Mandatory under Article 132-XXXI LFT (in force since 01.05.2019), to be agreed with the workers. Non-compliance is subject to fines of 50–5,000 UMA. Covers both hostigamiento (vertical, by a superior) and acoso (horizontal, between peers).
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PROTOCOL AGAINST WORKPLACE VIOLENCE, HARASSMENT AND HOSTIGAMIENTO (PROTOCOLO CONTRA VIOLENCIA, ACOSO Y HOSTIGAMIENTO)
Work centre: Work centre name Approved on: Approved on
1. LEGAL BASIS 1.1. Under Article 132-XXXI of the Ley Federal del Trabajo (LFT), introduced by the labour reform in force since 01.05.2019, every employer must implement a protocol to prevent discrimination by reason of gender and to address cases of violence, harassment (acoso) and hostigamiento in the workplace. 1.2. ⚠️ Non-compliance is subject to fines of 50 to 5,000 UMA. The Secretaría del Trabajo y Previsión Social (STPS) publishes a modelo de protocolo that may be used as a reference.
2. SCOPE AND DEFINITIONS 2.1. Scope of application (ámbito): Scope of application (ámbito) 2.2. Definitions: Definitions (acoso, hostigamiento, violencia laboral) — this protocol distinguishes HOSTIGAMIENTO (exercised by a person with a hierarchical position of authority over the victim) from ACOSO (a hostile form of conduct exercised without a subordination relationship, e.g. between peers).
3. COMPLAINT PROCEDURE 3.1. Complaint procedure (procedimiento de denuncia) 3.2. Receiving person/committee (persona o comité receptor): Receiving person/committee (persona o comité receptor)
4. PROTECTIVE MEASURES AND SANCTIONS 4.1. Protective measures for the complainant during the investigation: Protective measures for the complainant 4.2. Applicable sanctions for confirmed cases: Applicable sanctions
5. CONSULTATION 5.1. Consultation with workers
Approved by ______________ / on behalf of Work centre name /
— — — ⚠️ This is a boilerplate template, not legal advice. Mexican labour, social-security, data- protection and consumer-protection law (the Ley Federal del Trabajo — LFT — including its Article 47 grounds for rescission, its Article 422–425 Reglamento Interior de Trabajo regime as updated by the "Ley Silla" decree of DOF 19.12.2024 (fully in force since 15.12.2025), and its Article 132-XXXI anti-harassment mandate; the Ley del Seguro Social — IMSS registration (alta) within 5 business days of Article 15; NOM-035-STPS-2018 on psychosocial risk factors; the new LFPDPPP, DOF 20.03.2025, under which the INAI was dissolved in favour of the Secretaría de Anticorrupción y Buen Gobierno; and the Ley Federal de Protección al Consumidor — LFPC) is highly procedural, tied to fixed statutory deadlines (e.g. IMSS alta before/within 5 business days of the start of work, personal delivery of an aviso de rescisión at the moment of dismissal or via the Tribunal within 5 business days, a 30-day limitation period under Article 517 LFT, a 5-business-day withdrawal right for distance sales) and to penalties denominated in UMA (Unidad de Medida y Actualización, re-indexed annually by INEGI), not in salario mínimo. ⚠️ ADDITIONAL CONTEXT TO VERIFY WITH YOUR ADVISORS: (1) the constitutional reform gradually cutting the legal workweek — 2026: 48h → 2027: 46h → 2028: 44h → 2029: 42h → 2030: 40h — was enacted in 2026 and introduces a duty to keep an ELECTRONIC record of working time (registro de jornada); confirm your current schedule and time-tracking compliance; (2) the "Ley Silla" decree is fully in force since 15.12.2025 — confirm your Reglamento Interior de Trabajo has been updated with seating/ rest-period provisions and re-deposited at the CFCRL if amended; (3) the new LFPDPPP (in force since 21.03.2025) is still in a transitional period — subordinate regulations (reglamento) and the practice of the Secretaría de Anticorrupción y Buen Gobierno are still developing; any aviso de privacidad still referencing the defunct INAI must be updated; (4) the 2021 outsourcing reform (REPSE) prohibits labour subcontracting outright and requires any specialised-services contractor (cleaning, security, etc.) to hold a valid REPSE registration, on pain of joint liability and fines of 2,000–50,000 UMA — verify contractor status separately if relevant; (5) CFDI 4.0 payroll stamping (CFDI de nómina), SAT filings and IMSS/INFONAVIT contributions (via IDSE/SUA) are issued through your accountant's (contador) authorised systems and are OUT OF SCOPE for this template — a contador is a de facto mandatory partner for any business with employees. This English text is a DRAFTING AID ONLY. It must be reviewed, translated into Spanish where required for validity/ enforceability, and adapted by a Mexican labour/commercial lawyer (abogado) and accountant (contador) — and checked against current guidance from the STPS, IMSS, the Secretaría de Anticorrupción y Buen Gobierno, PROFECO and the applicable Centro de Conciliación — before use.
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