With the entry into force ofRoyal Decree-Law 6/2019 on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, the number of people in a company's workforce for the negotiation of an equality plan to be mandatory is reduced from 250 to 50.
On March 1, 2019, Royal Decree-Law 6/2019 was published on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, which introduces important changes and modifications to the provisions of Organic Law 3/2007, of March 22, for the effective equality of women and men.
Perhaps the most significant change is the requirement to negotiate an equality plan when a company has 50 or more employees, whereas under the previous regulations this obligation only applied to companies with 250 or more employees. However, a phased implementation period is established, structured as follows:
- From March 2020, all companies with more than 150 employees must have an approved equality plan.
- From March 2021, all companies with more than 100 employees will be required to have an approved equality plan.
- From March 2022, all companies with a workforce of 50 or more employees must have an approved equality plan.
Likewise, the obligation is established to prepare a prior diagnosis of the company's situation, negotiated within the negotiating committee and containing, at least, the following matters:
- Selection and hiring process.
- Professional classification.
- Training.
- Professional advancement.
- Working conditions, including a gender pay audit.
- Shared responsibility for exercising personal, family and work life rights.
- Underrepresentation of women.
- Compensation
- Prevention of sexual harassment and harassment based on sex.
Another new feature introduced by the aforementioned Royal Decree is the creation of a Register of Equality Plans for companies, which is under the General Directorate of Labor, establishing the legal obligation to register them in it.
With this series of modifications, the legislator intends to make progress on an emerging issue today, namely the equal treatment of women and men, so that it ceases to be a mere formality for companies and improvements and content are applied to alleviate the existing differences based on sex.
If you require further information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.
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A graduate in Law from the University of Barcelona, she also completed a Master's degree specializing in Labor Law and Social Security at the Barcelona Bar Association. She began her professional career as an intern while studying and later joined the Navarro Law Firm as an employment lawyer, advising companies nationwide on labor law matters and representing them before the Labor Courts, the Labor Inspectorate, in conciliation proceedings, etc. In February 2017, she joined Àmbit Jurídic i Econòmic as a professional partner after extensive experience as an employment lawyer.
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