The Ministry of Education, Vocational Training, Physical Activity and Sports of the Government of the Canary Islands has approved its first own protocol of action against workplace harassment in public centers that depend on the Area. This document, which introduces important improvements in the management and prevention of these cases, has been unanimously supported by union representatives and is aligned with current regulations on equality and prevention of occupational hazards.
In this way, Education will have for the first time its own document to address workplace harassment, since, until now, the Resolution of May 8, 2019 has been applied, which establishes the protocol of action in the face of harassment situations in the workplace of the Public Administration of the Autonomous Community of the Canary Islands, of the General Directorate of Public Function, which regulates these situations for the General Administration.
The creation of this specific protocol for the education sector responds to the need to have a framework adapted to the particularities of this environment and its professionals. Designed by the General Directorate of Personnel and Teacher Training, coordinated by Mónica Ramírez, the new regulations incorporate a broader, more modern approach that is appropriate to current legislation.
Among the advances, Education highlights the creation of the Workplace Harassment Assessment Committees (CVAL) as permanent bodies, the expansion of the types of harassment or the regulation of labor disputes that, although not constituting harassment, require attention. In addition, the new protocol reduces the deadlines in the procedures, improves the attention to the victims and reinforces the confidentiality guarantees, guaranteeing a safer and more respectful work environment.
The Workplace Harassment Assessment Committees (CVAL), one of the great novelties presented by the document, will have a permanent character in the new regulations, replacing the previous model of committees created on an ad hoc basis for each case. With this novelty, a more agile and effective response to complaints and a reduction in response times are acquired, as well as greater specialization in the evaluation of files.
The new protocol, in addition, is adapted to the current legislation on equality, including provisions of Organic Law 3/2007, for the effective equality of women and men; Organic Law 10/2022, on the integral guarantee of sexual freedom; Organic Law 15/2022, integral for equal treatment and non-discrimination, and Law 4/2023, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people. These updates extend the scope of protection against sexual harassment, harassment on the grounds of sex and any other form of discrimination in the workplace.
More effective and safer
In addition, it also improves with "a reduction of deadlines and greater clarity" in its different stages. Although the general deadline for resolving possible cases of harassment remains at two months, extendable to three in the most complex cases, the new protocol defines specific times for each of the phases of the process, providing greater legal certainty to all parties involved.
In this same line, a system for receiving complaints through an electronic mailbox has been established, which will facilitate victims' access to protection mechanisms and guarantee the confidentiality of communications.
Another important innovation presented by the new regulations is "the concentration of administrative functions in the secretariat of the CVAL, thus avoiding the dispersion of competences presented by the previous protocol, which aims to streamline the processing of files and improve the efficiency of the process." In addition, the possibility of rectifying complaints in exceptional situations is limited, ensuring that investigations are not delayed by formal issues. The new protocol also "extends the statute of limitations for cases of workplace harassment, allowing the reporting of events that occurred up to three years before the complaint, instead of the previous limit of one year."
Likewise, the types of workplace harassment have been updated and detailed both in the annexes and in the body of the Protocol, including moral or psychological harassment, sexual harassment, harassment on the grounds of sex, harassment on the grounds of sexual orientation or identity and other forms of harassment due to personal or social condition.
Finally, the new document introduces a specific mechanism to manage labor disputes that do not constitute harassment, but require intervention. In these cases, organizational measures such as mediation or the reorganization of functions may be used, avoiding the escalation of tensions in the workplace. This regulation represents a significant advance with respect to the previous protocol, which did not contemplate solutions for this type of conflict.
With this new legal framework, the Ministry of Education not only updates its regulations, adapting them to today's society, but also reaffirms its firm commitment to the creation and promotion of safe, egalitarian and free from any form of harassment work environments in public schools in the Canary Islands.
