We remind again the legal obligation of all companies, regardless of the number of workers, to have a PROTOCOL OF ACTION AND PREVENTION OF LABOR HARASSMENT.
The Labor Inspectorate is sanctioning companies for not having a workplace harassment protocol in the company when a worker has filed a complaint for alleged workplace harassment and the company has not activated the protocol to find out what happened.
Companies are obliged to create and maintain, with all the measures within their reach, a work environment where the rights of the people who work in the company are respected and that is why they must have a protocol of action when a complaint is filed by a worker who informs the company that he/she is being harassed at work.
The purpose of this protocol is to establish an action procedure for any type of workplace violence, so that, in the event that any employee of the company detects or considers that he/she is subject to any manifestation of workplace violence, he/she can make use of it, carrying out the necessary actions to clarify the existence or not of a case of workplace violence, so that, if necessary, the appropriate measures are adopted, guaranteeing the right to a healthy and safe working environment for the staff.
If the company has not established this protocol against harassment in the workplace, the Labor Inspectorate may sanction it for committing a very serious infraction in the social order.
Recently, new obligations of specific protocols against LGTBI harassment and also for domestic employees have been established.
Protocol against LGTBI harassment
Law 4/2023 for the real and effective equality of trans persons and for the guarantee of the rights of LGTBI persons establishes the obligation to have a protocol against LGTBI harassment in all companies regardless of the number of employees.
The protocol against LGTBI harassment is a set of measures and actions that aim to ensure equal treatment and non-discrimination on grounds of sexual orientation and gender identity in different areas of life, such as labor, education, health and social.
These are the basic objectives:
- Promote equality and respect towards LGTBI people.
- Prevent discrimination and harassment based on sexual orientation and gender identity.
- Encourage the creation of safe and inclusive spaces for all people.
The implementation of the LGTBI Protocol can generate various benefits, both for LGTBI people and for the companies and organizations that adopt it. Among these benefits we can highlight:
- Improvement of the work climate and coexistence.
- Increased productivity and performance.
- Improvement of the public image of the company or organization.
- Attraction and retention of talent.
Mandatory harassment protocol for domestic workers
Royal Decree 893/2024, of September 10, which regulates the protection of health and safety in the area of family household services, extends this protection to workers who provide services in the domestic sphere.
It should be clear that the reference to violence and harassment includes the following types:
- Sexual harassment.
- Harassment based on racial or ethnic origin, nationality, sex, sexual identity or orientation or gender expression.
The protection of workers is improved and expanded, with emphasis on the following aspects:
- The abandonment of the domicile by the worker who suffers violence or harassment may not be considered as resignation.
- Abandonment for this reason may not be grounds for dismissal.
- The worker who suffers this type of situation will have the possibility of requesting the termination of the employment contract in accordance with the provisions of Article 50 of the Workers’ Statute (just cause for the employee to terminate his/her employment relationship with the right to the compensation provided for unfair dismissal).
- Right to request precautionary measures in the event of a lawsuit.
Finally, to comply with the provisions on this matter in this regulation, a maximum period of 1 year is established, from the publication of this regulation, for the National Institute for Safety and Health at Work to draw up a protocol for action in situations of violence and harassment in the service of the family home.
This protocol must comply with the duties of information provided for in this regulation, so that the employer must ensure that workers have at their disposal all the necessary information on this issue.
From the labor legal department of Gremicat we help to develop, elaborate and implement a protocol of prevention and action against harassment situations in the workplace of the company, against LGTBI harassment and for domestic employees.
For more information, please contact our Legal Department
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