The recent Royal Decree-Law 6/2019, of 1 March, establishes Measures for Equal Treatment and Opportunities between women and men in employment and occupation. It aims to guarantee equal treatment and opportunities for women and men. In employment and occupation, which was initially envisaged to be made effective by Organic Law 3/2007. And that affects the following regulations:
- Organic Law 3/2007 of 22 March for the effective equality of men and women.
- Royal Legislative Decree 2/2015 of 23 October approving the revised text of the ET.
- RDL 5/2015 of 30 October approving the revised text of the Law on the Basic Statute of Public Employees.
- Royal Legislative Decree 8/2015 of 30 October, approving the revised text of the LGSS.
- Law 20/2007, of 11 July, on the Statute for Self-Employment.
- Royal Legislative Decree 5/2000 of 4 August approving the revised text of the LISOS.
- Law 2/2008 of 23 December on General State Budgets 2009 of 22 March, for the effective equality of women and men.
Next, from our Labour Consulting Department we analyze the main modifications in the labour legislation in force. Without analysing the changes introduced in the public sector, the text of which is pending validation or repeal within 30 days of its promulgation by the Congress of Deputies.
Measures for Equal Treatment and Opportunities. Amendment to Organic Law 3/2007.
Equity plans
All companies with 50 or more employees are obliged to draw up and implement an equality plan. Currently, only those with more than 250 employees were obliged to do so.
After drawing up the equality plan, the obligation is established to carry out a diagnosis that must be carried out in a negotiated manner, where appropriate, with the legal representation of the workers, setting obligatory subjects as a minimum content. The diagnosis must be made in the Negotiating Committee of the Equality Plan, and the company management must provide the necessary information to prepare it.
All Equality Plans must be registered in the office created as part of the registers of collective bargaining agreements and work agreements. Dependents of the DG of Labour of the MTMSS or of the labour authorities of the Autonomous Regions.
However, a transitional period starting on 7 March 2019 (date of publication in the Official State Gazette of the RDL) is established depending on the number of workers in the companies:
- 1 year for companies with more than 150 people and up to 250,
2 years for those with more than 100 and up to 150,
3 years for companies from 50 to 100.
The diagnosis, contents, subjects, salary audits, systems for monitoring and evaluating equality plans, as well as that relating to the creation of the registration office and registration conditions, are pending regulatory development.
As well as the final approval by Congress of RDL 6/2019. Which in turn includes other modifications that we will deal with in later publications.
For any help in the application of these measures in your company, you can contact us.
Arrabe Integra
Labour Consulting