In which cases is workplace harassment considered a crime?

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Workplace harassment is a conduct that can constitute a reprehensible act at work or, if it is particularly serious, a crime. Not all cases of workplace harassment involve the commission of a crime, since, to be criminally punished, the conduct in question must meet certain characteristics that we will analyze below. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is workplace harassment? Workplace harassment involves conduct that is intended to cause discomfort, fear, terror or humiliation in a person or group of people with respect to their workplace and that affects the dignity of workers. If it occurs in the form of harassment by a superior towards a subordinate or by the employer towards a worker, it may result in the worker deciding to terminate his contract with the right to receive compensation similar to that of unfair dismissal.

If workplace harassment is especially serious, it can cross the boundaries of the workplace and constitute a crime of workplace harassment. What does the crime of workplace harassment consist of? The crime of workplace harassment is included in article 173.1 of the Penal Code, and is included in the scope of crimes against moral integrity . To be a crime, the conduct of workplace harassment must meet the defining notes DM Databases contemplated in article 173.1 of the Penal Code , according to which, “those who, within the scope of any employment or official relationship and taking advantage of their relationship of superiority, repeatedly carry out hostile or humiliating acts against another that, without amounting to degrading treatment, involve serious harassment against the victim." It is, thus, a less serious crime , considering the sentence imposed, which does not reach 5 years in prison.



Therefore, and also following what is established by the jurisprudence of the Supreme Court, the requirements for conduct to constitute the crime of workplace harassment are: Performing hostile or humiliating acts against another person, without constituting degrading treatment. That such acts be carried out repeatedly. That are executed within the scope of any employment or official relationship. Let the active subject take advantage of his superiority relationship. That such acts have the characterization of serious. Article 177 of the Penal Code In any case, these are damages whose existence is very difficult to prove. What other characteristics should workplace harassment have? In addition to all of the above, we must take into account the problems associated with the difficulty of knowing when workplace harassment actually occurs, even if it does not constitute a crime: There is no workplace harassment if there is no intention to harass or harm the person.