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Special Labor Newsletter - Gender Equality - March 2021

Spain - 

Gender equality and employers’ obligations

Federico Durán

The workplace equality legislation (Organic Law 3/2007 and Royal Decree-Law 6/2019) was recently implemented in Decree 901 and Decree 902 passed in 2020. Both decrees attempt to finalize the legislative measures adopted to advance towards greater gender equality in employer-employee relations. And that advance is sought to be achieved through profuse, complex legislation not without ambiguities and interpretation difficulties. 

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What do I need to know about the new legislation on equality?

María José Ramo, partner of the Labor and Employment Department of Garrigues, explains what is new in relation to equality plans and the recent obligations concerning pay equality at companies. In order to do that, María José uses her extensive experience in advising on the preparation of numerous equality plans and her first-hand knowledge of the difficulties that often arise in these negotiations.

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News

  • Deadlines to comply with the obligation to draw up an equality plan depending on the size of the workforce
  • The regulation on equality plans came into force on 14 January 2021
  • The royal decree on equal pay will enter into force on 14 April 2021
  • Publication of the guide for the preparation of equality plans in companies
  • The PSOE (socialist party) submits to the Congress of Deputies the proposal of a new law for the comprehensive equal treatment and non-discrimination

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Judgments

  • The Supreme Court rules on the equality plan negotiating committee
  • The negotiation of the equality plan is part of the essential content of trade union freedom
  • The existence of a business succession cannot justify wage differences between men and women

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Check here the most relevant milestones in terms of gender equality , to which companies should be attentive.