Protocol for the prevention of and action against sexual harassment and harassment based on sex.

1. Novelty Audiovisual's commitment to the management of sexual and/or gender-based harassment. 

With this protocol, Novelty Audiovisual declares its zero tolerance towards the occurrence of conduct constituting sexual harassment or harassment based on sex throughout its organisation. 

By adopting this protocol, Novelty Audiovisual wants to underline its commitment to the prevention of and action against sexual harassment and harassment based on sex in any of its manifestations, informing of its application to all personnel who provide services in its organisation, whether they are its own personnel or from other companies, including people who, not having an employment relationship, provide services or collaborate with the organisation, such as trainees, those who carry out non-work internships or those who volunteer. 

Likewise, Novelty Audiovisual assumes the commitment to inform the companies to which it sends its own personnel of the existence of this protocol, indicating the need for strict compliance with it. 

When the alleged harassing person is outside the company's management power and Novelty Audiovisual is therefore unable to apply the procedure in its entirety, it will contact the competent company in order to solve the problem and, if applicable, to sanction the person responsible, warning them that, if they fail to do so, the business relationship between the two companies may be terminated. 

The protocol shall apply to situations of sexual harassment or harassment based on sex that occur at work, in connection with work or as a result of work: 

(a) at the workplace, including in public and private spaces when they are a workplace; 

(b) in places where the worker is paid, where he takes his rest or where he eats, or where he uses sanitary or washing facilities and changing rooms; 

(c) on work-related travel, trips, social or training events or activities; 

(d) in the context of work-related communications, including those made by means of information and communication technologies (virtual harassment or cyber-bullying); 

(e) in accommodation provided by the employer. 

(f) for journeys between home and place of work 

This protocol complies with the requirements of articles 46.2 and 48 of Organic Law 3/2007, of 22 March, for the effective equality of women and men, RD 901/2020 of 13 October, which regulates equality plans and their registration and modifies Royal Decree 713/2010, of 28 May, on the registration and deposit of collective bargaining agreements and collective labour agreements and article 14 of Law 31/1995, of 8 November, on the prevention of occupational hazards. 

Indeed, Novelty Audiovisual, by committing itself to the measures that make up this protocol, manifests and publicises its express will to adopt a proactive attitude both in the prevention of harassment - awareness raising and information on behaviour that is not tolerated by the company - and in the dissemination of good practices and the implementation of any measures necessary to manage complaints and reports that may arise in this regard, as well as to resolve them as appropriate in each case. 

2. Objectives and general principles 

2.1 The objectives of this protocol, which must be observed throughout the procedure, are as follows:

- Promote a culture of prevention of sexual and/or gender-based harassment in all areas and levels of the organisation.

- To express the company's zero tolerance towards situations of sexual and gender-based harassment that may be detected at any level of the organisation.

- To facilitate the identification of conduct constituting harassment in its different forms of sexual and gender-based harassment.

- Implement a simple, quick and accessible confidential complaint or reporting procedure that allows victims of harassment to make a report of the situation they are experiencing.

- To investigate complaints of harassment internally, in an agile, rapid and confidential manner, in order to determine whether sexual and/or gender-based harassment has occurred in the company.

- Sanction, where appropriate, the person who has committed harassment and compensate the victim who has suffered a situation of sexual and/or gender-based harassment.

- Support the person who has suffered harassment to avoid secondary victimisation or re-victimisation and facilitate, where appropriate, access to the psychological and social support they need.

2.2 The general principles applicable to this Protocol which must be observed throughout the procedure are as follows:

- Prevention and awareness of sexual and/or gender-based harassment. Information and accessibility of procedures and measures.

- Confidentiality and respect for the privacy and dignity of the persons concerned.

- Respect for the principle of the presumption of innocence of the alleged harasser.

- Prohibition of retaliation by the alleged victim or persons supporting the complaint or reporting allegations of sexual and/or gender-based harassment.

- Diligence, speed, security, coordination and collaboration in the procedure.

- Guarantee of victims' labour and social protection rights.

