A protocol for the prevention of sexual harassment in the workplace is mandatory for all companies

As we have explained in recent months, since last March all companies with more than 50 employees must have approved their Equality Plans, a set of measures aimed at ensuring effective equality between women and men in the workplace. But what about smaller companies, and are they not at risk of falling into situations of gender discrimination?

Of course that in all companies, even the smallest ones, there is a risk of harassment at work, But on the other hand, approving Equality Plans can be a long and complex process, because it consists of several phases and it is necessary to negotiate them with a legal representation of the employees, so that, specifically for SMEs, it could also be very costly financially.

Therefore, by law, companies with less than 50 employees are obliged to have only some parts of the Equality Plans, which are the salary audit (which we have already discussed in this publication) and the protocol for the prevention of sexual harassment in the workplace, which is the subject of today’s subject.

The Protocol for the Prevention of Sexual Harassment in the Workplace is mandatory for all companies.

The Protocol on Harassment at Work and Sexual Harassment and Harassment on Grounds of Sex is mandatory for all companies regardless of the number of employees, and it also applies to self-employed employees. Its objective is to ensure a positive and healthy environment for all the people who are part of the company, and requires the commitment of the management and the entire professional team.

Public authorities are already carrying out inspections to check that companies have a compliant protocol, contact us now to comply quickly and efficiently with this new obligation for companies.

This protocol establishes the need to develop and disseminate codes of good practice, information campaigns and training actions for its employees. Below we detail the different phases of the process:

1. Appoint an advisory committee.
2. Elaborate the internal regulations and define the set of preventive measures.
3. Describe the procedure for reporting behavior involving sexual harassment in the workplace.
4. Determine what evidence is valid to prove sexual harassment in the workplace.
5. Define the applicable sanctions.
6. Elaborate the protocol and disseminate it to the professional team.

Protocol for the prevention of sexual harassment in the workplace must be carried out in accordance with Article 48 of Organic Law 3/2007, of March 22, for the effective equality of women and men, and its obligatory nature is governed by Royal Decree 901/2020, of October 13, which regulates equality plans and their registration and amends Royal Decree 713/2010, of May 28, on the registration and deposit of collective bargaining agreements, as well as Article 14 of Law 31/1995, of November 8, on the prevention of occupational hazards.

Adapt to the new regulations quickly and easily with Edorteam

In Edorteam we will carry out the mandatory workplace harassment protocol for your company adapted to its needs and nature, without involving time of dedication for the management and without increasing the necessary investment. In our team we have a lawyer specializing in Equality Plansand with more than 30 years of experience in corporate compliance.