Violence and harassment in the workplace

What are violence and harassment in the workplace?

The definition in Convention 190, ratified by Spain in 2022, is broad by design: it covers physical violence, verbal and psychological violence, sexual harassment, harassment based on sex or other grounds of discrimination, and workplace bullying or mobbing, whether perpetrated by individuals within the organization (managers, colleagues, subordinates) or by third parties (clients, patients, users, the public). It encompasses situations that occur during work, in connection with work, or as a result of work, including commuting, digital communications, and company-provided spaces.

In the Spanish legal system, several regulations coexist. The Workers’ Statute recognizes the right to physical integrity, privacy, and due consideration for dignity, including protection against harassment. Organic Law 3/2007 obliges companies to promote conditions that prevent sexual harassment and harassment based on sex, and to establish specific procedures for its prevention and for handling complaints. Law 15/2022 extends protection against discriminatory harassment for any reason. And Law 31/1995 requires the assessment and prevention of violence and harassment as psychosocial risks, a criterion that the Labor Inspectorate applies in accordance with Technical Criterion 104/2021.

The Penal Code criminalizes serious workplace harassment and sexual harassment, and the Law on Infringements and Sanctions in the Social Order classifies as a very serious infringement sexual harassment, harassment based on origin, sex, orientation, disability or other causes, and business conduct contrary to dignity.

Main forms

• External violence. Physical or verbal aggression from clients, users or the public, common in healthcare, customer service, transport, security, commerce and social services.
• Moral or psychological harassment. Repeated hostile behaviors (isolation, discrediting, overloading or stripping of functions, humiliations) directed against a person, with the capacity to damage their health and their work situation.
• Sexual harassment. Any verbal or physical behavior of a sexual nature that has the purpose or effect of violating dignity, in particular when it creates an intimidating, degrading, or offensive environment.
• Harassment based on sex or other discriminatory grounds. Behaviors carried out based on sex, sexual orientation, gender identity, origin, disability, age, religion, or other protected grounds.
• Digital violence and harassment. Messages, posts or conduct through electronic means, including those that occur outside of working hours or the workplace.
• Gender-based violence with an impact on work. Situations that affect the safety of the victim in the workplace and that require specific protection and support measures.

Obligations and prevention measures

1. Risk assessment: include internal and external violence and harassment in the psychosocial assessment and in the assessment of public service positions, with the participation of the representation.
2. Protocols: procedure against sexual harassment and harassment based on sex, mandatory in accordance with Organic Law 3/2007 and the regulations on equality plans, and procedure against moral and discriminatory harassment, with guarantees of confidentiality, speed, impartiality and prohibition of reprisals.
3. Organizational measures against external violence: design of spaces, equipment, procedures for action, alarm and communication systems, subsequent support for the victims.
4. Information and training: for all staff on protocols and for managers on detection, early action and conflict management.
5. Investigation and action: activation of the protocol upon any communication, with investigation within short timeframes, precautionary measures and reasoned decision; recording of the actions.
6. Support for affected individuals: health monitoring, psychological support, job adaptation or change if necessary, and follow-up.
7. Review: Periodic analysis of communications, complaints, and evaluation results to adjust measures.

Organizational application

• Management. Approves a zero-tolerance declaration, protocols and resources, and ensures that decisions are applied regardless of the hierarchical level of the people involved.
• Protocol committee or instructor. Trained and impartial individuals who receive communications, investigate and propose measures, with external support when necessary.
• Prevention service. Integrates violence and harassment into risk assessment, advises on measures and attends to affected people through health surveillance.
• Representation of the workers. Participates in the negotiation of protocols, in the evaluation and in the monitoring.
• Managers. They detect and intervene early in conflicts and inappropriate behavior, without waiting for a formal complaint.

In public service centers, coordination with security forces and emergency services and the existence of clear instructions for staff are part of the prevention of external violence.

Limits and common mistakes

1. Having a formal protocol that no one knows about, without training or dissemination, or that is not activated for fear of the consequences.
2. Treating communications as interpersonal conflicts and not investigating, or investigating without guarantees of confidentiality and impartiality.
3. Limiting prevention to internal harassment and ignoring external violence from clients and users.
4. Blaming or isolating the person who communicates, or adopting precautionary measures that harm them.
5. Failure to record or analyze situations results in the loss of the ability to detect patterns and demonstrate the company’s diligence.
6. Confusing harassment with the stress inherent in work or with the normal exercise of management; harassment requires hostile behavior and not just an isolated disagreement.

The legal classification of conduct as harassment ultimately rests with the courts; the company must act diligently in response to any communication without waiting for that classification.

Regulatory framework in Spain and internationally

• ILO Convention 190 on the Elimination of Violence and Harassment in the World of Work (2019), instrument of accession of Spain (2022) . Definition and general obligations of prevention, protection and redress.
• Law 31/1995, articles 14, 15, 16 and 22. Duty of protection, risk assessment, including psychosocial risks, and health surveillance.
• Organic Law 3/2007, articles 7 and 48. Definitions of sexual harassment and harassment based on sex and obligation of specific prevention and reporting procedures.
• Law 15/2022, comprehensive law for equal treatment and non-discrimination . Protection against discriminatory harassment for any reason.
• Royal Legislative Decree 2/2015, Workers’ Statute, articles 4.2 and 54.2.g. Right to dignity and protection against harassment; harassment as a cause of disciplinary dismissal.
• Technical Criterion 104/2021 of the Labour and Social Security Inspectorate . Inspection action in the face of violence and harassment as psychosocial risks.

Royal Legislative Decree 5/2000 (Law on Infringements and Sanctions in the Social Order) classifies sexual harassment and discriminatory harassment in the workplace as very serious offenses. The INSST (National Institute for Safety and Health at Work) has published technical notes on external violence and on procedures for the autonomous resolution of workplace violence conflicts, and the European Framework Agreement on Harassment and Violence at Work (2007) was incorporated into Spanish law through an inter-confederation agreement.