- A thorough, confidential investigation of the facts, based on the principles of contradiction and orality, which shall be resolved after hearing the persons concerned and guaranteeing the impartiality of any proceedings.

- Guarantee of action by adopting the necessary measures, including, where appropriate, disciplinary measures, against the person or persons whose harassing conduct is proven.

- Compensation to the harassed person and protection of his or her psychological and physical health.

- Gender and human rights focus throughout the procedure.

3. Characteristics and stages of the protocol for the prevention and eradication of sexual and/or gender-based harassment 

In order to comply with the commitment with which this protocol begins and in the terms set out so far, Novelty Audiovisual implements a procedure for prevention and action against sexual harassment and harassment based on sex, with the intention of establishing a mechanism that sets out how to act in a comprehensive and effective manner in the face of any behaviour that may constitute sexual harassment or harassment based on sex.

To this end, this protocol combines three types of measures set out in section 7 of the Annex to Royal Decree 901/2020 of 13 October:

1. Preventive measures, including a statement of principles, definition of sexual harassment and harassment based on sex and identification of conduct that could constitute harassment.
2. Proactive or procedural measures to deal with harassment in order to deal with any complaints or reports that may arise and any applicable precautionary and/or corrective measures.
3. Identification of reactive measures against bullying and, where appropriate, the disciplinary regime.

3.1 Preventive protection against harassment

3.1.1 Declaration of principles: Zero Tolerance to conduct constituting sexual and gender-based harassment Novelty Audiovisual formalises the following statement of principles, in the sense of underlining how relations between company staff should be and what conduct is not tolerable in the organisation.

This procedure is applicable to any behaviour constituting sexual or gender-based harassment that may occur at Novelty Audiovisual.

Novelty Audiovisual, by implementing this procedure, assumes its commitment to prevent, not tolerate, combat and prosecute any manifestation of sexual harassment or gender-based harassment in its organisation.

Harassment is, by definition, a multi-harmful act that affects several legal interests, including the dignity of the worker as a positivisation of the right to life and to physical, mental and moral integrity.

However, the harm to dignity does not prevent such an act from also causing harm to other legal interests such as equality and the prohibition of discrimination, honour, self-image, privacy, health, etc., but even so, it will always by definition be contrary to dignity.

Sexual harassment and harassment on the grounds of sex always affect the dignity of the person who suffers it and constitutes discrimination on the grounds of sex.

Within the scope of Novelty Audiovisual, conduct that may constitute sexual or gender-based harassment in any of its manifestations will not be allowed or tolerated. The company will sanction those who engage in offensive conduct as well as those who promote, encourage and/or tolerate it.

All company personnel have the obligation to respect the fundamental rights of all those who make up Novelty Audiovisual, as well as those of the people who provide services in the company. In particular, they will refrain from behaviour that is contrary to dignity, privacy and the principle of equality and non-discrimination, always promoting respectful conduct.

However, if they believe that they are being harassed or become aware of a situation of sexual harassment or harassment based on sex, any worker shall have the possibility, by means of a complaint or report, to activate this protocol as an internal, confidential and rapid procedure to eradicate it and remedy its effects.

Once the corresponding informative file has been opened, if sexual or gender-based harassment is confirmed, Novelty Audiovisual will sanction whoever it deems appropriate, committing to use all its management and sanctioning powers to guarantee a work environment free of violence, sexist and gender-based discriminatory conduct and in accordance with the principles of health and safety at work.

3.1.2. Concept and conduct constituting sexual harassment and harassment on grounds of sex

3.1.2.1. Definition and conduct constituting sexual harassment Definition of sexual harassment Without prejudice to the provisions of the Penal Code, for the purposes of this protocol, any verbal or physical conduct of a sexual nature which has the purpose or effect of violating the dignity of a person, in particular when it creates an intimidating, degrading or offensive environment, constitutes sexual harassment. Any sexual harassment shall be deemed to be discriminatory.

The conditioning of a right or an expectation of a right on the acceptance of a situation constituting sexual harassment shall also be deemed to constitute discrimination on grounds of sex.

