Regulation and data
Harassment protocol
A harassment protocol is the written procedure an organisation uses to prevent sexual and sex-based harassment and to handle complaints. For staff in Spain it is required by art. 48 of Organic Act 3/2007 and art. 12 of Organic Act 10/2022, with no headcount threshold; between residents, the route is a different one.
Also known asanti-harassment protocol · sexual harassment procedure · workplace harassment policy
Where the obligation comes from
Art. 48.1 of Organic Act 3/2007 on equality requires companies to "promote working conditions that prevent" offences and conduct against sexual freedom and moral integrity at work, with particular attention to sexual and sex-based harassment, including online. Since Organic Act 10/2022, in force since 7 October 2022, the duty to have a procedure sits in art. 12.1 of that act: companies "must establish specific procedures for its prevention and for channelling the complaints or claims".
| Staff | Residents | |
|---|---|---|
| Rule | Art. 48 of Organic Act 3/2007 and art. 12 of Organic Act 10/2022 | Ley 3/2022, through the university, and the internal rules |
| From how many people | From the first: neither article sets a threshold | It does not depend on headcount |
| Which measures | Those negotiated with workers' representatives: codes of good practice, campaigns, action protocols or training (art. 12.2) | Those set out in the community-life rules and the centre's internal rules |
Worth knowing
What people take for granted: that the law provides a table of contents for the protocol. Neither article sets its content, and an employment procedure does not work for a case between two colegiales, who are not the centre's employees. Nor is it the channel of Ley 2/2023, which only applies from fifty workers. What each procedure should settle in writing is in the guide to harassment protocols.
Sources
Related terms
- Normas de convivencia (community-life rules)Normas de convivencia are the community-life rules every Spanish university, public or private, must approve under Ley 3/2022: they bind the university community and include measures against violence, discrimination and harassment. They reach a colegio mayor or an affiliated residence through its university.
- Ley 3/2022 (university community life)Ley 3/2022 of 24 February on university community life is the Spanish act that requires universities to approve community-life rules with measures against violence, discrimination and harassment, and sets the disciplinary regime for students. It never names colegios mayores: it reaches them through their university.