Labor Harassment Protocol
The Labor Harassment Protocol must exist in every company with workers, according to Organic Law 3/2007, of March 22, and its Royal Decree-Law 6/2019, of March 1, which determine that all companies, regardless of the number of workers that comprise them: “shall promote working conditions that prevent the commission of crimes and other conducts against sexual freedom and moral integrity at work, with special emphasis on sexual harassment and harassment based on sex, including those committed in the digital environment”, according to art. 48.1 of said Law.
This means that any company must take the pertinent measures to avoid any type of action that implies harassment at work for workers, whether it is a physical or moral act.
What is a Workplace Harassment Protocol?
The Workplace Harassment Protocol is a document in which each entity must set out the specific actions taken to prevent the commission of crimes and other conduct against sexual freedom and moral integrity at work, especially those related to sexual harassment and harassment based on sex.
Management must develop an action plan to publicize the contents of this protocol among all the company’s employees, as a necessary measure for its due compliance, as well as to make known the means by which actions that violate the Protocol can be denounced. On the other hand, and as a necessary measure, all members of the company must commit to comply with the Protocol.
Complementary to the provisions of Organic Law 3/2007, we find that Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, whose purpose is to guarantee and protect in a comprehensive manner the right to sexual freedom and the eradication of all sexual violence, states that the guiding principles of this law include, among others, respect for the protection and guarantee of human and fundamental rights, the prohibition of discrimination, as well as the empowerment and participation of victims in the design and implementation of public policies.
Article 12 of this Law determines that companies must promote working conditions that prevent the commission of crimes and other conducts against sexual freedom and moral integrity at work, with special emphasis on sexual harassment and harassment based on sex, and must establish specific procedures for their prevention and to channel the complaints or claims that may be made by those who have been victims of these conducts, including specifically those suffered in the digital environment.
Benefits of having a Workplace Harassment Protocol in place
Regardless of the fact that companies are obliged to have a Workplace Harassment Protocol, this obligation also generates benefits for the company itself, such as:
Safe working environment:
Where workers will feel protected and respected.
Promoting diversity and inclusion in the workplace:
It helps create an environment in which all people, regardless of gender, sexual orientation, race, religion, disability or other characteristics, feel valued and respected.
Corporate image:
Improving the company’s image, because if the work environment is good and safe, and employees feel protected and valued, it can benefit the company in terms of retaining talent and attracting new employees.
Reduction of legal risks:
Reduction of the risk of legal claims, if applicable.
Difference between an Equality Plan and a Workplace Harassment Protocol
Below we detail the differences between a Workplace Harassment Protocol and an Equality Plan:
Target
Labor Harassment Protocol:
To prevent the commission of crimes and other conducts against sexual freedom and moral integrity at work, especially those related to sexual harassment and harassment based on sex.
Equality Plan:
Measures designed to achieve real equality between men and women in the workplace.
Content
Labor Harassment Protocol:
Procedures for reporting, investigating and sanctioning situations of workplace harassment.
Equality Plan:
Promoting equal pay, work-life balance, promoting diversity and inclusion, and preventing gender discrimination.
Mandatory
Labor Harassment Protocol:
For all companies, regardless of the number of employees.
Equality Plan:
For companies with 50 or more employees.
Scope of application
Labor Harassment Protocol:
Harassment situations in the workplace.
Equality Plan:
Gender equality in all its aspects, not only in the workplace.
Conclusion
In summary, both tools are important to ensure a safe and equitable work environment; however, the Workplace Harassment Protocol focuses specifically on preventing and addressing harassment in the workplace, while the Equality Plan has a more direct focus on promoting gender equality and inclusion.
Ask your occupational risk prevention services company to provide you with your Workplace Harassment Plan, as it is usually included in their services.
Labor Harassment Complaint Channel
For an effective management of complaints of Labor Harassment, but also in terms of Compliance, Prevention of Money Laundering, Equality, Violence and any other motivation that thewhistleblower has, your company must offer a Whistleblowing Channel that works and complies with Law/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption, as well as with the General Data Protection Regulation(RGPD) EU 679/2016 and the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights(LOPD-GDD), 3/2018.
Business Adapter, you can create your own Whistleblower Channel in a matter of minutes and with total guarantee of functionality and legal compliance.
If you need writing and advice to implement your Whistleblower Channel, do not hesitate to contact us, by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form: