Obligation for companies to have a mailbox for anonymous complaints against gender violence.

irene montero

The Whistleblowers’ Complaint box of Directive 2019/1937 is generalised to all companies and institutions.

This should be understood as Royal Decree 901/2020, of 13 October, on the procedure for action against sexual harassment and harassment based on sex, which develops article 48 of Organic Law 3/2007, of 22 March, has entered into force.

Obligation for companies to have a mailbox for anonymous complaints against gender violence.

The need to eliminate gender barriers: a priority for the Ministry of Equality.

Since the process of implementation of the European Directive 2019/1937 or better known as the ‘whistleblower’ directive, which includes anonymous reporting of discrimination, sexual harassment and gender-based violence, began. The priority of the Ministry of Equality is for companies to eliminate these gender barriers. This is why the conditions must be created so that specific procedures can be set up to prevent these behaviours and to channel complaints and claims in this area that the complainants have been subject to.

Irene Montero at full speed with article 48 of Organic Law 3/2007.

Since the entry into force of Decree 901/2020, of 13 October, regarding actions against sexual harassment, as well as developing Article 48 of Organic Law 3/2007, of 22 March; Minister Irene Montero, aims to ensure that companies and the public sector, regardless of their size, promote the conditions contained in Decree 901/2020 which establishes the procedure for action against sexual harassment and harassment based on a person’s gender.

What are the main points to be taken into account according to the new regulation?

In practical application, it is well known that in order to apply protection mechanisms in the workplace, it is necessary to establish procedures to prevent retaliation in accordance with the new Whistleblower Directive.

In Spain, Provision 12214, which was published in the BOE as an appendix to RDL 901/2020, stipulates the applicable provisions for the preparation of the diagnosis contained in this regulation.

Essential points that are contained in this provision in point 7 of the annex:

  1. Declaration of principles, definition of sexual and gender-based harassment and identification of conduct that could constitute harassment.
  2. Procedure for dealing with harassment in order to channel any complaints or reports that may arise, and applicable precautionary and/or corrective measures.
  3. Identification of reactive measures against harassment and, where appropriate, the disciplinary regime.

From víadenuncia we provide anonymity in the mailboxes, in accordance with current laws and regulations in line with the Ministry of Equality, providing transparency to the processes as provided for in the principles of Provision 12214 in terms of prevention and awareness, confidentiality, presumption of innocence, elimination of reprisals, diligence and speed of the procedure, as well as the guarantee of labour rights and social protection of the victims.

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