Workplace Harassment (Mobbing) in Spain: How to Report and Claim
Complete guide to workplace harassment (mobbing) in Spain: legal definition, types, how to prove it, Labour Inspectorate complaint, lawsuit, and compensation amounts.
What Is Workplace Harassment (Mobbing) in Spain?
Spain lacks a specific statutory definition of workplace harassment in its Workers' Statute, but it is protected through multiple legal channels: ILO Convention 190 (ratified by Spain), the Occupational Risk Prevention Act (LPRL), the Constitution (Art. 15 ( personal integrity; Art. 10 ) human dignity), and an extensive body of Supreme Court and High Court of Justice (TSJ) case law.
Established doctrine (STS 23 July 2001) defines mobbing as:
Systematic, repeated and prolonged psychological harassment, carried out by the employer, co-workers, or subordinates, aimed at destroying the victim's communications and reputation, disrupting their work, and ultimately driving them to leave their job.
Required Elements
For legally recognisable workplace harassment:
- Systematic nature: repeated conduct, not an isolated incident
- Duration: typically at least 6 months (Leymann criterion used by Spanish TSJs)
- Intent: purpose to harm, humiliate, or expel the victim
- Documented psychological harm
How to Prove It
- Written records: emails, WhatsApp messages, task instructions, save with visible timestamps, forward to personal email
- Witness testimony: colleagues who witnessed the conduct
- Medical and psychological reports: explicitly linking the mental health disorder to the workplace environment
- Labour Inspectorate (ITSS) complaint: anonymous complaints possible; inspector's report has evidential value in court; may lead to sanctions of up to €225,018
- Sick leave: if harassment causes psychological harm, sick leave classified as an occupational disease strengthens the case
Legal Routes
1. Constructive dismissal: Art. 50 Workers' Statute: Request judicial termination of the contract due to employer misconduct (harassment qualifies under Art. 50.1.c), entitling you to unfair dismissal compensation (33 days/year, max 24 months) plus moral damages.
2. Fundamental rights claim: Harassment that violates constitutional rights to personal integrity (Art. 15 CE) and human dignity (Art. 10 CE) can be litigated under the special fundamental rights protection procedure (Arts. 177-184 LRJS). Key advantage: burden-of-proof reversal; the worker provides indicators, the employer must prove legitimacy. Moral damages: €6,000-€90,000 depending on severity.
3. Criminal complaint: Severe and repeated harassment may constitute the offence of degrading treatment (Art. 173.1 CP, 6 months to 2 years' imprisonment).
Compensation Range
Total compensation in serious cases can exceed €100,000, combining:
- Termination indemnity (Art. 50 ET)
- Moral damages (€6,000-€90,000)
- Medical expenses
- Lost earnings
- Social security benefit surcharge (30-50%, Art. 123 LGSS)
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