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Workplace Harassment (Mobbing) in Spain: How to Report and Claim
Procedures13 minEquipo Lexiel

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.

workplace harassment Spainmobbing claimlabour inspectorate complaintsick leave harassmentmobbing compensationArt. 50 ET constructive dismissal

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:

  1. Systematic nature: repeated conduct, not an isolated incident
  2. Duration: typically at least 6 months (Leymann criterion used by Spanish TSJs)
  3. Intent: purpose to harm, humiliate, or expel the victim
  4. 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

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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