Your Local Community Magazine


Page 8 LABOUR PAINS – Part 2: Bullying and discrimination at work


Female Focus by Ana Gay


This is the second article in the short series dealing with common problems faced by employees at work. If your employer is not treating his entire staff equally this could be classed as bullying or “mobbing” as it is known in Spain, or in England technically as “constructive dismissal”. The aim is to drive you into a position where you are forced to resign apparently voluntarily and not be eligible for compensation or unemployment benefit.


In this situation you would have to present a “demanda” for the wages you claim and add 10% interest, as stated in Article 29.3 of the Worker’s Statutes (Royal Decree 1/1995 of the 24th March 1995). You should also present a “denuncia” (press a formal charge) against your employer in the Inspección de Trabajo (Labour Inspector’s Office) for the humiliation and discrimination you have suffered supported by a formal claim that you be treated with dignity and without discrimination, and for financial compensation. If you believe you are being treated in this way you should first talk to your employer perhaps with the help of a colleague, or, if appropriate, your trade union or other workers’ representative. You should also give your employer a written request for their written explanation of your treatment, with your own description of the facts. Your employer’s written reply will either satisfy your complaints or will provide you with evidence to support your “demanda”. Article 17.1 or the Workers Statutes makes null and void any clauses contained in a “collective agreement” (which regulates the working conditions between the employer and all the workers in one particular industry), or in individual agreements, and unilateral decisions made by the employer that are discriminatory, either directly or indirectly unfavourable to the worker. Discrimination is unlawful in both the offer of employment and the management of staff in many areas. These include pay, working hours, and other working conditions. The prohibition on discrimination also extends to the personal attributes of staff such as their age (below the normal retiring age), disability, gender, racial or ethnic origin, civil status (for example paying single members of staff less than married members of staff for the same job), social class, religion or beliefs, politics, sexual orientation, membership of a trade union, family ties to other workers in the company, and preference between speakers of the official languages within the Spanish State. The Workers Statute also invalidates any instruction from an employer which attempts to force co-workers to discriminate against a colleague as a consequence of a claim made by that member of staff to enforce equal treatment by administrative or legal proceedings. If you believe that you have suffered discrimination or bullying at work you may feel confused and isolated. These situations can take a mental toll on the victim and even result in clinical depression. However, it is very difficult to claim compensation for mental anguish even with the support of a medical specialist. You could be playing into your employer’s hands if your own evidence suggests that you did not have the mental or emotional stamina to do your job and your employer was justified in the way they treated you. If you feel that you are suffering discrimination or bullying at work you should not delay in seeking professional advice. For advice on this matter, or any other legal or tax matter, please do not hesitate to contact us at Link Point Legal on 966 260 500 or anagay@linkpointlegal.com.


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