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 Ramo 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.
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.
Since January 13, 2021, employers have been required to fully comply with the new equality obligations, following the entry into force of Royal Decree 901/2020, on equality plans and their registration. Moreover, measures aimed at reducing the pay gap, as contemplated in Royal Decree 902/2020, on equal pay for women and men, will start to apply from April 14, 2021, six months after its publication in the Official State Gazette.
Royal Decree-Law 2/2021, of January 26, 2021, on reinforcing and consolidating social protection measures to defend employment has been published following the IV Social Protection Agreement to Defend Employment reached between the government, Spanish unions UGT and CC.OO. and employers’ associations CEOE and CEPYME.
Teleworking, working from home or remote working gained particular importance in 2020 due the various measures adopted by governments and employers to curb COVID-19 infections. So an understanding is needed of the new rules and situation of the legislation on this subject in the various jurisdictions. We examine below the current situation in a few Latin American countries such as Chile, Colombia or Peru.