LEGISLATION
Harassment in the workplace is a violation of the fundamental rights recognised in numerous international and national texts. Personal dignity, equality, non-discrimination on grounds of sex, physical and moral integrity, the right to respect, to personal and family privacy, and to one’s own image, are rights recognised in the Spanish Constitution (art. 10.1, 14, 15 and 18.1 CE).
At the Community level, Directive 2006/54/CE of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation defines sexual and gender-based harassment and establishes that such situations shall be considered discriminatory and shall therefore be prohibited and sanctioned in an appropriate, proportionate and dissuasive manner. The Community Code of Conduct to Combat Sexual Harassment of 27 November 1991 is the European standard in the field of prevention.
At the national level, the action of work organisations to prevent and intervene against sexual and gender-based harassment behaviour and conduct is legitimised as a mandatory requirement through the Organic Law 3/2007, of 22 March, on effective equality between men and women (LOIEMH).
The LOIEMH has detailed the obligations of work organisations in relation to sexual harassment and gender-based harassment, establishing in Article 7 that these types of harassment are considered discriminatory acts or conduct. In addition, Article 48 states that companies must:
“1. (… ..) promote working conditions that prevent sexual harassment and harassment
based on sex and establish specific procedures for its prevention and for dealing with
any complaints or claims that may be made by those who have been subjected to it. To
this end, measures may be established which must be negotiated with the workers’
representatives, such as the drawing up and dissemination of codes of good practice,
the implementation of information campaigns or training activities”.
Likewise, the Legal Representation of Workers must contribute to the prevention of sexual harassment and gender- based harassment at work by raising awareness among the workforce, and to inform the company’s management if they become aware of such conduct or behaviour, or of any conduct or behaviour that could lead to it (art. 48.2).
Understanding harassment as a psychosocial risk at work that can affect the health and safety of those who suffer it, companies, as stipulated by the Law 31/1995, of 8 November, on the Prevention of Work Risks, are obligated to adopt measures to protect the safety and health of their workforce.
In terms of sanction, Law 5/2000, of 4 August, on Offences and sanctions in social order (art. 8.13) considers sexual harassment and gender-based harassment serious breaches of social order when they occur within the scope of the company’s management responsibilities, whoever the active subject of the harassment may be.
Technical Criteria for Work Inspection 69/2009 on Work and Social Security Inspection Action in the area of harassment and violence at work considers a failure to prevent, assess and take preventative measure against gender-based violence in the workplace.
At the regional level, this protocol is also attached to Law 11/2014 of 10 October to guarantee the rights of lesbian, gay, bisexual, transgender and intersex persons and to eradicate homophobia, biphobia and transphobia, which states in article 2:
“The purpose of this law is to establish the conditions under which the rights of lesbian,
gay, bisexual, transgender and intersex people, and the groups they belong to, are real
and effective; to facilitate their participation and representation in all areas of social life;
and to contribute to overcoming stereotypes that negatively affect the social perception
of these people.”
All spaces must respect sexual and affective diversity, people’s gender identity and the different family models that exist. The aim is to create an inclusive and respectful environment for everyone.
SCOPE
This Protocol applies to all situations arising from any activity that takes place in the working environment of CIMNE and to all the centre’s staff, without any distinction based on their link to or permanence in the organisation.
The protocol applies to any person who carries out activities or provides services in the centre, even if they report to another entity.
To this end, Centre Management will inform all the staff of its various work centres of the explicit commitment of the entity’s policy to combat sexual harassment and harassment based on sex and of the existence of this protocol.
The Protocol will remain accessible on the transparency portal of the entity, on the Intranet, as well as in the Human Resources Department.