Mandatory harassment protocol: a guide for companies in Spain

Every company in Spain, whatever its size, must have a workplace harassment protocol. It makes no difference whether you have 4 employees or 500: Ley Orgánica 10/2022 (the Spanish act on comprehensive protection of sexual freedom), together with Ley Orgánica 3/2007 on effective equality, requires every company to have procedures in place to prevent, detect and act on harassment. Penalties for non-compliance can reach €225,018 and bring the automatic loss of public grants and Social Security contribution reductions.

What is the mandatory workplace harassment protocol?

The workplace harassment protocol is a document setting out a company's procedures, preventive measures and response mechanisms for situations of workplace harassment, sexual harassment or harassment on grounds of sex. It is not a decorative document: it has to be workable, accessible to every employee and applied rigorously.

The Spanish rules that require companies to have this protocol rest on several laws:

• Ley Orgánica 3/2007 (the Spanish equality act): requires every company to promote working conditions that prevent sexual harassment and harassment on grounds of sex
• Ley Orgánica 10/2022 (the Spanish sexual freedom act): reinforces the obligation and widens the consequences of non-compliance
• Real Decreto 901/2020: governs equality plans and how they relate to harassment protocols
• Estatuto de los Trabajadores (the Spanish workers' statute, Article 4.2.e): recognises employees' right to respect for their privacy and dignity

Is your company's protocol up to date? Get in touch with our team for a review or a full rollout.

What must the protocol include?

The minimum content of a workplace harassment protocol has to cover the following sections:

1. Statement of principles

An express commitment from management to a policy of zero tolerance of harassment. That commitment must be public and communicated to the whole workforce.

2. Definition of the conduct covered

A precise description of what constitutes workplace harassment, sexual harassment and harassment on grounds of sex. It should include concrete examples to make identification easier: bullying, intimidation, degrading treatment, cyber-harassment, and verbal, physical or psychological conduct.

3. Whistleblowing channel

An accessible and confidential mechanism, free from retaliation, through which any employee can raise a complaint. The channel must guarantee that reports can be traced and that the person reporting is protected.

4. Investigation procedure

Who investigates, to what deadlines and with what safeguards. It must define:

• The composition of the investigating committee (impartial, with specific training)
• Maximum time limits for action
• The right of every party involved to be heard
• Principles of confidentiality and objectivity

5. Precautionary measures

Steps the company can take during the investigation to protect the person affected: a temporary change of post, altered working hours, physical separation from the alleged harasser.

6. Disciplinary regime

Concrete consequences if harassment is confirmed: from a formal warning to disciplinary dismissal, by way of suspension without pay.

7. Preventive measures

Proactive steps: regular training, awareness campaigns, circulating the protocol to the whole workforce, psychosocial risk assessment.

Penalties for not having a workplace harassment protocol

The consequences of not having a protocol — or of having an inadequate one — are serious:

But fines are not the only consequence. The Inspección de Trabajo, Spain's labour inspectorate, can impose additional measures:

• Automatic loss of grants, contribution reductions and benefits under employment programmes
• Exclusion from access to those benefits for a period of 2 to 6 years
• If the case reaches the courts, the company may face additional damages

For companies that manage grants or benefit from Social Security contribution reductions, the risk is twofold: they take the fine and they lose the support they were already receiving.

Did you know that not having a protocol can cost you your Spanish Social Security contribution reductions? Protect your company and your funding. Talk to Tecnocim Innova about how to comply properly.

How to roll out the protocol step by step

The rollout follows this sequence:

1. Management commitment: put the zero-tolerance policy in writing
2. Set up the committee: appoint the people responsible for managing the protocol (at least 2, with accredited training)
3. Draft the protocol: adapt the content to the reality of the company (sector, size, organisational structure)
4. Negotiate with employee representatives: where there is a works council or union representatives, they must take part in drawing it up
5. Communicate and circulate: get the protocol to the whole workforce (intranet, notice board, hand delivery with acknowledgement of receipt)
6. Training: compulsory sessions for middle managers and HR staff
7. Periodic review: the protocol must be updated when the law changes or when shortcomings are found

The harassment protocol and other Spanish employment obligations

The workplace harassment protocol does not stand alone. It sits within a set of Spanish employment obligations that companies must meet:

Meeting all these obligations in a coordinated way is more efficient than tackling them separately. An integrated approach lets you reuse structures — the equality committee can be the same one that runs the harassment protocol — and avoid duplication.

Your next step

The workplace harassment protocol is not optional. It is a legal obligation in Spain with penalties of up to €225,018 that also puts at risk the grants and contribution reductions your company may be receiving.

At Tecnocim Innova we offer specialist consultancy in organisation and people covering the drafting, rollout and monitoring of the workplace harassment protocol, integrated with the rest of your company's employment obligations.

Get in touch to make sure your company meets the rules in force and to protect both your team and your tax benefits.