On March 20, 2023 Ordinance no. 4.219/2022 of the Ministry of Labor and Social Security that alters CIPA's nomenclature in regulatory rules, establishing measures to prevent and combat sexual harassment and other forms of violence within the work.

Law no. 14,457, in force since September 2022, which established the Employment + Women Program, changed art. 163 of the CLT, establishing new attributions to CIPA, which has been called the Internal Commission for Accident Prevention and Harassment.

art. 23 of that law already provided for the measures that should be observed by the companies, which were included in regulatory standard no. 1 by Ordinance no. 4,219/2022, and which should be implemented from 03/20/2023, namely:

a) Inclusions of rules of conduct on sexual harassment and other forms of violence in the company's internal rules, with wide dissemination of its content to employees and employees;

b) Fixing procedures for receiving and monitoring complaints, to determine the facts and, when necessary, the application of administrative sanctions to direct and indirect responsible for the acts of sexual harassment and violence, ensuring the anonymity of the complainant person, without prejudice to appropriate legal procedures;

c) Perform, at least every 12 (twelve) months, training, guidance and awareness of employees and employees on topics related to violence, harassment, equality and diversity in the workplace, in affordable formats, appropriate and that have maximum effectiveness of such actions.

Regulatory Standard no. 5 It states that CIPA aims to prevent work -related accidents and diseases, in order to make work with the preservation of life and promotion of worker health permanently compatible. Therefore, it provides for the need for specific training on the prevention and combating sexual harassment and other forms of work violence, which should involve all sectors of companies, with different approaches, languages and content, depending on the industry.

It is expected that the rule encourages companies to investigate complaints, certifying or pointing out inconsistencies, in order to provide subsidies for strategic decision making. With this, not only will the law be fulfilled, but more ethical, productive and egalitarian work environments will be fulfilled.

Flavia Alejandra Fernández de Goes

Lawyer