Spanish Equality Plan 2022: Frequently Asked Questions

Actualizado: 1 feb

All companies with more than 50 employees will be obliged to have an Equality Plan from 7 March 2022.

An Equality Plan is a set of assessable measures aimed at eradicating those obstacles that prevent or hinder effective equality between women and men, and at eliminating discrimination based on sex in the workplace.

Equality plans must set out the proposed equality objectives and the strategies and practices to be implemented in order to achieve them. They must also include the establishment of effective systems for monitoring and evaluating the objectives set.

In mid-December, we had the opportunity to host a webinar together with our partner, Triangle Talent Solutions, to share the requirements and aspects to consider when implementing an Equality Plan in Spain.

Some of the most common questions regarding the implementation of an Equality Plan in March 2022 are the following:

Who should initiate an Equality Plan?

The initiative must come from the company. However, if this is not the case, the workers' legal representatives must ask the company to set up a negotiating committee. If no reply is received, or if the company refuses, the Labor Inspectorate should be requested to act.

Which companies are obliged to draw up an Equality Plan?

Royal Decree-Law 6/2019 of 1 March reduced from 250 to 50 the number of staff required to make the implementation of an equality plan mandatory.

When is it mandatory to draw up and implement an Equality Plan?

  • When so established in the applicable collective bargaining agreement, regardless of the number of people on the workforce, under the terms set out in the collective bargaining agreement.

  • When agreed by the labor authority in a sanctioning procedure, in substitution of the accessory sanctions for the drawing up and implementation of such plan.

What about companies for which an equality plan is not mandatory?

All companies, regardless of the number of employees, are obliged to respect equal treatment and equal opportunities in the workplace. To this end, they must adopt measures aimed at avoiding any type of discrimination between women and men in the workplace. These measures must be negotiated and, when appropriate, agreed with the legal representatives of the workers in the manner determined by labor legislation.

The Labor Inspectorate will intensify its work in the coming years. It will check whether the obliged companies actually have an Equality Plan and whether they have implemented it, and, on the other hand, it will also influence companies to apply equality and anti-discrimination measures.

Don't miss the recording of our webinar to find out all the details of a correct implementation of the Equality Plan.

If you want to know more about the strategic objectives of the Labor Inspectorate on gender discrimination for the 2021-2023 period, don't miss this post.

IVC wants to be your trusted partner by offering the experience of a labor department prepared to help companies with their personnel management and administration. We provide support to align your policies in accordance with current regulations.

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