Do you have more than 50 employees? These are your job duties

The regulations establish a series of specific obligations for those companies that have 50 or more employees.

Equality plan

Companies are required to draw up and implement an Equality Plan, in addition to carrying out a salary audit that evaluates and values each workplace. This information will be included in the Equality Plan.

Failure to properly implement the Equality Plan, or failure to apply it, constitutes a serious or, where applicable, very serious offence, which may be subject to sanctions by the Labor Inspectorate.

Job reservation quota for people with disabilities

From fifty employees onwards, there is an obligation to employ at least two percent of disabled workers. This percentage is equivalent to one worker with a disability for every 50 workers, which forces this number to be updated depending on the workforce variations that may occur.

Those companies that, for some reason, cannot hire disabled workers to cover this quota will have to prove it.

Workplace harassment protocol

  From the entry into force of the Organic Law for effective equality between women and men, the obligation of companies, regardless of size, to implement an action protocol against workplace harassment, sexual and by reason of sex, in which specific procedures are included that allow to prevent and act before it.

Annual payroll record

Mandatorily, all companies, regardless of the number of employees, must make a record with the average salary values, salary supplements and extra-salary perceptions of their workforce, disaggregated by sex and distributed by professional groups, professional categories or equal or equal value jobs. This registration will be annual and must be updated in the event of substantial changes in the company.

Workers have the right to access, through legal representation, their company's salary register. In addition, when the average remuneration of one sex is higher than the other, by at least 25 percent, a justification for this difference must be included.

Digital disconnection protocol

The right to digital disconnection is set up in article 88 of Organic Law 3/2018 on Protection of personal data and Guarantee of digital rights where it is established that "workers will have the right to digital disconnection in order to guarantee , outside the legally or conventionally established working time, the respect of their rest time, permits and holidays, as well as their personal and family privacy”. In addition, it will be necessary to have an internal policy for the exercise of the right to digital disconnection.

Computer media protocol

The computer media protocol or monitoring consists of a code of conduct that regulates the rules regarding the use of computer and mobile devices made available by the company to workers for the development of their professional activity. Its function is to inform workers of their rights and obligations in the use of these means. And in addition, it stipulates how the monitoring of the devices is carried out by the company for business control, being able to access the computer devices in case of any suspicion of illegal labor and apply, if necessary , the corresponding disciplinary regime.

Telework agreements, mandatory if the telework modality is implemented

In order to be considered teleworking, a minimum percentage of 30 percent of the total working hours over a period of three months is required. For example, if the worker does at least two days of telework a week, he already has the consideration of remote work.

The regulations require that the type of modality, duration, location, distribution of working time, means, supervision, compensation, conditions, telework risks, data protection and the processing

Ethical codes

The code of ethics or conduct is a set of mandatory compliance rules, which are established unilaterally by the company. It brings together the rules, criteria and values of the company and the work activity, especially in terms of ethics, to control the behavior of employees within the philosophy and values of the organization.

Breach of the codes of conduct, when they have been incorporated into the employment contract, means that the requirements of seriousness and culpability are met in order to be dismissed.

Legal representation of workers: Works Council

Once a workforce of 50 workers is reached, the workers can set up a company committee, as a representative body for the workers. Companies cannot deny them this right, which is why we consider it one of the obligations of companies with more than 50 employees.

Health and safety committee, only if there is a company committee

Another of the obligations of companies with more than 50 workers that have a company committee is the constitution of the health and safety committee.

It is a joint and collegiate body that is in charge of protecting the health of workers in the workplace.

This Committee will be made up of prevention delegates and the employer and/or their representatives, in the same number as the prevention delegates.

Guarantees for collective dismissal

In the event of collective redundancies, companies with more than 50 workers must offer an external redeployment plan to staff through authorized companies, in addition to including training and job orientation measures .

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