In an ever-evolving work environment, companies have a duty to ensure safe, fair, and respectful working conditions for all employees. To achieve this, labor legislation mandates the implementation of various measures aimed at preventing psychosocial risks, promoting equality, and ensuring salary transparency. Among the main obligations are the workplace harassment protocol, the gender-based harassment protocol, the digital disconnection protocol, and the salary register. This article explores each of these regulatory requirements in detail and their impact on organizations.

1. Workplace harrassment protocol

Workplace harassment, also known as “mobbing,” is one of the most concerning issues in the professional environment. This phenomenon refers to any hostile or intimidating behavior that undermines a person’s dignity at work. To combat it, companies are required to adopt preventive and corrective measures by establishing a workplace harassment protocol, in compliance with Law 31/1995 on Occupational Risk Prevention and the Workers’ Statute.

What should the workplace harassment protocol include?

• Definition and scope: A clear explanation of workplace harassment and its distinction from other workplace conflicts.
• Preventive measures: Actions to raise awareness and train staff on detecting and preventing harassment.
• Complaint mechanisms: Clear, accessible, and confidential procedures for victims to report harassment without fear of retaliation.
• Investigation process: Methodology to assess complaints and ensure a fair and objective resolution.
• Sanctions and corrective measures: Consequences for those responsible for harassment and support measures for victims.

Companies that fail to implement this protocol may face administrative sanctions and create a toxic work environment that negatively impacts productivity and employee well-being.

2. Protocol for Preventing and Addressing Sexual and Gender-Based Harassment

Gender-based harassment involves any hostile behavior directed at a person based on their gender, which may include derogatory comments, systematic exclusion, or devaluation of professional competencies. This protocol is mandatory under Organic Law 3/2007 on Effective Equality between Women and Men and Royal Decree 901/2020 on Equality Plans and their Registration.

The protocol must include:

• Corporate commitment: A clear statement of zero tolerance for gender-based harassment.
• Awareness measures: Training programs for employees and management on gender equality and harassment prevention.
• Complaint and victim protection procedures: Secure and anonymous communication channels with confidentiality guarantees.
• Action protocol: Steps to be followed from the receipt of a complaint to the resolution of the case.

Companies with more than 50 employees must integrate this protocol into their Equality Plan, in compliance with current regulations. Beyond avoiding sanctions, implementing these measures fosters a fairer and safer workplace.

Protocol Against Harassment Based on Sexual Orientation, Gender Identity, and/or Gender Expression

To safeguard the rights of LGBTQ+ individuals and prevent discriminatory conduct, companies with 50 or more employees must incorporate harassment based on sexual orientation, gender identity, and/or gender expression into their workplace harassment protocol. This requirement is established under Law 4/2023 of February 28, which ensures real and effective equality for transgender individuals and guarantees LGBTQ+ rights.

3. Digital Disconnection Protocol

With the expansion of remote work and digitalization, the boundary between personal and professional life has blurred, increasing the risk of hyperconnectivity, which can negatively affect employee health. To address this, labor laws establish the right not to respond to emails, calls, or messages outside working hours, requiring companies to define a digital disconnection protocol to ensure compliance. This is in accordance with Organic Law 3/2018 on Personal Data Protection and Digital Rights Guarantee (LOPDGDD) and Royal Decree-Law 28/2020 on Remote Work.

The protocol must include:

• Definition of the right to disconnect and its importance for mental health.
• Internal regulations on the use of electronic devices outside working hours.
• Justified exceptions, such as emergencies or operational needs.
• Awareness mechanisms to ensure that management and employees respect this right.

Failure to comply with this protocol may result in sanctions and negatively impact productivity and employee well-being, increasing the risk of burnout.

4. Salary Register

To combat the gender pay gap, transparency in remuneration is essential. According to Article 28.2 of the Workers’ Statute, all companies, regardless of size, must maintain a salary register detailing the average salaries of employees, broken down by job category and gender.

• Average salaries of men and women in each job category.
• Salary supplements and additional pay that may contribute to pay disparities.

Furthermore, under Royal Decree 902/2020 on Equal Pay between Women and Men, companies with 50 or more employees must also document:

• Arithmetic averages and medians of equivalent job positions within the company.
• Justification for salary disparities where the arithmetic mean or median of total compensation for employees of one gender is at least 25% higher than the other.

5. Equality Plan

Article 46 of Organic Law 3/2007 of March 22 defines Equality Plans as a structured set of measures aimed at ensuring equal treatment and opportunities between women and men within a company.

Under Royal Decree 06/2019 of March 1, which establishes urgent measures to guarantee equal treatment in employment and occupation, companies with 50 or more employees are legally required to implement an Equality Plan.

Additionally, Royal Decree 901/2020 of October 13 further regulates Equality Plans, outlining their content and the requirements for registration, submission, and public access.

6. LGBTQ+ Inclusion Plan

Royal Decree 1026/2024 of October 8 establishes a structured set of measures to ensure equality and non-discrimination for LGBTQ+ individuals in the workplace. This regulation develops Article 15.1 of Law 4/2023 of February 28, which mandates that companies with more than 50 employees implement a comprehensive LGBTQ+ Inclusion Plan, including a protocol to address harassment or violence against LGBTQ+ employees.

Companies play a crucial role in promoting equality and ensuring workplace well-being. Properly implementing these protocols is not only a legal obligation but also an investment in corporate culture and employee satisfaction.

If you are interested in implementing or enhancing workplace well-being measures within your company, contact us—we will guide you through every step of the process.