Should you have implemented a gender equality plan in your company?

Should you have implemented a gender equality plan in your company?

The Organic Law 3/2007, of March 22, for effective equality between women and men establishes the obligation that companies with more than fifty (50) employees must have a gender equality plan since March 8, 2022.

What is a gender equality plan?

A gender equality plan is a series of actions designed with the aim of ensuring equality between men and women in the workplace. This plan aims to eliminate barriers that hinder, restrict, or prevent equal treatment between individuals of different genders in the company.

A gender equality plan for companies should include a prior situation report, which must detail the initial situation regarding equality within the organization. That is, a prior diagnosis must be carried out where the state of the company in this matter can be clearly seen.

Based on this prior diagnosis, the gender equality plan will have to develop the necessary measures to provide a solution to the failures or shortcomings that may have been identified in the prior report. Likewise, it will be essential to include an action calendar, as well as carry out the necessary controls to monitor the implementation of the measures to evaluate their effectiveness. This plan must also include an action protocol and the designation of those responsible for implementing and monitoring it.

As we have previously mentioned, the obligation to have implemented a Gender Equality Plan is only enforceable for those companies with more than fifty (50) employees on staff. However, for those companies with fewer members, this plan is voluntary, although it remains a good practice.

For the realization of the plan for these voluntary companies, it will be necessary for the company’s management to consult or negotiate with the legal representation of the employees, applying what is established in the current regulations.

What should the gender equality plan include?

Royal Decree 901/2020 of October 13 establishes that the diagnosis and the plan must refer, at least, to the following subjects:

• Selection and hiring process.
• Professional promotion.
• Professional classification.
• Training.
• Working conditions. In this case, a salary audit between men and women should be included in accordance with the provisions of Royal Decree 902/2020, of October 13, on equal pay between women and men.
• Remunerations.
• Verify the existence of female representation.
• Protocol for the prevention of sexual harassment and harassment based on sex.
• Exercise of rights to reconcile personal, family, and work life.

What deadlines does the company have to prepare the Gender Equality Plan?

According to Royal Decree 901/2020, which regulates equality plans and their registration, the company will have a period of three (3) months from the moment of obligatory compliance.

Similarly, the regulations establish fines and penalties for companies that fail to implement the gender equality plan. These fines can be considered serious or very serious:

• Serious sanctions: Economic fines ranging from 750 to 7,500 euros for not having complied with the obligations regarding equality plans and measures established in Law 3/2007, of March 22, for effective equality between women and men, the Workers’ Statute, or the applicable collective agreement.
• Very serious sanctions: Economic fines that can exceed 200,000 euros for cases where the equality plan has not been drawn up or applied, clearly breaching the terms provided.