Legal opinion · 6 March 2026

Karin Law: protective measures must not disadvantage the complainant

A 2026 legal opinion requires measures to avoid detriment and preserve remuneration, including variable pay.

The development

Labour Directorate Legal Opinion No. 196/17 states that protective measures adopted during investigations into harassment or third-party violence must not impose burdens or cause detriment to the complainant.

If a measure changes the person's position, the employer must maintain at least the original remuneration, including variable pay, and pay any difference where appropriate.

Why it matters

Before changing shifts or duties as a protective measure, the economic effects should be assessed and the steps to preserve remuneration documented.

Sources

Published by Piracés Abogados · 12 October 2026. General information: its scope must be assessed in light of the circumstances of each matter.