Since the entry into force of Organic Law 3/2007 for effective equality between women and men, various regulations and deadlines have been established for organizations to implement these compliance obligations. Royal Decree-Law 6/2019 extended the requirement to implement an Equality Plan (Plan de Igualdad) to companies with more than 50 employees, establishing a progressive rollout schedule.
Key Statutory Deadlines & General Obligations
Companies with over 50 employees: Since March 7, 2022, companies employing between 50 and 100 workers are fully required to have an approved Equality Plan registered.
Companies with under 50 employees: While not strictly obligated to draft a full Equality Plan (unless required by collective bargaining agreements), they must uphold the principle of equal treatment and maintain a Pay Register (Registro Salarial) accessible to employee representatives.
Consequences of Non-Compliance
Failure to comply constitutes a serious labor violation subject to substantial financial penalties, as well as ancillary sanctions such as the automatic loss of public subsidies, state aid, and tax incentives.
Key Steps for Implementation
Creating an Equality Plan requires a qualitative, tailored approach to deliver actual value and reach statutory equality goals rather than serving as a mere administrative exercise:
Promoting Negotiation: Initiate discussions with Legal Employee Representatives (RLT) or sector-level trade unions.
Negotiating Commission Setup: Formally constitute the joint bargaining committee and set procedural rules.
Equality Assessment (Diagnosis): Conduct a thorough internal audit using necessary documentation, covering workforce data, training, and communication.
Pay Transparency & Job Evaluation: Perform a mandatory Equal Pay Audit (Auditoría Retributiva) supported by a structured Job Valuation to identify and correct any gender pay gaps for work of equal value.
Internal Protocols: Draft and implement specific prevention and action protocols against sexual and gender-based harassment.
Plan Drafting & Official Registration: Define scheduled actions, timelines, monitoring systems, and formally register the plan in the public registry (REGCON) within 15 days of approval.
Implementation & Continuous Evaluation: Execute planned measures, conduct staff training, and continuously evaluate progress while updating the Pay Audit.
Need Support with Labor Compliance?
The Labor & Equal Opportunities department at UHY Fay & Co offers specialized consulting services to adapt equality regulations to your organization’s specific needs, ensuring optimal and compliant labor management.
Lydia barrena
Senior Manager Labour & Employment Law
lbg@uhy-fay.com