By way of example and without limitation, the following conduct could constitute sexual harassment:

Verbal conduct: - Alleged sexual advances, propositions or pressure for sexual activity. - Offensive flirtations. - Insinuating comments, hints or obscene remarks. - Unwanted phone calls or social networking contacts. - Jokes or comments about sexual appearance.

Non-verbal behaviour: - Display of sexually suggestive or pornographic photos, objects or writings, lewd looks, gestures. - Letters or e-mails or messages on social networks of an offensive nature and with a clear sexual content.

Physical Behaviours: - Deliberate and unsolicited physical contact, unwanted hugs or kisses, excessive and unnecessary physical closeness. Quid pro quo sexual harassment or sexual blackmail.

Among the behaviours constituting sexual harassment, a distinction can be made between "quid pro quo" sexual harassment or sexual blackmail, which consists of forcing the victim to choose between submitting to sexual demands, or losing or being harmed by certain benefits or working conditions, affecting access to professional training, continued employment, promotion, remuneration or any other decision in relation to this matter.

To the extent that it involves an abuse of authority, the harassing person will be one who has the power, either directly or indirectly, to provide or withdraw a benefit or condition of employment.

Environmental sexual harassment

In this type of sexual harassment, the harasser creates an intimidating, hostile, degrading, humiliating or offensive environment for the victim as a result of unwanted attitudes and behaviour of a sexual nature.

It can be carried out by any member of the company, regardless of position or status, or by third parties located in some way in the work environment.

3.1.2.2. Definition and conduct constituting harassment on grounds of sex

Definition of harassment on grounds of sex

Harassment on grounds of sex is any conduct carried out on the basis of sex with the purpose or effect of violating the dignity of a person and of creating an intimidating, degrading or offensive environment.

All harassment on grounds of sex shall be considered discriminatory. In order to assess that a situation that can be classified as harassment on grounds of sex actually exists in a specific situation, a series of elements that form a common denominator must be present, among which the following stand out:

1. a) Harassment, meaning any intimidating, degrading, humiliating and offensive conduct that originates externally and is perceived as such by the person who suffers it.
2. b) Objective attack on the victim's dignity and subjectively perceived by the victim as such.
3. c) Pluriofensive result. The attack on the dignity of the person who suffers harassment on grounds of sex does not prevent the concurrence of damage to other fundamental rights of the victim, such as the right not to suffer discrimination, an attack on psychological and physical health, etc.
4. d) It is not an isolated event.
5. e) The reason for these behaviours must be related to the fact that they are women or to circumstances that biologically can only affect them (pregnancy, maternity, breastfeeding); or that have to do with reproductive and care functions that, as a result of social discrimination, are presumed to be inherent to them.

In this sense, harassment on grounds of sex can also be suffered by men when they carry out functions, tasks or activities related to the role that has historically been attributed to women, for example, a male worker who is harassed for caring for children or dependents.

The conditioning of a right or an expectation of a right on the acceptance of a situation constituting harassment on grounds of sex shall also be deemed to constitute discrimination on grounds of sex.

Conduct constituting harassment on grounds of sex

By way of example, and without excluding or limiting, the following are a series of specific conducts which, fulfilling the requirements set out in the previous point, could constitute harassment on grounds of sex at work if they were to occur repeatedly.

Attacks with organisational measures

1. Judging the person's performance in an offensive way, hiding his or her efforts and abilities.
2. Challenging and overruling the person's decisions.
3. Not assigning any homework, or assigning meaningless or demeaning homework.
4. Denying or concealing the means to carry out the work or providing incorrect information.
5. Assigning work that is much higher or lower than the person's skills or qualifications, or that requires much lower qualifications than those possessed.
6. Orders that are contradictory or impossible to comply with.
7. Theft of belongings, documents, work tools, deleting files from the computer, tampering with work tools causing damage, etc.
8. Threats or pressure on people who support the harassed.
9. Manipulation, concealment, return of the person's correspondence, calls, messages, etc.
10. Denial of or difficulties in accessing permits, courses, activities, etc.

