For companies operating in Spain, implementing a Workplace Harassment Protocol (Protocolo de Acoso) is a key requirement under Spanish labour legislation. This set of internal measures and procedures is designed to prevent, detect, and respond to incidents of workplace harassment, including sexual harassment, gender-based harassment, and moral harassment (mobbing).

Its primary goal is to safeguard employee wellbeing, foster a respectful and healthy working environment, and ensure legal compliance.

What Is Workplace Harassment?

Workplace harassment refers to any unwanted behaviour—whether verbal, physical, sexual, or otherwise—that undermines a person’s dignity or creates a hostile, intimidating, or offensive working environment. In Spain, this includes:

• Sexual harassment
• Harassment on the grounds of sex
• Moral harassment (mobbing)

These behaviours may occur in various forms and must be addressed swiftly and systematically.

Why Is a Harassment Protocol Important?

Having a clearly defined protocol is essential to:

• Protect employees:
  It ensures a safe and respectful workplace, free from harmful behaviours.
• Prevent harassment:
  Proactive measures help reduce the risk of inappropriate conduct occurring.
• Enable safe reporting:
  The protocol outlines confidential, secure channels through which employees can raise concerns.
• Ensure investigation and accountability:
  Clear procedures are in place to examine complaints and impose sanctions where necessary.
• Comply with legal obligations:
  Spanish law increasingly requires companies—particularly medium and large enterprises—to have formal harassment protocols in place.

What Should a Harassment Protocol Contain?

A comprehensive protocol typically includes:

• Statement of principles:
  The organisation’s commitment to preventing and eradicating workplace harassment.
• Code of good practices:
  A set of behavioural guidelines promoting a respectful workplace culture.
• Glossary of terms:
  Definitions of key concepts to ensure clarity and shared understanding.
• Complaint procedure:
  Clear instructions on how and where to report incidents confidentially.
• Investigation and resolution process:
  Step-by-step guidelines for addressing and resolving complaints.
• Sanctions:
  Disciplinary actions applicable to confirmed cases of harassment.
• Support measures for victims:
  Assistance and protection for affected individuals throughout the process.
• Preventive measures:
  Awareness campaigns, training, and initiatives to promote a respectful and inclusive work environment.

Is It Mandatory?

While specific requirements may vary by country, Spanish legislation mandates harassment protocols, particularly for larger companies or those with risk of gender-based discrimination. Non-compliance can result in:

• Administrative and legal penalties
• Reputational damage
• Internal conflict and reduced employee morale

Recommendations for Multinational Companies

• Seek local legal guidance:
  Work with Spanish employment law experts to ensure the protocol complies with local regulations.
• Provide employee training:
  Ensure all staff understand what constitutes harassment, how to report it, and the consequences of misconduct.
• Communicate clearly:
  Make the protocol visible and accessible to all employees, in relevant languages if necessary.

Contact us to comply with this strategic and legal imperative.