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Equality in the workplace

Companies are obliged to respect equal treatment and opportunities in the workplace, for which they must adopt measures aimed at avoiding any type of labor discrimination between women and men.

For this purpose, companies with 50 or more workers (until March 1, 2019, the threshold was 250 workers) need to implement and apply an equality plan, with the scope and content established by law, which must be negotiated with the legal representation of the workers.

Since March 1, 2019, companies have the following deadlines to have this equality plan in place:

  • Companies with more than 150 and up to 250 workers have a one-year period for the approval of equality plans.
  • Companies with more than 100 and up to 150 workers have a period of two years for the approval of equality plans.
  • Companies with 50 to 100 employees have a period of three years for the approval of equality plans.

Equality plans must contain an ordered set of evaluable measures aimed at removing obstacles that impede or hinder the effective equality of women and men. Before establishing the plan, a negotiated diagnosis should be drawn up, where appropriate, with the legal representation of the workers, which will contain at least the following subjects:

  1. Selection and contracting process.
  2. Professional classification.
  3. Training.
  4. Professional promotion.
  5. Working conditions, including the salary audit between women and men.
  6. Co-responsible exercise of the rights of personal, family and work life.
  7. Infrepresentation of women.
  8. Remuneration.
  9. Prevention of sexual harassment and because of sex.

In addition, companies must keep a record with the average values of salaries, supplements and extra-salary perceptions, disaggregated by sex, professional groups, professional categories or positions of equal value. Employees have the right to access, through the legal representation of workers in the company, the salary record of their company. When in a company with at least fifty workers, the average remuneration for workers of one sex is higher than the other by twenty-five percent or more, taking the whole of the payroll or the average of the salaries paid, the employer must include in the salary record a justification that said difference responds to reasons not related to the sex of the workers.