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€225,000 fine for companies without harassment protocol

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€225,000 fine for companies without harassment protocol

Yolanda DiazMinister of Labor and leader of Sumar Coalitionhas been demanding for several years that companies, employers and other organizations adopt an equality plan including a protocol against sexual harassment and work. Those who do not meet this requirement, the Labor inspection can impose financial fines which, depending on their severity, can reach up to 225,000 euros. Yolanda Díaz admitted this week that she was aware of a sexual harassment complaint against Inigo Errejonspokesperson for Sumar, but who did not investigate her.

In accordance with the law on offenses and sanctions, companies and self-employed workers whose workers do not respect and do not have a protocol against sexual harassment will be sanctioned by the Labor Inspectorate with sanctions that depend on the seriousness of the offense. These economic sanctions range from a minimum of 7,500 euros to a maximum of 225,018 euros:

  • Fines of 7,501 euros to 30,000 euros for minor infractions.
  • Fines of 30,001 euros to 120,005 euros for serious offenses.
  • Fines of 120,006 euros to 225,018 euros for very serious violations.

It is only about administrative sanctions. If the seriousness of the case reached the courts, then it would be necessary to add the fines imposed by the court on the company in question if it is demonstrated that it has not activated the protocol against sexual and workplace harassment required by the standard approved by Yolanda. Diaz. Or if, even if you activated it, it shows that it was not effective.

“The minister requires companies and self-employed workers to have a plan to combat work and sexual harassment and imposes significant sanctions, while she does not have this protocol in her political party, economic sources ask.” “It would have been good for her to apply history and, just as she forces others to have this protocol, she would have demonstrated it at home,” insist these sources.

In addition, Yolanda Díaz signed an agreement before the summer with employers and unions to implement another equality plan for LGTBI people in companies, with the aim of ending sexual and professional discrimination against these workers. All companies with more than 50 employees are required to have this protocol.

Yolanda Díaz and Íñigo Errejón.

This standard even provides that companies with more than 50 employees have the obligation to provide LGTBI training to all their staff.

But, in fact and despite everything, the Minister of Labor did not apply these equality plans and protocols at home, in Sumar, in the recent case of harassment complaints against Iñigo Errejón. As Yolanda Díaz herself admitted, she became aware of the complaint against Errejón in the summer of 2023 but did not carry out an internal investigation because – she says – she was in the middle of the electoral campaign – the elections took place in July -.

The obligation to have an equality plan and a protocol against work and sexual abuse also includes unions such as UGT and CCOO, as well as business and self-employed organizations such as CEOE , ATA or UPTA. For example, the Congress of Deputies also has a plan for equality since 2020. “If companies, unions and employers’ associations have an obligation, so do political parties. “Let him apply at home what he demands of others under penalty of fines and sanctions,” say the sources consulted.

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