Workplace harassment (acoso laboral), or mobbing, is hostile, repeated and prolonged conduct intended to isolate, humiliate or wear someone down at work. We put you in touch with a bar-registered workplace harassment lawyer.
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What the company must do
It must protect its staff’s health, including against psychosocial risks, and have a protocol against sexual harassment and harassment on grounds of sex. If it knows and does not act, it can also be held liable.
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How to gather evidence of harassment
A diary of events: date, place, what happened, who did it and who was present.
Emails, messages, written instructions and colleagues who could give evidence as witnesses.
Medical and psychological reports, if it is affecting your health.
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Before you take the step
Do not leave your job on your own initiative: it can be treated as a voluntary resignation or give grounds for a disciplinary dismissal. If you are dismissed for reporting it, see dismissal lawyer; for preliminary questions, employment advice or employment lawyer.
How to recognise it
What counts as workplace harassment
Conduct like this, when it is repeated and prolonged over time.
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Isolation and degrading tasks
Isolating you from the team, giving you no work or assigning you pointless or degrading tasks.
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Constant humiliation
Constant criticism, mockery or humiliation, especially in public.
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Shouting, threats or rumours
Shouting, threats or rumours about your personal or professional life.
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Disproportionate monitoring
Disproportionate monitoring or changes in conditions designed to wear you down.
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Routes for taking action against workplace harassment
From a complaint to the Labour Inspectorate to the court: what you can achieve with each route.
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Labour Inspectorate (Inspección de Trabajo)
You file a complaint with the Labour Inspectorate.
What you can achieve
It can require the company to act and can penalise it.
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Termination of the contract
You ask the judge to terminate the contract because of a serious breach by the company (article 50 of the Workers' Statute, Estatuto de los Trabajadores).
What you can achieve
The same compensation as an unfair dismissal and the right to unemployment benefit.
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Protection of fundamental rights
A priority procedure before the court (tutela de derechos fundamentales).
What you can achieve
That the conduct stops, with compensation for non-material damage.
The most serious cases can be a criminal offence, and sick leave caused by harassment can be claimed as work-related.
Employment law
Other employment law services
Advice, dismissals and contracts: everything around your job.
What is happening, since when and who is doing it. It's confidential.
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02A specialist
A workplace harassment lawyer assesses it
A bar-registered employment lawyer studies your situation and contacts you.
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03No obligation
You decide with the facts
You'll know the routes and the fee quote before you take any step.
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Suffering harassment at work?
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Frequently asked questions
Questions about workplace harassment
What is the difference between workplace harassment and a bad working atmosphere?
A one-off conflict or a demanding boss are not harassment in themselves. Harassment is repeated and prolonged hostile conduct against your dignity or your health.
Do I have to leave my job to report harassment?
No. You can report it to the company, the Labour Inspectorate (Inspección de Trabajo) or the court without leaving your job; walking out on your own initiative can harm your position.
What compensation am I entitled to for workplace harassment?
It depends on the route: if the contract is terminated under article 50 of the Workers' Statute, that of an unfair dismissal; in the protection of fundamental rights procedure, compensation for non-material damage.
Can I be dismissed for reporting harassment?
A dismissal in retaliation for reporting can be declared null and void, with reinstatement and payment of the wages you stopped receiving.
Does the Labour Inspectorate say who made the complaint?
No. It must treat the source of the complaint as confidential, although the investigation may lead the company to guess where it came from.
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