What are Labor Protocols?
It is one of the most effective tools that companies, regardless of their size, have for managing labor relations as well as corporate responsibility.
What is the purpose of the Labor Protocols?
Verify the company's level of compliance with labor regulations, which allows it to face Labor and Social Security Inspections with solvency and avoid corporate responsibilities for non-compliance with current labor regulations.
Types of Labor Protocols
There are different protocols that will be mandatory regardless of the number of workers the company has.
Workplace and sexual harassment protocol
It is a plan against workplace harassment that includes the measures necessary to prevent, avoid or eliminate any type of workplace harassment in the company, whether it is harassment based on sex, sexual harassment or moral harassment.
The company is required to have a protocol against workplace harassment that outlines not only measures to prevent it, but also the procedure to be followed by workers and the company in case of workplace harassment.
The penalties that can be imposed on companies for not having a protocol against workplace violence and sexual harassment or harassment based on sex vary depending on the severity of the infraction.
- Fines of 7.501 to 30.000 euros for minor infractions
- Fines of 30.001 to 120.005 euros for serious violations
- Fines of 120.006 to 225.018 euros for very serious infractions
Salary registration protocol or remuneration register
A document that lists all the average salaries of a company's employees. It also includes salary supplements and extra-salary payments.
The data must be presented in values disaggregated by sex and taking into account the comparison by professional category, professional group, job of equal or equal value, or any other corresponding classification.
The penalties for not having a pay register vary depending on the size of the company and the context (whether or not there is inequality). They can range from €626 to €6.250.
Fines can be increased further when the document concludes that inequality is indeed occurring, reaching amounts of up to €187.515.
Digital Disconnect Protocol
Document outlining the internal policy and measures taken by the company to guarantee the right to digital disconnection for all its employees.
This right means that outside of working hours, employees have no obligation to attend to any type of communication from the company, whether from their superiors, colleagues or clients.
The penalties for violating the right to digital disconnection vary depending on the severity of the infraction.
- Fines of 620 to 40.895 euros for serious violations
- Fines up to 187.515 euros for very serious infractions
Whistleblower channel
Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption , within their company or public administration.
This law establishes that companies with more than 50 employees are required to implement an anonymous complaint channel or mailbox.
The law also requires, regardless of the number of employees, all political parties, unions, business organizations, as well as their foundations, to have an internal information system, whenever they receive or manage public funds. The objective is to quickly resolve any indication of a serious or very serious criminal or administrative infraction against the general interest.
The penalties that can be imposed on companies for not having a Whistleblowing Channel can range from 1.001 euros to one million euros for the most serious cases; penalties of up to 300.000 euros are also foreseen for company directors and administrators for not adapting the whistleblowing channel.
LGBTI Protocol
Law 4/2023, of February 28, for the real and effective equality of trans people and for the guarantee of the rights of LGBTI people, introduces specific obligations for Spanish companies.
This law establishes that companies with more than 50 employees are required to have a planned set of measures and resources to achieve real and effective equality for LGBTI people , including a protocol for addressing harassment or violence against LGBTI people.
These measures will be agreed upon through collective bargaining and in consultation with the legal representatives of the workers.
The penalties that can be imposed on companies for not having an adapted and current LGTBI Protocol range from 200 to 150.000 euros depending on the severity of the infraction.
What do we do at Fimax Asesores?
Our Labor Law Department will carry out an exhaustive analysis and checklist of the different labor protocols active or not in the company and their possible legal repercussions, working on the corrections that allow for proper compliance with current labor regulations.