The Business Equality Plan enters into force on 7 March

An Equality Plan is an orderly set of measures that can be assessed, aimed at removing obstacles that prevent or hinder the effective equality of women and men, and eliminating discrimination on the grounds of sex at work.

The Equality Plan must be structured after a previous diagnosis has been made, negotiated with the legal representation of the working people, and drawn up in the negotiating committee.

These plans must set out the objectives to be achieved, the strategies and practices to be adopted to achieve them. They must also include the establishment of effective systems for monitoring and evaluating the objectives set. In addition, they will include the whole company, without prejudice to the establishment of appropriate special actions with respect to certain work centers.

What aspects should be taken into account in an Equality Plan?

• The Equality Plan must include at least the following subjects:
• Working conditions, including the salary audit between women and men.
• Selection and hiring process.
• Professional classification.
• Formation.
• Professional promotion.
• Co-responsible exercise of the rights of personal, family and work life.
• Female underrepresentation.
• Prevention of sexual and sexual harassment.

Regulations governing the Equality Plan

On 1 March 2019, Royal Decree-Law 6/2019 on urgent measures to guarantee equal treatment and opportunities for women and men at work was published. The obligation to implement an Equality Plan for companies with more than 50 employees was established.

The Agreement on Effective Equality between Women and Men at Work was signed on 30 July 2020. This regulation guarantees equal pay, the effectiveness of equality plans and the registration with paid and average pay information, by professional classification and by work of equal value.

What are the advantages of implementing the Plan?

The benefits of implementing an equality plan in the company are many, but the main ones are:

Internal benefits

Due to the very nature of Equality Plans, when seeking equal treatment for all men and women working in a company, the mere fact of having it implemented is already motivating for its workers, leading to a commitment and a greater identification with the company and, as a result, the increase in productivity and the reduction of absenteeism rates are favored.

External benefits

If your company collaborates with the Public Administration, it is possible that, in certain cases, the Administration itself will require you to have an Equality Plan in place as a precondition for working in its field. In other cases, the Administration will give preferential treatment to those companies that have implemented it.

Companies will also be able to improve their social image in the face of competition or their sector in general, by being able to display as a brand image that they already apply.

Those small companies and organizations with a workforce of between 30 and 49 people, not required by law, who voluntarily adopt the drafting of the Equality Plan will be eligible for public grants.

What if my company does not have an Equality Plan?

Failure to comply with the duty to draw up and implement an Equality Plan constitutes a serious infringement, which is punishable by a fine of 626 to 6,250 euros.

On the other hand, when the obligation to carry out the Equality Plan is at the request of the labor authority (Labor Inspectorate), the regulations will consider it a very serious offense and, in this case, the sanction may be 6,251. at 187,515 euros. In addition to the automatic loss of aid, bonuses and, in general, the benefits derived from the application of employment programs, with effect from the date on which the infringement was committed and the automatic exclusion of the access to these benefits for six months.

And under the Public Sector Contracts Act, companies that do not have an Equality Plan or do not comply with it will not be able to establish contracts with the Public Administration.

If you need more information do not hesitate to contact DATA and SERVICES