The protocol against harassment is a mandatory plan for companies, which must be implemented and followed to prevent, avoid, or eliminate all forms of harassment in the workplace. This includes harassment based on sex, sexual harassment, moral harassment, discrimination based on sexual orientation, and cyberbullying—which has increased due to the widespread use of technology and exposure on social media. Its objective is to eliminate harmful behaviors that affect both employees and the company itself, which has the responsibility to ensure the physical and psychological well-being of its staff.
Article 48 of Law 3/2007 states that all companies must adopt specific measures to prevent the commission of offenses and other behaviors that threaten sexual freedom and moral integrity in the workplace:
“1. Companies must promote working conditions that prevent the commission of offenses and other behaviors against sexual freedom and moral integrity in the workplace, with special attention to sexual harassment and harassment based on sex, including those committed in the digital environment. To this end, measures may be established, which must be negotiated with workers’ representatives, such as the development and dissemination of codes of good practice, awareness campaigns, or training initiatives.
2. Workers’ representatives must contribute to the prevention of offenses and other behaviors against sexual freedom and moral integrity in the workplace, with particular attention to sexual harassment and harassment based on sex, including those committed in the digital environment, by raising awareness among workers and informing management of behaviors they become aware of that may lead to such situations.”
Therefore, anti-harassment measures must be implemented in all companies, regardless of their size. This means both a business with a single employee and one with 500 employees must have such measures in place.
What happens if a company decides not to implement this Protocol?
Applicable sanctions vary depending on the severity of the offense, as outlined in la Ley de Infracciones y Sanciones en el Orden Social (Law on Infractions and Sanctions in the Social Order):
- Minor offenses: these are subject to minimum fines of €70 to €150, average fines of €151 to €370 and maximum fines of €371 to €750.
- Serious offenses: these are subject to minimum fines of €751 to €1,500, average fines of €1,501 to €3,750 and maximum fines of €3,751 to €7,500.
- Very serious offenses: these are subject to minimum fines of €7,501 to €30,000, average fines of €30,001 to €120,005 and maximum fines of €120,006 to €225,018.
It is important that not only employees but also the company comply with the plan. If negligence on the part of the company is proven, the responsible parties may even face criminal liability. While this is not a sanction in itself, it can seriously damage the company’s public image and the trust of both clients and employees.
Who is responsible for developing the Protocol?
First, it’s important to distinguish between companies with and without an Equality Plan.
The Equality Plan is mandatory for companies with more than 50 employees.
If the company has such a plan, the harassment protocol is incorporated into it and must be negotiated through a Negotiating Committee, composed of three members and one substitute.
If the company does not have an Equality Plan, it must negotiate with the legal representatives of the workers or union representatives, and for this, an instructor is required.
The commission or instructor is responsible for receiving complaints or reports of harassment and initiating the protocol of action against harassment.
Conclusion
In short, the absence of a protocol against workplace harassment is not only a legal violation but can also lead to significant financial, legal, and reputational consequences for companies. This underscores the importance of implementing and maintaining an adequate regulatory framework to ensure a safe and respectful working environment. Please find below the protocol template.
Elena Sanchez