What channels there are
- Your employer's protocol or complaints channel, which every company must have (module 3).
- The workers' representatives (works council, delegates) or the trade union.
- The Labour Inspectorate, which can act if the employer fails to comply.
- The courts, even after the employment relationship has ended (article 12.1). In cases of sexual or sex-based harassment, only the harassed person can sue (article 12.3).
Protection for whoever reports
Any retaliation for complaining or reporting is discrimination (article 9). If a person provides evidence suggesting sex discrimination, it is the defendant who must prove there was none (article 13; not in criminal cases).
Consequences
| For whom | What can happen |
|---|---|
| The harasser | Disciplinary dismissal (Workers' Statute, article 54.2.g) |
| The employer | Sexual harassment within its sphere of management is a very serious offence (LISOS, article 8.13), with a fine of €7,501 to €225,018 (article 40.1.c) |
In practiceIf you see a colleague being harassed, you can support her, note dates and facts if
she wants and tell her which channels exist. For a specific case, the right path is the protocol, the workers' representatives
or an employment lawyer: this course does not advise on cases.
Source: Ley Orgánica 3/2007, para la igualdad efectiva de mujeres y hombres (Spanish Equality Act, in Spanish), articles 9, 12 and 13 · Real Decreto Legislativo 2/2015, Estatuto de los Trabajadores (Workers' Statute, in Spanish), article 54.2.g) · Real Decreto Legislativo 5/2000, Ley sobre Infracciones y Sanciones en el Orden Social (labour offences and penalties, in Spanish), articles 8.13 and 40.1.c)