New obligations in relation to the prevention of harassment in the workplace

Prevencion acaso laboral
Labor News

Protocols and regulations

Next October 7, 2022, the new protocols and regulations on workplace harassment in the company come into force, which implies new obligations for companies:

  1. All companies (and not only those obliged to have an equality plan) must promote working conditions that prevent the commission of crimes against sexual freedom and moral integrity at work.
  2. They should establish specific procedures for (a) the prevention of harassment, (b) to channel complaints or claims from workers who have been subjected to such conduct, (c) including those that occur in the digital environment.
  3. To this end, companies may establish different measures to be negotiated with workers’ representatives in the company, if any, such as:
    • Codes of good practices
    • Information campaigns
    • Action protocols
    • Training actions
  4. Employees’ representatives must contribute to prevention of harassment and are obliged to inform the company’s management of any conduct or behavior of which they are aware that may be conducive to prevention.
  5. This obligation concerns both companies and public administrations.
  6. In compliance with these obligations, companies should establish Harassment Protocols that allow them to deal with complaints or claims in a transparent manner to comply with the regulations and establish the procedures required by law.
  7. Harassment at work and sexual harassment that occurs within the scope of the company’s powers and provided that the company does not adopt the necessary measures to prevent it, constitutes a very serious labour offence. And being an offence in the area of occupational risk prevention, it is punishable by a fine of between €49,181 and €983,736.

The labour area of UHY Fay & Co offers its clients specialized services in the design, implementation, and collective negotiation of Harassment Protocols in the company, which adjust to the needs of the organization, reducing the risks derived from the situation described above.

Fe LópezFe López

Partner, Lawyer specialized in Labour Law



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