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Step-by-step guide to implementing an effective workplace harassment protocol - sexual harassment work
Workplace bullying, also known as mobbing, is a reality that affects many companies and has a devastating impact on employees' health and well-being. Implementing an effective workplace bullying protocol is not only a legal obligation, but also an investment in a healthier, more productive, and respectful work environment. This guide will provide you with the key steps to design and implement a protocol that actually works.
Before you begin drafting the protocol, it is crucial to understand what workplace bullying is, its different forms, and its impact. Workplace bullying is not limited to physical abuse; it includes behaviors such as humiliation, exclusion, unjustified workload overload, and constant and unfair criticism. Recognizing the signs is the first step toward prevention.
Workplace bullying is defined as exposure to negative behaviors, carried out systematically by one or more people toward an employee in the workplace, putting them in a situation of helplessness, humiliation, and attacking their dignity. It can be downward (from a superior to a subordinate), upward (from a subordinate to a superior), or horizontal (between colleagues).
Workplace bullying has negative consequences for both the victim and the company. For employees, it can cause stress, anxiety, depression, low self-esteem, physical health problems, and, in extreme cases, even suicide. For the company, it implies a decrease in productivity, an increase in absenteeism, internal conflicts, and reputational damage.
A psychosocial risk assessment is essential to identify the factors that may favor the emergence of workplace bullying in the company. This assessment should be thorough and cover all levels of the organization. The results of the assessment will allow you to design a protocol specific and tailored to your company's needs.
There are various methodologies to assess psychosocial risks, such as questionnaires, interviews, focus groups, and direct observation. It is important to choose the methodology that best fits your company's characteristics. Some of the most used tools include ISTAS21 and COPSOQ.
The psychosocial risk assessment should identify factors such as work overload, lack of autonomy, role ambiguity, lack of social support, and poor communication. These factors can increase the risk of workplace bullying and should be addressed in the protocol.
The workplace bullying protocol should be a clear, concise, and easy-to-understand document. It should include a clear definition of workplace bullying, the types of behaviors considered bullying, the procedures to report and investigate cases, protection measures for the victim, and sanctions for the harasser.
An effective protocol should contain the following elements:
The protocol should be written in clear and accessible language for all employees. Avoid technicalities and legal jargon. Use concrete examples to illustrate the different types of workplace bullying. Make sure the protocol is easy to find and understand.
Having a written protocol is not enough; it is essential to disseminate it and train employees on its content. Organize training sessions to explain what workplace bullying is, how to prevent it, and how to report it. Make sure all employees understand their rights and responsibilities.
Use different channels to disseminate the protocol, such as email, intranet, notice boards, and team meetings. Organize awareness and training workshops for all employees. Appoint contact persons whom employees can approach in case of doubt or suspicion of bullying.
Training on workplace bullying should be continuous and regular. Organize periodic refresher sessions to remind employees of the protocol's content and the latest developments in prevention. Foster a culture of respect and tolerance in the company.
The protocol should establish a confidential and effective reporting procedure. Employees must feel safe reporting a case of workplace bullying without fear of retaliation. Appoint a person or team responsible for receiving and managing complaints. Ensure the confidentiality of the process and the protection of the victim.
Offer different reporting channels, such as email, telephone, face-to-face interviews, and an anonymous reporting system. Guarantee the confidentiality of the process and protect the victim's identity. Ensure that complaints are investigated quickly and efficiently.
The protocol should establish measures to protect the victim from retaliation. This may include transferring the harasser, providing psychological support to the victim, and guaranteeing that they will not suffer any negative consequences for having reported the bullying.
All workplace bullying complaints must be investigated impartially and objectively. Appoint an independent investigation team with appropriate training. Gather evidence, interview the parties involved, and prepare a report with the conclusions.
The investigation team should be composed of people with the necessary training and experience to investigate workplace bullying cases. They must be impartial and objective, and have no personal interest in the investigation's outcome. They must guarantee the confidentiality of the process and protect the identities of the parties involved.
The investigation should include the collection of evidence, such as interviews with the parties involved, review of documents, and analysis of emails and messages. It is important to document all stages of the investigation process.
If the investigation confirms that bullying has occurred, proportionate sanctions must be applied to the harasser. Sanctions may include warnings, suspensions, transfers, and, in serious cases, dismissal. It is important that sanctions are exemplary and serve to deter other employees from committing acts of bullying.
The type of sanction should be proportional to the severity of the bullying behavior. Sanctions may include:
It is important to monitor and assess the impact of sanctions. Ensure that the harasser has understood the seriousness of their conduct and has taken steps to prevent it from recurring. Offer support to the victim so they can overcome the trauma of the bullying.
The workplace bullying protocol should be reviewed and updated periodically to ensure it remains effective and relevant. Take into account changes in legislation, new trends in workplace bullying, and the company's experience in managing bullying cases. Involve employees in the review and update process.
Ensure the protocol complies with current regulations on the prevention of workplace bullying. Stay up to date with legislative and case law developments. Consult a labor law expert if you have doubts about the interpretation or application of the regulations.
Take into account the company's experience in managing workplace bullying cases. Analyze cases that have occurred, the difficulties encountered, and the lessons learned. Use this information to improve the protocol and make it more effective.
