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Workplace harassment, also known as mobbing, refers to any abusive, intimidating, humiliating or discriminatory behavior that takes place in the work environment and is intended to create a hostile, humiliating or offensive environment for the employee. Workplace harassment can be carried out by a co-worker, a superior or even a subordinate.

In Spain, there are laws that protect workers against harassment at work and establish measures to prevent and punish this type of behavior. The Occupational Risk Prevention Law recognizes harassment at work as a risk and establishes the employer’s obligation to adopt preventive measures to avoid it. In addition, the Equality Law decrees the protection of workers against gender-based harassment. With regard to worker protection, it establishes that the worker has the right to effective protection in terms of occupational health and safety.

To meet these business objectives, the law contemplates the figure of the prevention delegate, whose function is to ensure compliance with occupational risk prevention regulations and to act as an intermediary between the workers and the company. Its purpose and responsibility is to detect and report situations of harassment at work and to demand measures to prevent its occurrence.

If the employee suffers harassment at work, he/she has the right to report the situation to the company and demand that measures be taken to prevent the occurrence of the harassment. If the company does not act effectively, the employee may file a complaint with the Labor Inspectorate or the Labor Court. An investigation will be carried out to determine the existence of the harassment and, if so, the necessary measures will be established to put an end to the situation and guarantee the worker’s safety.

If you find yourself in a situation of harassment at work, do not hesitate to contact a lawyer specialized in labor issues to advise you and help you protect your rights as a worker.

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