Regulating equality plans and their registration

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Royal Decree 901/2020 comes into effect

Royal Decree 901/2020, which came into effect on the 14th of January 2021, aims the regulatory development of equality plans, as well as their diagnosis and registration., in accordance with the provisions of Organic Law 3/2007 and Royal Decree 6/2019, which established a set of measures and requirements to be fulfilled by companies in terms of equality and prevention of harassment, such as the obligation to implement such equality plans in companies with more than 50 employees.

The deadlines for drawing up these equality plans are as follows:

  • Companies with more than 150 employees – 7 March 2020 (EXPIRED)
  • Companies between 101 and 150 employees – 7 March 2021 (NEXT DEADLINE)
  • Companies between 50 and 100 employees – 7 March 2022

Negotiation of equality plans

Companies must initiate the negotiation procedure for their equality plans by setting up the negotiating committee within a maximum period of three months from the moment when the size of the workforce reaches 50 or more employees.

In any case, companies must have negotiated, approved, and submitted the registration application of their equality plan within a maximum period of one year from the day following the date on which the deadline for initiating the negotiation procedure expires. To this end, a negotiating committee shall be set up in which the company’s and employees’ representatives shall participate on an equal footing. Commonly, the following will sit on the negotiation committee as workers’ representatives: the staff representatives, the workers committee, or the trade union sections, if there are any. In addition, equal representation of men and women in each part of the committee should be encouraged.

The company may have external advice from experts on gender equality, who will intervene providing their knowledge, but will not be able to participate or vote in the decision-making process.

Equality plans content

Prior to drawing up the Plan, a diagnosis of the situation must be carried out, covering at least the following areas:

a) Selection and recruitment process.
b) Professional classification.
c) Training.
d) Career development.
e) Working conditions, including gender pay audit in accordance with the provisions of Royal Decree 902/2020 of the 13th of October on equal pay for women and men.
f) Co-responsible exercise of the rights of personal, family and working life.
g) Under-representation of women.
h) Remunerations.
i) Prevention of sexual and gender-based harassment.

Validity and monitoring of equality plans

The period of validity of the equality plans, which will be stipulated by the negotiating parties, cannot exceed four years. During this period, the measures included in the equality plan may be reviewed and modified at any time, in order to adapt to any changes in the company, thus improving its application and making the Plan a dynamic tool that serves the purpose of improving the situation of equality between men and women in the company.

Equality plans registration

Finally, Royal Decree 901/2020 implements the obligation to register equality plans by amending Royal Decree 713/2010 of 28 May on the registration and deposit of collective bargaining agreements. This obligation is applicable to all equality plans, regardless of their origin or nature (voluntary or mandatory). It also provides for the voluntary deposit of measures and protocols for the prevention of sexual and gender-based harassment.

 

 

 

 

Raquel Hernáez Ruiz

Directora de Organización y RRHH 

rhr@uhy-fay.com

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