PROTOCOL AGAINST WORKPLACE HARASSMENT, SEXUAL HARASSMENT, AND GENDER-BASED HARASSMENT
WORKPLACE, MORAL, SEXUAL, AND GENDER-BASED HARASSMENT PROTOCOL
The Organic Law 3/2007, of March 22, for the effective equality between men and women, establishes in Article 48 that companies must promote working conditions that prevent sexual harassment and gender-based harassment and implement specific procedures for their prevention and for addressing complaints or claims from those affected.
Is It Mandatory for Companies to Have a Workplace Harassment Protocol?
YES. Having a workplace harassment protocol is mandatory for all companies, regardless of their workforce size. This means that every company with employees must have a protocol that not only includes measures to prevent harassment but also defines the procedures to follow in cases of workplace harassment, both for employees and the company itself.
What Are the Penalties for Not Having a Workplace Harassment Protocol?
Workplace harassment is not only detrimental to businesses, affecting the work environment and employee productivity, but it can also be classified as a criminal offense, even leading to prison sentences.
Failure to comply with the obligation to have a workplace harassment protocol may result in:
✅ Fines imposed by labor authorities.
✅ Legal complaints filed in court.
The fines established by the Law on Infractions and Sanctions are:
- Minor offenses: Fines from €7,501 to €30,000
- Serious offenses: Fines from €30,001 to €120,005
- Very serious offenses: Fines from €120,006 to €225,018
What Is the Minimum Required Content of a Workplace Harassment Protocol?
Appointment of a committee or an investigator to handle cases.
Development of internal regulations and preventive measures to establish clear company policies and prevention strategies.
Confidential and accessible internal reporting channel for victims to report harassment cases quickly and safely.
Communication of the measures to all employees, ensuring awareness and compliance.
How Can We Help You?
At ASEFICO CONSULTING, our team is ready to assist you in implementing an effective workplace, moral, sexual, and gender-based harassment protocol. Additionally, we provide a customized protocol model adapted to current regulations.
Contact us to inquire about our services and fees. We are here to help you comply with legal obligations and ensure a safe and respectful work environment.