LABOR AND SEXUAL HARASSMENT PROTOCOL
IN COMPANIES
The elaboration of the Equality Plans, obligatory for companies with more than 50 workers, according to the RDLey 901/2020, of 13 October, demands the regulation of the harassment protocol which, in principle, was only obligatory for to companies with more than 150 employees.
For this reason, companies with more than 50 employees will now have to regulate this figure, clearly describing its possible modalities (sexual harassment, sex or other discriminatory acts), determining the way in which complaints will be processed. , so as to protect the identity of the worker who has felt harassed, clearly establishing the measures provided for the protection of the victim as well as the action of the company itself, so as to protect not only the health of its workers but their personal and professional development within the same organization.
Failure to comply with the elaboration of the Equality Plans will be defined as a very serious infraction by the labor authority, in accordance with art. 8.17 of the Law on Infractions and Sanctions in the Social Order (SMOOTHS), which may impose penalties of between € 6,251 and € 187,515.
Nieves Rabassó
Lawyer and economist
Head of the Labor Law Department ofAlonso-Cuevillas Lawyers and Economists