Since 2022 the obligation is clear for every employer, whatever the number of workers.
Obligations (Organic Law 10/2022, article 12, and Organic Law 3/2007, article 48)
- Promote working conditions that prevent offences and other conduct against sexual freedom and moral integrity, especially sexual and sex-based harassment, including online.
- Have specific procedures to prevent it and to handle complaints or claims from victims.
- Promote awareness and offer training to all staff.
- Include sexual violence among the risks in the assessment of jobs held by women workers, and inform and train them about it.
Measures that are negotiated
Codes of good practice, information campaigns, action protocols or training, negotiated with the workers' representatives. The whole workforce can benefit, including seasonal permanent, temporary and trainee staff, as well as interns, volunteers and temporary agency workers.
Workers' representatives must also help, by raising awareness and informing management of anything they know (Organic Law 3/2007, article 48.2).
In practiceA shop with 8 employees does not need an equality plan, but it does need a clear
way for someone suffering harassment to report it and have it investigated: who to go to, how confidentiality is protected and
what happens next.
Source: Ley Orgánica 3/2007, para la igualdad efectiva de mujeres y hombres (Spanish Equality Act, in Spanish), article 48 · Ley Orgánica 10/2022, de garantía integral de la libertad sexual (sexual freedom act, in Spanish), article 12