Is sexual harassment training mandatory in the company?
The new Organic Law 10/2022 of the Ministry of the Presidency, in its article 12, on Prevention and awareness in the workplace, establishes that companies must promote working conditions that prevent the commission of crimes and other conducts against sexual freedom and moral integrity at work, with special emphasis on sexual harassment and harassment based on sex, in the terms provided for in article 48 of Organic Law 3/2007, of March 22, for the effective equality of women and men, including those committed in the digital environment.
From the text of art. 12 itself, it can already be seen that the obligations of companies with regard to the prevention of harassment are not new, as some of them were already established in Law 3/2007. The new text details some of the actions to be carried out in the company, such as "establishing specific procedures for its prevention and to channel the complaints or claims that may be made by those who have been victims of these behaviors, including specifically those suffered in the digital environment".
And, in point 2 of Article 12, it states textually that "Companies may establish measures to be negotiated with the representatives of the workers, such as the development and dissemination of codes of good practice, the implementation of information campaigns, protocols for action or training actions."
Therefore, the implementation of training actions is one of the options to be carried out within the company. It is not mandatory for all employees to take a harassment prevention course. It is mandatory to have the procedure for action in case of harassment, and that the entire workforce knows it, to know how to act in case of suffering directly, or have information that it is happening to another person, in the company. From this point on, actions can be taken to improve knowledge and prevention, as mentioned in Article 12. By simple logic, training in this area will be necessary for personnel directly involved in the management of cases in the company (people appointed as members of the Advisory Board in the company's Sexual Harassment procedure, for example), since these people should have extensive knowledge on the subject. Whether this extensive knowledge is necessary for the entire workforce must be assessed by the advisory committee, with the participation of the company's management and workers' representatives.From Ergasia we help you to implement the procedure of sexual, labor and gender-based harassment, and to develop the mandatory informative actions, thus covering the legal obligations as a first priority. And then we will participate with you in the definition of other promotional actions, including training, where appropriate.