The world is evolving and changing rapidly, and the world of law and labour relations is no exception.
In recent years, we have witnessed a clear shift in well-managed companies towards a culture of compliance, which is seen as an essential element and added value for the sustainability and future success of the organisation.
It has occurred in many areas, but arguably the socio-labour area has been the most intervened from a regulatory point of view, highlighting obligations such as time controls, protocols against workplace and sexual harassment, reporting systems and channels, equality plans, the new LGTBI regulations, State of Non-Financial Information (SNFI) reports and the future obligation to produce annual sustainability reports, etc.; along with labour reform and new contract modalities and options for temporality and flexibility.
In companies where a Compliance Management System has already been implemented and properly maintained, it has been highlighted that the area that requires the most attention and control, where more incidents and reports occur, and where the focus, attention and dedication must be placed, is the socio-laboral area. A company that does not manage the socio-laboral area well is poorly managed and not sustainable in the medium term.
Focusing on this socio-occupational area, analysing risks and opportunities for improvement, conducting risk assessments and mapping, implementing an integrated management system, documenting processes, establishing controls, designating control owners, verifying the effectiveness of the system, conducting internal audits, providing training, and maintaining good communication and incident management has clear benefits and has become a necessity for those companies that have a culture of compliance and want to be sustainable.
For this reason, regardless of whether the company has a comprehensive Compliance Management System that covers all its areas and activities, the opportunity, convenience and added value of having a Socio-occupational Compliance Management System has been recognised. With this intention, the UNE 19604 Standard for Socio-occupational Compliance Management has been created.
This standard serves as an excellent guide to establish a reference framework for the quality level of the social and labour compliance management system implemented in the company. It incorporates the lessons learned from the application of other standards such as ISO 31000 on risk management, UNE 19601 on criminal compliance management, ISO 37301 on compliance management systems, UNE-ISO 26000 on social responsibility and other related standards.
The benefits to the company of having a socio-occupational compliance management system in place include (i) demonstrating a culture of compliance and sustainability, which sends a strong message internally and externally about the company's stance on this issue, affecting its reputation and credibility; (ii) identifying and preventing legal risks, avoiding potential damage and identifying areas and opportunities for improvement; (iii) proactively managing incidents or conflicts and effectively handling and resolving complaints or disputes; (iv) protecting and enhancing the company's reputation, strengthening its corporate social responsibility and sustainability; and (iv) protecting and enhancing the company's reputation, strengthening its corporate social responsibility and sustainability; (v) properly documenting the system, its management, designating responsibilities, establishing controls, verifying the effectiveness of controls, and providing effective training and communication; (vi) enhancing business opportunities and social sustainability through a balanced approach between economic growth and social responsibility; (vii) enhancing the ability to attract and retain talent, among others.
Today, and increasingly in the future, a company without a clear culture of compliance, social responsibility and effective social labour management is not and will not be attractive internally or externally. This fact, which is objective and obvious, is of significant importance in a number of areas, from the point of view of employees and their attitudes and commitment; to the ability to attract and retain talent; to the image projected to customers, suppliers, external collaborators and even competitors; to the value of the company in the eyes of potential investors or in the event of a sale or merger. Effective socio-occupational management has undoubtedly become an essential element in creating value for the company and its stakeholders.
For companies that do not have a well-established social labour management system, it is advisable to carry out a thorough initial implementation process, as this will serve as the basis for all subsequent management and maintenance efforts. Both implementation and proper maintenance require the expertise of professionals who are knowledgeable about the subject, have experience and good judgement, and can adapt to the company's context and specific needs with reasonable and proportionate criteria (tailoring solutions to fit). For this reason, it is advisable to call in external experts to guide and manage this process, adding value over and above what the company's internal staff can provide.
The social labour compliance management system is neither contradictory nor redundant to a comprehensive compliance management system for the whole company or to other well-known and recognised standards in the labour field, such as the ISO 45000 series. In companies where a comprehensive compliance management system is in place, socio-occupational compliance is integrated, harmonised and coordinated. With regard to other legal or non-legal (voluntary) standards in the field of labour, socio-occupational compliance in this area should be comprehensive, taking into account its full breadth, diversity and complexity, in order to ensure thorough and efficient monitoring and control.
In conclusion, the new UNE 19604-2023 should be seen as an ideal tool for socio-occupational management, serving as a quality benchmark to be pursued and achieved, and as a practical and highly useful guide for all aspects to be carefully considered, implemented and managed. It represents an opportunity to be seized, a clear possibility for improvement and a differentiating competitive element for those who know how to exploit it.
