The workplace bullying is one of the psychosocial risks the most serious issues within organisations, with direct consequences for employees’ health, the working environment and the company’s reputation. In recent years, regulatory requirements and social pressure have meant that companies must not only prevent such situations, but also take clear, swift and properly documented action when they do occur.
In this context, having a workplace harassment policy It is no longer just an option, but an essential tool for ensuring safe working environments, complying with legislation and protecting both the victim and the organisation itself.
Is it compulsory to have a workplace harassment policy?
Yes, in practice, All companies are obliged to prevent and take action against workplace harassment, which means having formal mechanisms in place, such as a protocol.
The legal framework in Spain is based on several key pieces of legislation:
- The Organic Law on Equality (LOI), which calls for specific measures to prevent sexual harassment and harassment on the grounds of sex.
- ILO Convention No. 190, which reinforces the right to a working environment free from violence and harassment.
- The criteria of the Labour Inspectorate, who regard the protocol as an essential element in the prevention of occupational risks.
Furthermore, in many companies, particularly those with equality plans, The protocol is a mandatory requirement and is subject to review.
Failure to have this document in place may result in penalties, but also in legal liability in the event of a dispute or a complaint.
Types of harassment that the protocol should cover
An effective protocol must take into account all forms of harassment that may arise in the workplace, clearly distinguishing between them to make them easier to identify and manage. The main types include:
- Psychological harassment or mobbing: repeated behaviour intended to isolate, destabilise or cause psychological harm to an employee (for example, constant humiliation or exclusion from the team).
- Sexual harassment: unwanted behaviour of a sexual nature that undermines a person’s dignity (comments, innuendo, inappropriate physical contact).
- Harassment on the grounds of sex: unfavourable treatment based on a person’s gender, which is not necessarily of a sexual nature, but is discriminatory.
It is essential to distinguish between these types, as Each one may require specific measures within the protocol and have different legal implications.
What a workplace harassment policy should include: minimum requirements
To be effective and comply with the regulations, a workplace harassment policy must include a series of clearly defined basic elements.
The key elements of the minimum content include:
- Statement of Principles: the company’s commitment to a zero-tolerance policy on harassment.
- Scope of application: who it affects (employees, managers, contractors, etc.).
- Definition of behaviours: what constitutes harassment within the organisation.
- Complaints procedure: available channels and how to make a complaint.
- Interim measures: immediate action to protect the potential victim.
- Timeframes for action: timeframes set for each stage of the process.
- Resolution system: how facts are investigated and decisions are made.
A well-structured protocol not only makes it easier to manage cases, but also instils confidence in staff.
Who is responsible for managing the company’s harassment policy?
Responsibility for managing the protocol should lie with individuals who can ensure impartiality, confidentiality and professionalism. Several parties are usually involved:
- Human Resources Department, which coordinates the process and ensures compliance.
- Inquiry Committee, responsible for analysing cases, gathering information and drawing conclusions.
- Legal representation of workers, which can act as a guarantor of transparency.
It is essential that the people involved are trained in equality, harassment prevention and conflict management.
Furthermore, they must act with complete independence in order to avoid conflicts of interest and ensure the credibility of the process.
How to activate the protocol: steps in the procedure
The protocol must clearly set out how to proceed from the moment a possible case of harassment is detected.
The process usually follows these stages:
- Filing of the complaint. This can be done through various channels (post, internal form, ethics channel), whilst always ensuring confidentiality.
- Acceptance for consideration. An assessment is made as to whether the situation falls within the protocol, and a decision is taken to initiate the process.
- Interim measures. Where necessary, immediate measures are taken to protect the person concerned (change of post, separation of the parties, etc.).
- Research. Evidence, witness statements and relevant documentation are gathered.
- Resolution. The committee draws up its findings and proposes disciplinary or corrective measures.
- Follow-up. It is verified that the situation has been resolved and that similar behaviour does not recur.
Throughout the process, the rights of all parties must be safeguarded, particularly confidentiality and protection against reprisals.
Training on equality and the prevention of harassment: who should receive it
Training is one of the cornerstones of preventing workplace bullying. It is not enough simply to have a protocol: Employees need to be aware of this and know how to act.
This training should be tailored to different levels:
- The entire staff, to raise awareness and prevent inappropriate behaviour.
- Middle managers and senior managers, to identify and manage risk situations.
- Those responsible for the protocol, with specific training in investigation and case resolution.
Furthermore, it is advisable to incorporate this training into the company’s annual training plan, ensuring that it is updated regularly.
Having access to specialised solutions such as Educa.Pro enables organisations to train their teams on equality, harassment prevention and corporate culture in a flexible and accessible way that complies with regulations.
