Workplace Harassment Protocol: Mandatory for All Companies

The workplace harassment protocol is the mandatory internal document that establishes the company's commitment against sexual harassment and gender-based harassment, the reporting channels available to employees, the investigation procedure with defined timelines, the interim measures applicable during the investigation, and the disciplinary sanctions for confirmed cases. Since Law 15/2022 on equal treatment and non-discrimination, all companies in Spain — regardless of size or sector — are required to have this protocol in place. The Labour Inspectorate actively reviews protocol compliance as part of routine labour inspections, and the absence of a protocol or its inadequacy can trigger very serious infractions with fines of up to €225,018 under the LISOS.

Who is obliged and what the law requires

Law 15/2022 removed the 50-employee threshold that previously limited the harassment protocol obligation to companies required to have an equality plan. The current legal framework requires every employer in Spain, with no minimum workforce threshold, to implement specific prevention measures and an internal response procedure for sexual harassment and gender-based harassment complaints.

The obligation has two dimensions: prevention (measures to avoid harassment from occurring) and response (a procedure for handling complaints or indications of harassment). A simple statement of principles or a generic code of conduct does not satisfy either dimension. The protocol must be an operational document with named or profiled investigators, clear timelines, defined interim measures and a disciplinary framework.

What distinguishes an effective protocol from a paper exercise

The Labour Inspectorate’s enforcement practice and the case law of the Social Courts assess protocol effectiveness against substantive criteria. A protocol that exists as a document but has not been communicated to all staff, has no functioning reporting channel, or has investigators who lack independence or training will not provide the company with protection against sanctions or civil liability claims.

Our protocols are built for operational effectiveness: the investigating committee is properly constituted and trained, the reporting channel is genuinely confidential and accessible, the timelines are realistic and legally compliant, and the interim measures are proportionate and legally defensible.

Interaction with the equality plan and the whistleblowing channel

Companies required to have an equality plan (more than 50 employees) must integrate the harassment protocol into the plan as a specific instrument with its own procedure. The protocol is distinct from — but should be articulated with — the general whistleblowing channel required by Law 2/2023 for companies with 50 or more employees. Companies with fewer than 50 employees need a harassment protocol but are not required to have a formal whistleblowing channel, although a dedicated reporting mechanism for harassment is best practice.

This service is part of our employment law advisory practice.