Create a Safe Work Environment with Lawyers Specializing in Prevention and Fight Against Workplace Harassment
Workplace harassment threatens the company's stability and people's health. We offer a complete solution to prevent, manage and resolve any situation —sexual, gender-based, moral or psychological harassment— with anti-harassment protocols and support in handling the proceedings.
Workplace harassment is one of the biggest threats to both business stability and the mental health of workers. At Nextica Law & Tax, we offer a comprehensive solution to prevent, manage, and resolve any workplace harassment situation, covering all the forms that the law requires companies to prevent: sexual harassment, harassment based on gender, moral or psychological harassment, and other forms of discrimination. Our holistic approach includes the creation, implementation, and enforcement of anti-harassment protocols, as well as advising you on the processing of any files that may be initiated. Whether you are a company seeking to comply with the law and protect your reputation, or a worker who needs to defend your rights, we provide you with the support you need.
What's worth knowing
For the company: avoid penalties and build a safe, productive environment
For the worker: we defend your rights and protect you from retaliation
We cover every form of harassment the law requires you to prevent
What's included
Creation, implementation and application of anti-harassment protocols
We develop protocols that cover all variants of workplace harassment, implement them in your company, and advise you on their application, ensuring compliance with current regulations and protecting your business from potential penalties. It's not enough to have the protocol in a drawer: it must be communicated, operational, and applied.
Advisory on harassment cases
When a complaint is filed, the company is obligated to instruct the case. At Nextica, we support you throughout the entire process: appointment of the instructor, summons, evidence gathering, resolution proposal, and communication to the parties. Poor management of a harassment case can result in the company being held liable for damages caused to the employee.
External reporting channel
For companies that prefer to outsource the management of the reporting channel, Nextica offers this service: receipt of reports, acknowledgment of receipt, management of the investigation, conclusions report, and resolution proposal, with all the confidentiality guarantees required by Law 2/2023.
Training for harassment prevention
We offer specific training for your management team and for the entire staff, ensuring that everyone understands what constitutes harassment, how to act in such situations, and what channels are available for reporting.
WHAT A HARASSMENT PROTOCOL SHOULD INCLUDE — MINIMUM REQUIRED CONTENT
Value statement
express commitment from management to a harassment-free work environment.
Clear definition of each type of harassment with illustrative examples of constitutive and non-constitutive behaviors.
Scope of application
all workers, including managers, suppliers, and clients when the behavior occurs in the workplace.
Reporting channel
how to submit it, to whom, in what format and with what confidentiality guarantees. Since 2023, for companies with 50+ employees, it must be a formal channel with acknowledgment of receipt in 7 days and response in 3 months (Law 2/2023).
Protective measures during the investigation
physical separation of the parties, shift or center change, suspension of direct relationship.
File instruction
person responsible for the investigation (or instructing committee), procedure, guarantees of impartiality, and deadlines.
Resolution
consequences for the aggressor if the facts are substantiated (from warning to disciplinary dismissal).
Whistleblower protection against retaliation
any retaliatory action against someone who reports in good faith is an independent labor violation.
Training and awareness
periodic training program for all staff.
En detalle
LEGAL FRAMEWORK — THE RULES THAT REGULATE HARASSMENT
📌 Art. 4.2.e ET: right of the worker to their physical integrity and to an adequate policy on safety and hygiene. 📌 Art. 7.1 and 7.2 LO 3/2007: legal definition of sexual harassment and harassment based on sex. 📌 Art. 48 LO 3/2007: obligation of all companies to adopt measures to prevent sexual harassment and harassment based on sex. 📌 Law 2/2023, of February 20: mandatory reporting channel for companies with 50+ workers since March 13, 2023. 📌 Art. 8.13 bis LISOS: very serious infringement for failing to adopt prevention measures against sexual harassment.
TYPES OF HARASSMENT THAT SHOULD BE COVERED BY THE PROTOCOL
◆ Sexual harassment (art. 7.1 LO 3/2007): any unwanted verbal, non-verbal, or physical behavior of a sexual nature that has the purpose or effect of violating a person's dignity. ◆ Harassment based on sex (art. 7.2 LO 3/2007): behavior carried out based on a person's sex with the purpose or effect of violating their dignity and creating an intimidating, degrading, or offensive environment. ◆ Moral harassment (mobbing): abusive, humiliating, or intimidating behavior systematically and prolongedly exercised over a worker, aimed at deteriorating their work situation until achieving their exit from the company. ◆ Discriminatory harassment: behavior based on any cause of prohibited discrimination: racial origin, disability, age, sexual orientation, religion, or ideology.
FOR WORKERS — WE ALSO HELP YOU
If you have been a victim of workplace harassment, you have the right to adequate legal protection. At Nextica Law & Tax, we help you report the harassment safely, ensuring that your rights are respected at all times. We accompany you throughout the process and protect you against any retaliation, claiming compensation for the damages caused if appropriate.
FREQUENTLY ASKED QUESTIONS
Trust Nextica Law & Tax to manage and resolve any workplace harassment situation with professionalism and efficiency, protecting the interests and rights of both parties.
Frequently asked questions
When is a company required to have a harassment protocol?
The obligation to adopt measures for the prevention of sexual harassment and discrimination based on sex affects all companies, regardless of their size (art. 48 LO 3/2007). The regulation does not explicitly require that the measures take the form of a written protocol, but it is the usual form and provides the greatest protection to the company. The Labor Inspectorate considers that the absence of a protocol is indicative of non-compliance with the preventive obligation.
How much time does the company have to resolve the harassment case?
The regulation does not establish a maximum legal deadline for the harassment file in the ET. The protocol must establish it. The Labor Inspection considers that the instruction of the file must be carried out with maximum possible speed (usually 15-30 days) to minimize harm to the victim. Unjustified suspension of the file may be considered an autonomous infringement.
What disciplinary measures can the company take if harassment is proven?
If the investigation substantiates the facts, the company may impose disciplinary sanctions ranging from a warning to disciplinary dismissal, depending on the severity of the facts and what the applicable collective agreement stipulates. Sexual harassment and harassment on the grounds of sex are typically classified as very serious offenses in collective agreements, which enables disciplinary dismissal.
Can the company be responsible for the damages caused to the harassed worker?
Yes. If the company knew about the harassment situation or should have known and did not take measures to prevent it, it can be held liable for the moral damages caused to the harassed employee. The liability can be civil, labor, and in some cases criminal (for the executives who actively participated or who concealed the facts).
Let's talk about your case.
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