Actions intended to isolate the target group

1. Change the location of the person by separating him/her from his/her peers (isolation).
2. Ignore the presence of the person.
3. Do not address the person.
4. Restrict colleagues from talking to the person.
5. Not allowing the person to express him/herself.
6. Avoid all eye contact.
7. Remove or restrict the means of communication available to the person (telephone, email, etc.).

Activities affecting the physical or mental health of the victim

1. Threats and physical aggression.
2. Verbal or written threats.
3. Shouting and/or insults.
4. Frightening phone calls.
5. Provoke the person, forcing them to react emotionally.
6. Intentionally incurring expenses to the detriment of the person.
7. Damage to the workplace or to their belongings.
8. Requiring the person to perform work that is dangerous or harmful to his or her health.

Attacks on private life and personal or professional reputation

1. Manipulating personal or professional reputation through rumour, denigration and ridicule.
2. Imply that the person has psychological problems, try to get the person to undergo a psychiatric examination or diagnosis.
3. Making fun of gestures, voice, physical appearance, disabilities, name-calling, etc.
4. Criticism of nationality, political or religious attitudes and beliefs, private life, etc.

3.2 Procedure for action

Schematically, the maximum phases and deadlines for carrying out the action procedure are as follows:

The procedure to be followed is as follows:

3.2.1 Filing of the complaint, activation of the protocol and processing of the administrative file

1) The company appoints DIKRA El AZZOUZI HENNOUK, HUMAN RESOURCES MANAGER, as the person responsible for investigating, investigating and following up on any complaint or report received regarding sexual and/or gender-based harassment in the workplace. .

In case of absence due to holidays, illness or any other legal reason, he/she will act as substitute (INDICATE NAME, SURNAME AND POSITION).

For this purpose, all persons serving in the organisation shall be informed of this designation and it shall be clearly and concisely stated how such complaints or allegations may be brought to their attention.

2º) Complaints may not be anonymous and may be filed by the person who feels harassed or whoever has knowledge of the situation.

3º) The e-mail address to which complaints or reports of harassment, sexual and/or gender-based harassment can be submitted is (INDICATE E-MAIL ADDRESS).

Only the person designated to process the protocol shall have access to the mails sent for this purpose.

4º) Complaints may also be submitted on paper and in a sealed envelope. For these purposes, the mailbox in which these reports or complaints can be deposited will be located at Pol. Ind. El Pla
C/ del Pla, 152, 08980 Sant Feliu de Llobregat, Barcelona.

Confidentiality shall be ensured regardless of how complaints are handled. Upon receipt of a complaint, the person in charge of handling the complaint shall give a code number to each of the parties concerned.

6) Once received, within a maximum period of 2 working days, the procedure for its processing will be activated. Any complaint, denunciation or claim will be presumed to be true.

7) The person investigating the complaint or report of harassment DIKRA El AZZOUZI HENNOUK, RESPONSIBLE FOR HUMAN RESOURCES will carry out a rapid and confidential investigation within 10 working days, in which he/she will hear the affected persons and witnesses and will request any necessary documentation, without prejudice to the provisions on the protection of personal data and confidential documentation.

The persons requested shall cooperate as diligently as possible. In any case, the impartiality of their actions shall be guaranteed, so that in the event of any kind of kinship by blood or affinity with any or some of the persons affected by the investigation, close friendship, manifest enmity with the persons affected by the procedure or direct or indirect interest in the specific process, they shall abstain from acting and shall inform the company so that it may replace them.

In the event that, despite the existence of these grounds, the abstention does not occur, any of the persons affected by the procedure may request the disqualification of that person.

8) During the processing of the case, the victim shall be heard first and then the person being reported. Both parties involved may be assisted and accompanied by a person they trust, whether or not they are legal and/or trade union representatives of the workers, who must maintain confidentiality regarding the information to which they have access.

9) The procedure should be as swift and efficient as possible and protect in all cases the privacy, confidentiality and dignity of the persons concerned, as well as the right to contradict the person denounced.

