¿Nuevas normas o viejos conceptos? El acoso laboral en el entorno digital

Abstract

The digital transformation of employment relationships has redefined the ways in which managerial authority and subordination are exercised, shifting a significant portion of work performance to virtual environments where new forms of workplace harassment have emerged, including cyberbullying, digital ostracism, disproportionate technological surveillance, and violations of the right to disconnect. However, the Colombian legal framework, which was largely designed around a traditional in-person model of work, presents significant limitations in preventing, sanctioning, and effectively remedying these forms of misconduct. These shortcomings reveal regulatory gaps in relation to the standards established by the International Labour Organization’s Convention No. 190, evidentiary challenges arising from the employer’s control over technological infrastructure, and institutional weaknesses in internal prevention mechanisms. Against this background, this research examines whether the Colombian legal system provides adequate protection against workplace harassment in digital environments and proposes a systematic reinterpretation of the existing legal framework, together with legislative and institutional reforms aimed at ensuring effective protection of workers’ dignity, mental health, and fundamental rights within the digital economy.