An equality plan in Spain is mandatory for many companies and is a key tool for preventing discrimination, structuring internal policies and proving employment compliance. Since the reform introduced by Royal Decree-Law 6/2019, companies with 50 or more employees must have an equality plan.
In addition, Royal Decree 901/2020 regulates equality plans and their registration, while Royal Decree 902/2020 develops equal pay obligations, salary records and pay audits.
In this article we will discuss...
What is an equality plan?
An equality plan is an organised set of measures adopted after a situation diagnosis. Its purpose is to achieve real equality between women and men in the company and eliminate sex-based discrimination.
It should not be treated as a decorative document. It must include objectives, concrete measures, timetable, responsible persons, monitoring indicators and an evaluation system.
Which companies are required to have one?
Companies with 50 or more employees must prepare and apply an equality plan. It may also be mandatory where required by the applicable collective agreement or where agreed by the labour authority as a substitute for sanctions in certain proceedings.
The workforce count must follow the legal calculation rules, including temporary contracts under the terms set by the regulations.
Minimum content of the plan
The plan must be based on a negotiated diagnosis and cover matters such as recruitment, professional classification, training, promotion, working conditions, pay audit, work-life balance, female underrepresentation, remuneration and prevention of sexual and sex-based harassment.
The diagnosis should identify real inequalities and design proportionate measures. A plan copied from another company or lacking internal data may be ineffective and risky during inspection.
Salary record and pay audit
All companies must have a salary record, even if they are not required to have an equality plan. This record must include average salary values, supplements and non-salary payments broken down by sex and distributed by groups, categories or equivalent jobs.
Where the company must have an equality plan, it must also include a pay audit. Its purpose is to detect possible pay gaps, analyse causes and establish corrective measures.
Negotiation and registration
The equality plan must be negotiated with employee representatives or the appropriate negotiating committee. Once approved, it must be registered in the relevant public register.
Negotiation is not a mere formality. The company must provide sufficient information and act in good faith, because defects in negotiation may affect the validity of the plan.
Risks of not having an equality plan
- Labour inspection sanctions.
- Difficulties or inability to contract with the public sector in certain cases.
- Reputational and employment risks.
- Risk in harassment, discrimination or pay gap proceedings.
- Loss of access to grants or benefits requiring compliance.
Good practices for implementation
- Calculate the workforce correctly.
- Create the appropriate negotiating committee.
- Collect reliable employment and pay data.
- Prepare a realistic and documented diagnosis.
- Define concrete, measurable measures with responsible persons.
- Set a timetable and monitoring indicators.
- Register the plan and review compliance periodically.
Frequently asked questions
Does a company with fewer than 50 employees need an equality plan?
Not under the general rule, unless required by a collective agreement or labour authority. However, it may adopt voluntary equality measures and must comply with anti-discrimination rules.
Is the salary record mandatory for all companies?
Yes. All companies must have a salary record, regardless of workforce size.
How long does an equality plan last?
The duration is set in the plan itself, subject to the legal limit. It must be reviewed where appropriate and evaluated during its term.
Can it be prepared without negotiation?
Negotiation is an essential part of the procedure when the plan is mandatory. The appropriate committee must be created and the process documented.
Conclusion
An equality plan is not just a documentary obligation. When properly prepared, it helps structure employment management, reduce risk, improve internal culture and prove a real commitment to equality.