The workplace harassment protocol, an unavoidable obligation

Work is a place where we spend a large part of our time and, therefore, it must be a safe and healthy environment. For this reason, the design and implementation of a workplace harassment protocol has become an unavoidable obligation for any company.

We explain everything you need to know about this matter.

What is the workplace harassment protocol?

The mandatory workplace harassment protocol is a detailed document that establishes the procedures to be followed in the event of allegations or suspicions of harassment in the company.

It includes mechanisms for prevention, detection and action in the event of possible situations of harassment, whether psychological, physical or sexual. Its objective is, therefore, to eradicate harmful behaviors that harm both the workers who suffer them and the company itself, which is responsible.

the physical and psychological well-being of its employees.

The regulations require that this protocol be accessible to all employees and that a zero tolerance culture is actively promoted. It must be aligned with current laws and be reviewed periodically to ensure its effectiveness and updating in the face of new challenges.

Furthermore, it is not enough to have a harassment plan: the company must carry out an information task and there must be actual implementation and monitoring of this type of action to activate the protocol when necessary.

The employer must not lose sight of the fact that all actions that occur outside the employment relationship must also be avoided and are subject to reporting. And cyberbullying, which is becoming increasingly frequent, must also be taken into account.

An important aspect is the ongoing training of staff on how to identify and report cases of harassment. Likewise, it is necessary to clearly specify the consequences and sanctions in case of such conduct, creating an environment of deterrence for inappropriate behavior.

Mandatory

Since 2024, all companies are required to have a protocol for preventing and responding to workplace harassment. This obligation is indirectly included in the Workers' Statute, ET. The right of employees to their physical integrity and to an adequate policy for preventing occupational risks is also guaranteed. It should be remembered that situations of harassment are an occupational risk and that the company's liability arises both from action and omission.

How to develop the protocol

Developing a workplace harassment protocol involves following a series of steps carefully designed to cover all the necessary legal and practical aspects.

Sanctions

Workplace harassment is not only a problem for companies, as it directly affects the work environment and performance of the affected workers, but in some cases it can become a crime prosecuted by the courts, which includes prison sentences. Therefore, if a company does not comply with the obligation to have a protocol for workplace harassment, it can be sanctioned by the labor authority, in addition to being reported to the courts.

The penalties that can be imposed on companies vary depending on the seriousness of the facts. According to the Law on Infractions and Sanctions, they range from 7,501 euros for minor infractions to 225,018 euros for very serious ones.

These are only administrative sanctions, if the case reaches the courts, the fines imposed by the court on the company would have to be added. In addition to this, the company could also lose any aid or bonuses it received and not be able to apply for them again for a period of between two and six years.

If you need more information or want to implement the workplace harassment protocol in your company, do not hesitate to contact DADES I SERVEIS .