Discriminatory harassment at work and where to complain

Key rules

• Several routes: Using your company's protocol does not stop you going to the inspectorate or a court later.
• Any status: Anyone can complain to the labour inspectorate, with no nationality or residence requirement.
• Confidentiality: The inspectorate must keep your identity from your employer.
• Compensation: An inspectorate complaint brings no personal compensation; that needs a court claim.
• Dismissal after complaining: You have 20 working days from the dismissal to claim, after a conciliation attempt that pauses the clock.

You have three ways to report

You can use your company's harassment protocol, complain to the labour inspectorate, or go to a union. You can use more than one. Using the internal route does not stop you going to the inspectorate or a court later. Your nationality does not limit these routes.

Start by recording what happens

Write down each incident: the date, what was said or done, and who saw it. This helps whichever route you choose. The checklist below lists the first steps in order.

Your company's protocol

Ask HR for the harassment protocol and who receives complaints. Protocols differ between companies, but they usually work like this:

1. You file a written complaint with HR, a designated person or a harassment committee. The committee often includes management and worker representatives. Sometimes a representative or witness can file for you.
2. A short review, usually within a few days, decides whether to take the complaint forward. It can also decide on protective measures, such as separating you from the other person. Ask for these.
3. A confidential investigation interviews you, the other person and witnesses, and collects evidence. Both sides are heard.
4. A report with conclusions follows, usually within 10 to 30 days in total.
5. The company closes the case or takes measures. These range from discipline up to dismissal of the harasser, plus support for you and follow-up.

Confidentiality, impartiality and protection against retaliation should apply throughout. Check the exact timelines and committee in your own company's protocol.

The labour inspectorate

Anyone can complain to the Inspección de Trabajo y Seguridad Social: you, a union or a third party. There is no nationality or residence requirement. You can file in person at a provincial office, by post or online. Check the current online procedure on the Ministry's electronic office.

Name the employer, and describe the facts, dates and evidence. The inspectorate must keep your identity confidential from the employer. You can also complain anonymously, but that is harder to follow up.

The inspector investigates, may visit the workplace, and can require changes, start a sanction proceeding against the employer or report to the courts. You are not a party to that proceeding and get no personal compensation from it. Compensation needs a court claim.

Unions

CCOO and UGT advise on your rights, help prepare an internal complaint, accompany you through the protocol, and can file with the inspectorate. Their lawyers can represent you in mediation and in court. Both run migrant information centres that help in several languages. Union representatives often sit on harassment committees.

Basic first advice is often available to non-members. Fuller services are often free or cheaper for members, who pay a small monthly fee. Migrants can join whatever their status. Services vary by branch and region.

If your residence is irregular or pending

Reporting carries some risk, but protections exist. Irregular residence is an administrative infraction, and the inspectorate has had instructions to tell the police about irregular foreigners found during inspections. In practice, a victim who reports has not been sanctioned for it.

Residence permits for exceptional circumstances can be available to victims of discrimination offences, labour exploitation and certain crimes. Since May 2025, an expulsion procedure for irregularity can also be suspended in these cases. Outcomes depend on your case, so speak to a union or a lawyer before you report.

If you are dismissed after complaining

A dismissal in retaliation for a discrimination complaint is void, and you have 20 working days from the dismissal to claim, after a conciliation attempt that pauses the clock. The page on dismissal explains the rest.

Timeline and deadlines

• File a written complaint with HR, the designated person or the harassment committee: as soon as you are ready, at any point after the harassment starts

• The company interviews you, the other person and witnesses, and collects evidence: after the first review, while both sides are heard in confidence

• The company closes the case or takes measures, from discipline up to dismissal of the harasser, plus support for you: after the report

• Complain to the labour inspectorate if the internal route fails or you prefer not to use it: at any time, before, during or after the internal process

• If you are dismissed after complaining, make your claim after a conciliation attempt, which pauses the clock: within 20 working days from the dismissal

Checklist

• Ask a union such as CCOO or UGT for first advice before you file anything.

• Speak to a union or a lawyer before reporting if your residence is irregular or still pending.

• Ask for protective measures, such as being separated from the person, while the case is reviewed.

• Decide whether to complain to the labour inspectorate (Inspección de Trabajo), which accepts complaints from foreign workers whatever their status.

• Choose whether to give your name to the inspectorate, knowing it must keep your identity from your employer.

What to watch out for

• Reporting with an irregular or pending residence situation: Irregular residence is an administrative offence, and inspectors have had instructions to tell the police about irregular foreigners they find. In practice, no sanction is opened against a worker who reports. Protections exist: people who cooperate against labour exploitation or are victims of discrimination offences can get an exceptional-circumstances residence authorisation. Since May 2025 an expulsion procedure for irregularity can also be suspended. Talk to a union or a lawyer before you report, so they can check how these protections apply to your case.

• Dismissal after you complain: A dismissal that punishes you for complaining about discrimination can be declared void, and the deadline to claim is short. Contact a union or lawyer as soon as you are dismissed and see the timeline above for the deadline.

Frequently asked questions

Do I have to be a union member to get help with harassment at work?

No, basic first advice from unions such as CCOO and UGT is often available to non-members. Full help, such as a union lawyer, is usually for members, who pay a small monthly fee. Membership is open to migrants whatever their residence status.

Will the labour inspectorate tell my employer who complained?

No, the Inspección de Trabajo must keep your identity confidential from your employer if you give it. You can also complain anonymously, but the inspector then has less to follow up.

Can I get compensation through a labour inspectorate complaint?

No, the inspectorate complaint does not give you personal compensation, because you are not a party to its sanction proceeding. The outcome can be a requirement to the employer, a fine or a report to the courts.

Does using my company's harassment protocol stop me going to the inspectorate or court later?

No, the internal route does not prevent a complaint to the Inspección de Trabajo or a court action. You can use the protocol first and still go further if the outcome is not enough.