Workplace Harassment Protocol: A Legal Duty for Every Company in Spain

A duty for every company

Having an action protocol against workplace and sexual harassment is not optional in Spain: it is a legal obligation that applies to any company, including small and medium-sized businesses. The foundation lies in Organic Law 3/2007 on the effective equality of women and men, which requires all companies to promote working conditions that prevent sexual harassment and harassment based on sex, and to establish specific procedures to prevent it and to channel complaints.

Organic Law 10/2022 on the comprehensive guarantee of sexual freedom, known as the only yes means yes law, strengthened these obligations and broadened companies' duty to promote safe environments, making awareness and training central pillars of prevention.

What the protocol must contain

A well-designed protocol must be clear, accessible and known to all staff. At a minimum it should include:

• A statement of principles and a zero-tolerance commitment toward any harassing conduct.
• Precise definitions of workplace harassment, sexual harassment and harassment based on sex.
• A clear scope: all staff, including temporary workers, interns and external personnel.
• A complaints procedure with deadlines, confidentiality guarantees and protection against retaliation.
• Precautionary measures and the applicable disciplinary regime.

The complaints channel

The protocol must set up a secure and confidential communication channel for filing complaints. This channel should guarantee anonymity when requested, a prompt response and the impartiality of whoever investigates the case. It is advisable to appoint a person or committee specifically trained to handle these matters.

Confidentiality and protection of the victim against retaliation are at the heart of any effective protocol.

Prevention duties

Prevention does not end with drafting a document. Companies must:

1. Distribute the protocol to all staff and keep proof of delivery.
2. Provide regular training on equality and harassment prevention.
3. Integrate harassment prevention into the psychosocial risk assessment.
4. Review and update the protocol when regulations or company structure change.

Consequences of not having one

The absence of a protocol or its breach can lead to penalties from the Labour Inspectorate, as well as liability if an unaddressed harassment situation occurs. With RegulaKit you can centralise your employment documentation, record delivery of the protocol to each employee and keep your obligations up to date. To estimate the cost of a penalty, try our fines calculator.

Implementing a protocol is not only about complying with the law: it is about building a safer, more respectful and more productive workplace for everyone.