Throughout the entire procedure, strict confidentiality will be maintained and all internal investigations will be carried out with tact and due respect, both for the complainant, the victim, who may under no circumstances be treated unfavourably for this reason, and for the person complained of, whose guilt will not be presumed.

All persons involved in the process shall be under an obligation of confidentiality and secrecy with regard to all information to which they have access.

10) During the processing of the case, at the proposal of the investigating person, the company management shall adopt the necessary precautionary measures leading to the immediate cessation of the situation of harassment, without these measures entailing permanent and definitive damage to the working conditions of the persons involved.

Apart from other precautionary measures, the management of Novelty Audiovisual will separate the alleged harasser from the victim.

11) Once the investigation has been completed, the person who has dealt with the case shall draw up a report in which the facts, testimonies, evidence given and/or collected shall be included, concluding whether or not, in his/her opinion, there are indications of sexual harassment or harassment on grounds of sex.

If from the evidence gathered it can be deduced that there is evidence of harassment, in the conclusions of the report, the investigating person will urge the company to adopt the appropriate sanctioning measures, and may even, in the case of a very serious offence, propose the disciplinary dismissal of the aggressor.

If the evidence does not reveal evidence of harassment, he shall state in the report that the evidence expressly given does not indicate the existence of sexual harassment or harassment on grounds of sex.

If, even if there is no harassment, he/she finds any inappropriate action or a situation of conflict which, if it continues to be repeated over time, could end up becoming harassment, he/she shall also inform the company's management, suggesting the adoption of any measures that may be appropriate to put an end to this situation.

12) None of the proceedings shall prevent the persons involved from requesting any judicial, administrative or any other type of proceedings that may be appropriate for them.

3.2.3 The resolution of the harassment case The management of Novelty Audiovisual, once it has received the conclusions of the investigating person, will take the decisions it deems appropriate within 3 working days, being the only one empowered to decide on the matter.

The decision taken shall be communicated in writing to the victim, to the person complained of and to the person in charge of the investigation. Likewise, the decision finally adopted in the case shall also be communicated to the person responsible for occupational risk prevention.

In this communication, in order to ensure confidentiality, no personal data will be given and the numerical codes assigned to each of the parties involved in the file will be used.

In view of the report of conclusions drawn up by the investigating person, the management of Novelty Audiovisual will proceed to: a) close the proceedings, drawing up a report on the matter. b) adopt as many measures as it deems appropriate in accordance with the suggestions made by the committee investigating the harassment procedure.

By way of example, the following decisions may be taken by the company in this regard: a. physically separate the alleged aggressor from the victim, by means of a change of post and/or shift or timetable.

In no case shall the victim of harassment be forced to change position, working hours or location within the company. b. Without prejudice to the provisions of the previous point, if appropriate, and depending on the results of the investigation, the aggressor shall be sanctioned by applying the table of offences and penalties set out in the collective agreement applicable to the company or, where appropriate, in Article 54 of the Workers' Statute The following shall be taken into account among the penalties to be considered when applying them to the aggressor:

1. transfer, posting, change of post, working day or location
2. suspension from employment and pay
3. the time limitation for promotion
4. disciplinary dismissal In the event that the sanction against the aggressor is not the termination of the contractual relationship, Novelty Audiovisual's management will maintain an active duty of vigilance towards the employee when he/she returns to work (in case of suspension), or in his/her new position in case of a change of location.

But always and in any case, compliance with the eradication of harassment will not end with the mere adoption of the measure of change of post or with the mere suspension, being necessary its subsequent monitoring and control by the company.

The management of Novelty Audiovisual will adopt the necessary preventive measures to avoid a recurrence of the situation, will reinforce training and awareness-raising actions and will carry out actions to protect the health and safety of the victim, including, among others, the following: - Assessment of psychosocial risks in the company. - Adoption of surveillance measures to protect the victim. - Adoption of measures to avoid recidivism of the sanctioned persons. - Psychological and social support for the harassed person. - Modification of working conditions that, with the prior consent of the harassed person, are considered beneficial for their recovery. - Training or retraining for the professional updating of the harassed person when he/she has been on IT for a prolonged period of time. - Carrying out new training and awareness-raising actions for the prevention, detection and action in the face of sexual harassment and/or harassment based on sex, aimed at all persons who provide their services in the company.

