Reforms Against Workplace Violence: What HR Leaders Need to Know in 2026

In 2026, Mexican organizations will face an unprecedented regulatory shift that completely redefines how violence in the workplace is understood and managed. What was previously classified as a “disagreement between colleagues” or a “normal disciplinary measure” could now become a direct criminal liability for the company. This change is significant: it means that Human Resources departments will be on the front lines of a strategic transformation that will impact every process, policy, and decision within the organization.

Mexican authorities and agencies have significantly expanded the definition of what constitutes violence in the workplace. Under this new framework, workplace violence goes beyond obvious physical assaults and includes any action or omission that involves abuse of power within the work environment, damaging the integrity, health, freedom, or rights of employees.

How Workplace Violence Is Defined Under the New Mexican Regulations

The Ministry of Labor and Social Welfare, through NOM-035, has established that violence at work encompasses acts of harassment, bullying, and mistreatment that affect individuals’ physical and emotional well-being. However, its scope is much broader: it includes structural discrimination, systematic exclusions, and practices that deeply deteriorate the professional experience, even if these are more subtle than direct aggression.

Common manifestations include workplace harassment and bullying—repeated behaviors that undermine dignity and emotional stability—gender-based violence and discrimination disproportionately affecting women and vulnerable groups, and mistreatment resulting from abuse of power that erodes self-esteem and employee confidence.

What’s important is that this violence not only causes individual harm but also erodes the entire organizational culture, degrades the work environment, and destroys collective trust. Therefore, regulatory changes are not merely administrative; they are strategic imperatives.

New Prevention Obligations for Organizations

Although some of these legislative changes are still in progress, the trend is clear: organizations must move beyond reactive and corrective approaches to adopt proactive and systematic strategies. Compliance is no longer optional; it is essential to avoid legal sanctions, reputational risks, and potentially criminal consequences.

Initiatives organizations can implement now include designing and deploying robust protocols to prevent, address, and sanction violent behaviors, with explicit guarantees of confidentiality and protection against retaliation. Regular training for all staff, especially managers and leaders, must be ongoing and focused on recognizing destructive behaviors and clear response mechanisms.

It is equally crucial to scientifically and periodically diagnose psychosocial risk factors to identify patterns of structural violence that may not be immediately apparent. Incorporating violence prevention into leadership performance evaluations—using clear metrics related to respectful treatment and conflict management—is a way to align incentives with organizational values.

Reporting channels should be multiple, secure, and accessible—digital, anonymous, direct—with transparent case follow-up and communication protocols that respect employees’ privacy and integrity. Remote and hybrid work policies also require urgent review to ensure they address digital violence and technology-mediated harassment.

Alignment with International Standards

Organizations seeking to stay ahead should align their internal policies with international standards promoted by the International Labour Organization, which recognizes violence and harassment as practices that must be systematically prevented, reduced, and eradicated.

Strengthening collaboration between compliance departments and legal teams allows for more effective risk anticipation and enhances response mechanisms. Implementing professional psychosocial support for affected individuals—legal advice, therapeutic assistance, and ongoing follow-up—is both an ethical obligation and an investment in talent retention.

Finally, auditing and transparently reporting results with public indicators and periodic effectiveness reviews build internal and external trust.

The Transformative Role of Leadership in HR and Legal

The Mexican government, aligned with international standards, has shifted from a purely administrative approach to one that is sanctioning, shared-responsibility, and potentially criminal. This means that legal departments within organizations must become architects of prevention: translating judicial criteria, legislative initiatives, and emerging norms into agile and executable internal policies.

This new phase requires genuine shared responsibility between Human Resources and legal teams, operating as a unified early warning system. Legal must anticipate risk scenarios, map criminal and labor implications, and support HR in designing protocols, internal investigations, and disciplinary schemes with due process, human rights considerations, and complete documentation traceability.

Leadership in these departments must understand that preventing workplace violence is not just about regulatory compliance: it is a strategic asset that attracts, retains, and motivates quality talent. Organizations leading this change will gain significant competitive advantages, while those ignoring these transformations will face increasing legal, reputational, and operational risks in the coming years.

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