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Sanctions for companies without an active workplace harassment protocol - sexual harassment work
Currently, having an active and effective workplace harassment protocol is not simply good business practice, but a legal obligation. Companies that ignore this responsibility expose themselves to severe penalties that can seriously affect their financial stability and reputation. This article explores in detail the consequences of failing to comply with this regulation, offering a clear view on how to protect your employees and avoid costly legal problems.
A workplace harassment protocol is a document that establishes the measures and procedures a company must follow to prevent, detect, and sanction workplace harassment (also known as *mobbing*). Its main purpose is to create a safe and respectful work environment for all employees. This protocol should clearly define what is considered workplace harassment, how cases can be reported, who is responsible for investigating complaints, and what measures will be taken to protect the victim and sanction the harasser.
The importance of this protocol lies in its ability to:
Companies that do not have a workplace harassment protocol face a series of sanctions that may vary depending on the seriousness of the infraction and the applicable legislation. These sanctions may include:
Financial fines are the most common and, in many cases, the most feared sanction. The amount of the fine can vary considerably, from relatively low amounts to figures that can jeopardize the viability of the company, especially for small and medium-sized enterprises (SMEs). The specific fine amount depends on factors such as the severity of the conduct, the size of the company, and whether it is a first offense or a repeat offense. It is crucial to take into account that the lack of a protocol is considered a serious or very serious infraction in many jurisdictions, which implies significantly higher fines.
In addition to administrative fines, the company may be held civilly liable and required to pay compensation to victims of workplace harassment. This compensation may cover moral, psychological, economic, and professional damages suffered by the victim as a result of the harassment. The amount of compensation is determined based on the severity of the harm and the impact it has had on the victim's life.
A case of workplace harassment, especially if the company lacks an adequate protocol to manage it, can severely damage the company's reputation. The negative publicity generated by the case can affect employee morale, the company's image before clients and suppliers, and its ability to attract and retain talent. In today's environment, where transparency and social responsibility are increasingly important, reputational damage can have long-lasting and hard-to-reverse consequences.
The lack of a workplace harassment protocol can lead to the company being subject to more frequent and rigorous labor inspections. These inspections may result in the detection of other labor violations, which can generate additional sanctions. Furthermore, the inspection process can be costly and time-consuming, which can affect the company's productivity.
In the most serious cases of workplace harassment, the conduct may be considered a criminal offense. In such cases, those responsible within the company (administrators, executives, etc.) may face prison sentences and other criminal penalties. It is important to note that criminal liability is personal and cannot be covered by the company.
Implementing an effective workplace harassment protocol requires a firm commitment from company management and the active participation of all employees. The key steps to implement a successful protocol include:
Although legal compliance is the main motivation for implementing a workplace harassment protocol, the benefits of having an effective protocol go far beyond. A well-implemented protocol can help:
