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

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

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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