PROTOCOL OF ACTION AGAINST HARASSMENT AND/OR VIOLENCE
IDP has zero tolerance in situations of sexual, moral or sexual harassment. That is why, through our Equality and Workplace Insertion Plan, this document is developed as a preventive measure in situations of violence and/or harassment.
The Organic Law 3/2007 published in the Official State Gazette on March 23, 2007, aims to make effective the right to equal treatment and opportunities between women and men. In the development of this law, in addition to including the rights related to the labor area between men and women, it also refers to protection against sexual harassment and harassment based on sex.
As a company we are obliged to respect gender equality as specified in article 45.1 of Law 3/2007, in addition to raising awareness about this problem and ensuring compliance with specific procedures that avoid this type of situation.
The development of this document reflects that as a company we are fully aware of preventing and avoiding any type of harassment and sanctioning it if necessary. Therefore, below, you can find among other aspects, what is the procedure of action and the method of resolution of it.
2 OBJECTIVES AND AGREEMENT
The objective of IDP is to achieve a productive, respectful, dignified, safe and optimal work environment for each of its members.
As a Company, IDP is committed to:
- Make the present procedure public to the entire company in order to publicize its existence, the action protocol and possible ways to resolve it.
- Advice in case of doubts and / or questions
- Sensitize their workers by carrying out training actions against harassment and / or violence.
- Establish a procedure to prevent any type of situation that violates the Equality Law and harassment.
- Recognize the right of workers to report any type of harassment situation.
- Implement the action protocol if necessary and ensure that there will be no retaliation in this regard.
In addition, as an IDP company, you will be responsible for:
- Guarantee the rights of all workers.
- Collaborate actively, effectively and firmly in the prevention, detection, correction and punishment of any type of conduct constituting harassment towards our workers.
The present procedure covers all workers who are part of the Company. It also includes those people who have a direct or indirect relationship with the members of our company (customers, suppliers, etc.).
The validity of this Plan will be 4 years. However, the IDP Equality Commission estimates that all the measures that comprise it will be reviewed and evaluated biannually, to close them and evaluate the development of new measures.
4 HARASSMENT DEFINITION
Here are two definitions of sexual harassment or sex:
- Law 3/2007 art.7.1.:
Behavior, verbal or physical, of a sexual nature, that has the purpose or has the effect of threatening the dignity of a person, particularly when an environment is created, intimidating, degrading or offensive.
- ET art. 4.2. e):
Workers have the right to respect their privacy and due consideration of their dignity, including protection against harassment on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, and against sexual harassment and / or harassment. because of sex.
5 TYPES OF HARASSMENT
Harassment can be developed in different ways:
- Verbal Harassment.
- Nonverbal Harassment.
- Physic Harassment.
Considering these three premises, we find different types of harassment, which we define below:
- Sexual harassment:
Any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of threatening the dignity of a person, particularly when creating an intimidating, degrading or offensive environment.
- Harassment based on sex:
Any behavior performed based on the sex of a person, with the purpose or effect of threatening their dignity and creating an intimidating, degrading or offensive environment. The conditioning of a right or an expectation of right to the acceptance of a situation constituting sexual harassment or harassment based on sex will also be considered an act of discrimination based on sex.
- Labor Harassment:
Any hostile or humiliating treatment to which a person is subjected in the workplace in a systematic way, which causes psychological and professional problems.
- Discriminatory harassment:
Any unwanted conduct related to a person’s racial or ethnic origin, religion or belief, disability, age or sexual orientation, which has as its objective or consequence an attempt against their dignity and creates an intimidating, humiliating or offensive environment.
6 PROTOCOL OF ACTUATION AND RESULUTION
In the event that any situation of harassment occurs in IDP, regardless of the actions that the worker wants to activate outside the scope of the company, IDP is committed to implement the protocol of action detailed below:
- The worker must make a formal and written DENOUNCEMENT and address it to the Head of the Equality Commission through the mail email@example.com.
This way of communication is completely confidential and will be used only and exclusively for this type of situation.
- At the time of receipt of the complaint, a file will be opened where it will proceed to collect the different testimonies individually from all the interlocutors who, supposedly, have participated in the aforesaid.
- The Equality Committee will have 10 calendar days to analyze the facts and the evidence acquired.
- During the time of evaluation of the facts, the worker affected by a situation of harassment may request a change of position, area or equipment temporarily until the resolution of the file.
- Once the established time has elapsed, the Equality Committee must issue a report with the resolution of the complaint and apply the pertinent sanctions, if necessary, considering what is always established by the current Law.
7 EQUALITY COMMITTEE
7.1. Formation of Equality Committee:
The Equality Committee will be formed by the Head of Human Resources, an external figure expert in the legal area and the representative of the workers.
Together, they will implement the protocol explained above each time they receive a report.
7.2. Functions of Equality Committee:
- Check and control daily the mail where the template should go.
- In the case of receiving a complaint, proceed to open a file.
- Collect all the testimonies of the people involved and the witnesses who may have witnessed the harassment situation.
- Carry out a report with all the facts collected.
- Finally, impose the measures that are necessary, always supporting the law that protects equality and harassment.
8 PRESUMPTION OF INNOCENCE AND INDEMNITY AGAINST RETALIATION
All employees are entitled to the presumption of innocence, and to their right to honor and image, so false allegations aimed at causing harm to another employee will not be tolerated. If the existence of a false report or false testimony is proved, the corresponding disciplinary measures will be taken as well.
Likewise, it is forbidden to take any type of retaliation against anyone who in good faith makes a complaint under this policy or who participates in an investigation.
January 9th, 2018