Special Labor Newsletter - Gender Equality - March 2021 | News

Deadlines to comply with the obligation to draw up an equality plan depending on the size of the workforce

Royal Decree-Law 6/2019 established a system of gradual application of the company's obligation to draw up an equality plan, as shown in the following table:

Accordingly, from 7 March 2021, companies with 101 to 150 employees are obliged to draw up and implement an equality plan. It should also be borne in mind that the aforementioned obligation can be established by collective agreement regardless of the number of employees rendering services in the company.

Companies with 50 or more employees must comply with this obligation from 7 March 2022.

The regulation on equality plans came into force on 14 January 2021

The Royal Decree 901/2020 came into force on 14 January 2021 As reported in the alert published on 21 January.

As of this date, companies will have to adapt the equality plans in force at the time of the entry into force of the regulation within the review period foreseen therein and, in any case, within a maximum period of 12 months from the entry into force (14 January 2022).

The royal decree on equal pay will enter into force on 14 April 2021

Royal Decree 902/2020 of 13 October on equal pay for women and men will enter into force 6 months after its publication in the Official State Gazette (on 14 April 2021).

Since March 2019, companies are obliged to have a salary register (regardless of the number of employees), although additional obligations are established in the event that the company is obliged to have an equality plan. This regulation establishes the obligation to include in the equality plan the results of the pay audit, which will have the same duration as the equality plan unless a shorter duration is expressly provided for.

Finally, in accordance with the first final provision of Royal Decree 902/2020, the procedure for the assessment of jobs is pending publication and must be approved by means of an order issued at the joint proposal of the Ministry of Labour and Social Economy and the Ministry of Equality.

Publication of the guide for the preparation of equality plans in companies

On January 21, as indicated in the third additional provision of Royal Decree 901/2020, a guide to drawing up equality plans has been published by the Women's Institute of the Ministry of Equality.

According to the Ministry, the aim is to provide a practical and simple methodological guide for the negotiation and drafting of equality plans, including two blocks: (i) theoretical, which explains the procedure for negotiating and drawing up the plan; and (ii) practical, which offers tools and models that companies can download and adapt to their organizations.

The PSOE (socialist party) submits to the Congress of Deputies the proposal of a new law for the comprehensive equal treatment and non-discrimination

On 21 January 2021, the PSOE submitted a proposal of a new law for the comprehensive equal treatment and non-discrimination to the Spanish Congress.

The proposal includes references to equal treatment in employment and self-employment and the guarantee of such equality in collective bargaining. Among other issues, it states that the Labour Inspectorate should particularly ensure respect for the right to equal treatment and non-discrimination in access to employment and working conditions. Moreover, it establishes that collective bargaining may establish positive action measures to prevent, eliminate and correct all forms of discrimination in the field of employment.

On the other hand, it provides for the creation of a commissioner for equal treatment and non-discrimination as an independent authority responsible for protecting and promoting equality under the terms set out in the text.

Finally, with regard to the possibility of imposing sanctions, the proposal refers to the Law on Infringements and Sanctions in the Social Order (LISOS).