The Equality Plans have been regulated since 2007, with the purpose of promoting, in the business sphere, equality between women and men.
La obligatory of the Equality Plans was established years after being defined in the Organic Law of 2007. It was in the year 2019 with the Royal decree law that the compulsory nature of the Equality Plans was determined.
The request to the companies of a Mandatory Equality Plan aims to delete the discriminations labor of which the victims are ofdiscrimination based on sex.
They are often seen in workplace inequalities by sex related to access to managerial positions, remuneration, opportunities for training, promotion, among others.
Companies required to have an Equality Plan.
Any organization that submits a template with more than 50 working people is required to prepare a Equality Plan. This obligation is contemplated in Royal Decree 901/2020.
The obligation to draw up the Equality Plan by organizations with more than 50 workers includes the private company, public institutions and non-profit associations.
There are other conditions that also require institutions to prepare an Equality Plan:
- By requirement of the Collective Application Agreement.
- impose it the labor authority competent. Generally, this occurs as a measure that replaces a sanction.
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Obligation of the Equality Plan for the number of workers.
When a company exceeds 50 workers in its workforce, the Royal Decree determines that said company is obliged to draw up an Equality Plan.
This obligation has been progressively implemented:
- From the 8th of 3rd 2020, companies with more than 150 people they must have the Equality Plan ready.
- From the 8th of 3rd 2021, companies with more than 100 people they must have the Equality Plan ready.
- From the 8th of 3rd 2022, companies with more than 50 people they must have the Equality Plan ready.
Obligation of the Equality Plan by requirement in the collective agreement.
In the Organic Law 3/2007 is established in article 45.3 that companies must prepare and apply an Equality Plan when it is established in the collective agreement and it will be done in the terms contained in said agreement.
Obligation of the Equality Plan established by the competent labor authority.
In the Organic Law, in its article 45.4 establishes that the labor authority before a procedure involving sanctions can agree replace those sanctions for the preparation and application of Equality Plan, complying with the terms established in the agreement.
The labor inspection has the power to force the company to prepare the Equality Plan in the event of a discrimination offense, in which a procedure has been carried out that has generated sanctions.
This option can be applied when the company requests it and has the authorization for the labor inspection.
It is important to clarify that with this agreement the main sanction is not avoided, accessory sanctions are replaced by the Equality Plan. Another clarification, this agreement is viable in the event that the company no longer has the obligation to prepare the Equality Plan by applicable collective agreement or by the number of workers that the company has.
