Is the Sexual Harassment Protocol mandatory for companies?
Yes, for all companiesAll companies, regardless of their size or number of employees, are required to have measures and procedures in place to prevent and respond to sexual harassment and sex-based harassment in the workplace.
This obligation derives from Article 48 of Organic Law 3/2007 on effective equality between women and men. It is not a formality reserved for large companies: it arises with the employment relationship itself.
Unlike the Equality Plan, which is only mandatory for companies with 50 or more employees, the Protocol on Sexual and Sex-Based Harassment is mandatory for all companies, even micro-SMEs with a single employee.
What must the company do?
The regulations require the company to:
- Promote a harassment-free environment
Promote working conditions that prevent sexual harassment and sex-based harassment. - Have a specific procedure in place
A channel for handling complaints or claims, with defined deadlines and course of action. - Guarantee confidentiality and protection
Ensure the confidentiality and protection of the people affected. - Inform and raise awareness among the workforce
Make these behaviors and the protocol known to the whole team.
Risk of penalties for not having the protocol
The absence of this protocol can lead to action by the Labor and Social Security Inspectorate and to administrative penalties, in addition to increasing the company’s liability in the event of possible harassment situations.
How Securex RRHH supports you
At Securex RRHH we draft, update and implement the Protocol on Sexual and Sex-Based Harassment tailored to your company, your workforce and your collective agreement, with the legal certainty of our labor and legal advisory team. We review your situation, prepare the communication to your workforce and, if you need it, integrate it with your Equality Plan and your internal reporting channels.