A little abuse, if in the case where the majority of the workforce was male, because in the job offers that are offered, women are not applied, what consequences does this have for the company? What measures, if any, should be taken? In principle, it must fulfil two obligations: all equality plans that take this into account (see section on voluntary plans) must be entered in the register of equality plans, whether mandatory or voluntary, and regardless of whether they have been agreed between the parties. Therefore, the development and procedure for developing the plan is determined by the provisions of the collective agreement. Although companies with fewer than 50 employees are not required to have an equality plan, they must in any case draw up internal guidelines for effective equality between men and women, even if they do not take the form of a plan or receive such designation. It is up to the parties entitled to negotiate the single plan and who agree on its preparation to justify this opportunity under the conditions they deem most appropriate for the single plan to achieve the objective that all equality plans must have in accordance with the provisions of Article 8 of Royal Decree 901/2020. However, the existence of a single plan for several companies could be based on the fact that several companies in the group share certain business policies or certain organisational, productive, human and other characteristics that are compatible with part of the diagnosis of the situation of those companies (without prejudice to the fact that a diagnostic report of each company should be included); and In such a case, it seems appropriate: that some remedies are the same for all companies. Companies with 101 to 150 employees must also implement binding equality plans. If applicable, the deadline for their development and implementation was March 7, 2021. It is a committee composed of representatives of the company and representatives of the workers, whose main tasks are to establish the diagnosis of equality, to implement the equality plan, to identify priority actions and material and human resources, to define measurement indicators and any other function that can exercise it under the regulations or collective agreements in force. When the bargaining committee is set up, the equal participation of the company`s representatives and employees shall be established. A balanced composition of women and men and the training of their members in equality in the workplace should be promoted. The equality plan must be subject to compulsory registration in the public register, taking into account the registration of collective agreements and agreements as such. In addition to general respect for the principle of equality in enterprises, it provides for the obligation to negotiate equality plans in a binding manner in companies with more than 50 employees, and in all companies, regardless of the number of employees, they must have a register of wages (broken down by sex, in each occupational group, category or employment of equal value).
Since the latter is mandatory for companies with the obligation to implement an equality plan), which includes the average and median of what is actually received, distinguishing between the basic salary, salary supplements and the additional salary of all staff, registration is mandatory for all companies, regardless of the number of employees and including managers and senior officials. Yes, the register must not only contain a breakdown of remuneration concepts by type (basic salary, salary supplements and non-salary payments), but must reflect each of the specific remuneration concepts received by staff (e.g. seniority bonus, profit-sharing, night work bonus, etc.), including the receipt of ancillary remuneration (such as and inter alia, B. Compensation or supplement for expenses incurred in connection with their work, supplementary benefits, long-distance and transport allowances, transfer, suspension and dismissal allowances, housing and maintenance allowances). The remuneration register contains the average values of wages, wage supplements and non-wage perceptions of the workforce, disaggregated by sex, occupational category, level, position or other applicable classification system. In accordance with the Regulation of the Workers` Statute and Royal Decree 902/2020 of 13 October, the register of remuneration must be established for each company and refer to all its employees, including executives and management positions. Consequently, it is mandatory to keep a single register covering the whole undertaking, without prejudice to the fact that the company may also establish a register of remuneration for each post by decision. The introduction of the pay register in the organisation is a commitment established in Article 28.2 of the Workers` Statute and reaffirmed in Royal Decree 902/2020 on equal pay for women and men. Is the equality plan mandatory for all companies? What organizations should they develop? From what number of employees is the company obliged? What deadlines must be met in each case? In this article, we answer all your questions about the mandatory nature of equality plans. The register must also be updated in the event of substantial changes to any of its elements so that it continues to fulfil its objective of “ensuring transparency in the design of perceptions in a faithful and up-to-date manner”.
In order to determine which changes are significant, quantitative aspects may be taken into account if the change affects all staff or is collective or qualitative if the change affects the company`s remuneration policy. On the other hand, in government, they are aware that not all businesses are created equal. Large organizations have more resources to develop plans, and their activities also reach more people, whether they are workers or their social circle. Therefore, they are the ones who must be the first to implement their equality plans. The calculation of employees for the obligation to implement the equality plan, how is it calculated? For example, it is a company that does not have an exact workforce. This makes the parameters dependent on the season and production. Is there an average number of workers? Equality regulations in the company have made considerable progress, which is characterized by the binding deadlines set. Although the equality plan already existed for companies with more than 250 employees, in 2021, public and private companies with more than 150 employees were made mandatory for its creation and registration. Finally, in March 2022, it was the turn of the last remaining route to adapt to the regulations, i.e. companies with more than 50 employees. The 2030 Agenda includes a direct SDG related to gender equality, SDG 5, “Achieve gender equality and empower all women and girls”, although we must start from the premise that gender equality is a cross-cutting public policy and must project its impact on the 2030 Agenda as a whole. in the 17 SDGs.
Although NGOs have different characteristics from those of private companies, these bodies are also subject to compliance with the rules of equal opportunities for women and men. There are specialized platforms for the development of these plans in the field of public administration, which make it possible to develop the equality plan at each stage of the project, adapt it to the specific needs of each organization, and then manage its implementation and monitoring. No. Centres that do not have legal representation of workers must form the Trade Union Committee in accordance with Article 5.3 of Royal Decree 901/2020. In this context, article 46bis of the Law on Offences and Penalties in the Social Order stipulates that, in the case of particularly serious offences, certain ancillary sanctions may be avoided by drawing up and implementing an equality plan, unless the enterprise is already obliged to do so by the collective agreement in force or because of the number of employees in the enterprise. The equality plan is drawn up in five phases, common to all companies. Next, we will take a close look at each of them: voluntary equality plans can only be drawn up by companies that are not obliged to do so under Articles 45.2, 3 and 4 of Organic Law 3/2007, of 22 March. In order to carry out the equality plan and the registration of wages, the calculation of the workforce is carried out for all persons hired within the organization, regardless of the type of employment contract. In this case, the scholarship holder does not count. It includes the staff hired by ETT. This is another fundamental step in analyzing the organization`s compensation.