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Is the Sexual Harassment Protocol mandatory for companies?

Equality and compliance

Is the Sexual Harassment Protocol mandatory for companies?

Yes, for all companies

All 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.

Don’t confuse it with the Equality Plan

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.
“The protocol isn’t measured by headcount. It’s mandatory from the first person hired.

Risk of penalties for not having the protocol

Not having it exposes the company

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.

Securex RRHH — Labor advisory, equality and compliance · securexrrhh.com

For informational purposes only; this does not constitute individualized legal advice. Reference regulations: Article 48 of Organic Law 3/2007 and Organic Law 10/2022.

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