administrative decision issued by the Regional Director of Labour, the employer shall be entitled to the provisions of article 172 of the Labour Code and to request the commencement of the approval process.
The employer has a period of 60 days from the entry into force of the Ministerial Agreement, to adapt the Programme for the Prevention of Psychosocial Risks and the Internal Protocol for the Prevention and Eradication of Discrimination, Violence and Harassment at Work.
