La garantía de la salud mental en el trabajo: obligatoriedad técnica de la evaluación psicosocial y régimen jurídico de la responsabilidad por daños psíquicos

Abstract

Mental health plays a central role in the balance that every citizen needs to function adequately in their work and social environments. For this reason, it is important to incorporate psychosocial risks —including, but not limited to, work-related stress, harassment, violence, overwork, and stress linked to new technologies— into the preventive assessment and management of companies. Spanish legal systems and the European Union regulatory framework provide sufficient tools to understand that a safe work environment is also required for companies in terms of mental health. After explaining the concept and the health and organizational relevance of such risks, the internal legal basis is examined, contextualized within European regulations. The most recent response of Spanish courts to non-compliance in this area underscores the diverse implications that our regulatory model can offer. To illustrate the reality, eight jurisprudential precedents are discussed that show the most outstanding experience offered by the latest doctrine (period 2020 to 2025). Deficiencies in preventive measures are generating significant compensation, facilitating the professional qualification of psychological injuries that appear to be linked to the performance of work. Finally, practical recommendations are put forward for organizations and legislators to strengthen a preventive culture and ensure a healthy work environment. The conclusion is conclusive, as the protection of workers' mental health has become an inescapable legal obligation and a requirement of responsible governance.