Global Perspectives on Workplace Well-Being and Harassment: Key Takeaways from WLG’s L&E Group

At the September virtual meeting of WLG's Labor & Employment Group, members compared how harassment and workplace well-being are regulated and managed around the world. The discussion highlighted both country-specific frameworks and common challenges that employers and firms face globally.

• Definitions of harassment are expanding across jurisdictions. Members noted a shared trend: laws increasingly include bullying, psychosocial harm, and excessive work pressure, not just sexual harassment. Employers everywhere are under a growing obligation to provide psychologically safe workplaces.
• Belgium has one of the broadest approaches, treating "abnormal psychosocial load" as a form of harassment. Complainants and witnesses are protected against dismissal, and confirmed cases result in an automatic six-month salary penalty.

• Germany applies its General Equal Treatment Act to prohibit harassment and sexual harassment, with employers required to maintain policies, hotlines, and investigative procedures to ensure safe workplaces.

• Philippine law mandates an internal committee (CODI) led by women to investigate and resolve harassment claims within ten days, creating very short timelines and shifting external counsel toward training and compliance support.

• Costa Rica requires that sexual harassment complaints be submitted to a commission involving the Labor Ministry. Courts are also scrutinizing whether employers provide adequate mental-health support, expanding expectations beyond legal compliance.

• Brazil combines labor and criminal frameworks, recognizing harassment in all directions (manager to employee, peer to peer, etc.). A 2023 law requires annual training, anonymous reporting channels, and anti-violence policies. Beginning in 2026, employers must also include psychosocial risk in their risk-management programs.

• Italy has implemented EU whistleblowing and health and safety directives, emphasizing workplace training, cultural sensitivity, and well-being programs regardless of whether lawyers are employees or independent contractors.

• Portugal defines harassment broadly in its labor code and protects employees from dismissal after filing a complaint. Courts have been increasingly willing to recognize harassment while still affirming that legitimate performance management is not automatically harassment. 

Shared Observations Across Jurisdictions

• Law firm structures influence which protections apply. In many countries (Belgium, Portugal, Italy), lawyers are considered independent contractors, while others (Germany, Brazil, Costa Rica) use mixed or employee models. Despite these differences, firms are converging on internal safeguards such as trusted persons, whistleblowing channels, or investigative procedures.
• Workload and "always-on" communications are driving complaints globally. Members from Malaysia, Brazil, Costa Rica, and Belgium all reported claims linked to late-night emails, multi-channel communication, or excessive psychosocial load. More explicit norms around response times are becoming part of risk management.

• Retention depends increasingly on well-being and flexibility. Across jurisdictions, members agreed that younger lawyers and employees leave quickly when dissatisfied. Some emphasized flexibility and wellness over compensation, while others underscored the need for tailored approaches to address generational differences.

• Investigation practices are maturing. In some jurisdictions, external counsel are often engaged to conduct or support investigations, but concerns arise when the same counsel also advises on dismissal decisions. In others, where the law requires in-house committees, external counsel increasingly focus on designing procedures, training internal teams, and advising on escalation.

Bottom Line

Across regions, employers and firms are being held to higher expectations on harassment and workplace well-being. While the legal frameworks vary, members agreed that the direction of travel is the same: broader definitions of harm, stronger protections for complainants, and a cultural shift that prioritizes flexibility, mental health support, and transparent investigations as core elements of both compliance and talent retention.