3.2.4 Monitoring

Once the file has been closed, and within a period of no more than thirty calendar days, the person in charge of processing and investigating the complaint DIKRA El AZZOUZI HENNOUK, will be obliged to follow up on the agreements adopted, i.e. on their compliance and/or the result of the measures adopted.

The result of this monitoring will be the subject of a report containing the proposed measures to be adopted in the event that the events causing the procedure continue to occur, and an analysis will also be made of whether the proposed preventive and punitive measures have been implemented, where appropriate.

This report shall be sent to the management of the company in order for it to adopt the necessary measures, as well as to the legal representatives of the workers, if any, and to the person responsible for occupational risk prevention, with the precautions indicated in the procedure regarding the confidentiality of the personal data of the parties concerned.

4. Duration, enforceability and entry into force

The contents of this protocol must be complied with, coming into force as soon as it is communicated to the company's staff through SESAME and remaining in force until further revision.

However, it will be necessary to carry out a review and adaptation of the protocol in the following cases. - At any time during its validity with the aim of reorienting compliance with its objectives of prevention and action against sexual harassment and harassment for reasons of sex - When its lack of adaptation to the legal and regulatory requirements or its insufficiency is revealed as a result of action by the Labour and Social Security Inspectorate. - In the event of a merger, takeover, transfer or modification of the legal status of the company and in the event of any incident that substantially modifies the company's workforce, its working methods or organisation. - When a court ruling condemns the company for discrimination based on sex or sexual orientation or determines the lack of adaptation of the protocol to legal or regulatory requirements.

The present procedure does not preclude the right of the victim to report, at any time, to the Labour and Social Security Inspectorate, as well as to the civil, labour or criminal courts.

5. Model complaint or denunciation in the company Novelty Audiovisual
6. Person reporting the facts

• χ Person who has suffered harassment:
• χ Other (Specify):

1. Details of the person who has suffered the harassment

• Name:
• Surname:
• DNI:
• Position:
• Type of contract/employment relationship:
• Telephone:
• Email:
• Address for notifications:

1. Details of the aggressor

• Name and surname:
• Professional group/category or position:
• Work centre:
• Name of the company:

1. Description of the facts Include an account of the facts complained of, attaching as many numbered sheets as necessary, including dates on which the facts took place whenever possible:
2. Witnesses and/or evidence If there are witnesses, give their names and surnames:

Attach any means of proof that you consider appropriate (please indicate which):

1. Application

The complaint or report of harassment (INDICATE WHETHER SEXUAL OR SEX-BASED) against (IDENTIFY AGGRESSOR) is considered to have been filed and the procedure set out in the protocol is initiated:

• Location and date:
• Signature of the person concerned:

For the attention of the person in charge of the complaint procedure against sexual harassment and/or harassment on grounds of sex in the company Novelty Audiovisual.

Protection of Personal Data

The personal data provided during the complaint process will be treated with the strictest confidentiality by NOVELTY AUDIOVISUAL, S.L. as Data Controller in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD). The purpose of the processing is to manage and respond to the complaint or incident filed by the worker, which will include the investigation, follow-up and resolution of the same, in accordance with the applicable labour laws and regulations.

Once the complaint has been resolved and the sanctioning procedure has been concluded, if any, the data will be kept blocked during the period of limitation of the sanction, or as long as they can be used in legal proceedings. Data shall only be communicated to third parties when it is necessary for the adoption of disciplinary measures or for the processing of legal proceedings, if any, without prejudice to the notification to the competent authority of facts constituting a criminal or administrative offence. The legal basis for the processing of personal data is the fulfilment of the controller's legal obligations.

The data subject may exercise the rights of access, rectification and erasure of his or her data and the right to limit or object to the processing of his or her data at administracion@novelty-spain.com . He or she may also lodge a complaint with the supervisory authority at www.aepd.es if he or she considers that the processing does not comply with the regulations in force.