Promote Inclusion and Respect in your Company with Nextica Law & Tax's Equality Plans
Equality Plans are mandatory and also foster a diverse, inclusive environment. We help you develop and implement an Equality Plan tailored to your company and compliant with the law, promoting a culture of respect, fairness and inclusion.
Equality Plans are not only essential for complying with legal regulations but also for promoting a diverse, inclusive, and respectful work environment. At Nextica Law & Tax, we help you develop and implement an Equality Plan that meets the specific needs of your company, ensuring it complies with current regulations and fosters a culture of respect, equity, and inclusion.
THE COMPENSATION AUDIT — THE MOST DEMANDING ELEMENT
The pay audit (regulated in RD 902/2020) is the analysis of the company's salary structure to detect pay differences between men and women that are not objectively justified by factors such as level of responsibility, training, experience, or job conditions. The audit must include: (1) obtaining pay information disaggregated by sex, category, and job position; (2) analysis of the causes of the detected differences; (3) valuation of job positions that allows identifying jobs of equal value with different remuneration; and (4) corrective action plan when unjustified differences are detected.
The wage difference alone is not illegal
what the law sanctions is the pay difference that cannot be justified by objective reasons unrelated to the worker's sex. The audit must document both the differences and their justification.
IS YOUR BUSINESS REQUIRED? — THRESHOLD TABLE
The calculation of employees includes all the company staff, regardless of their type of contract, working hours, or workplace. Part-time workers are calculated according to their equivalence to full-time.
| Template | Equality Plan | Remuneration audit | Reporting channel |
|---|---|---|---|
| Less than 50 workers | Volunteer | Not mandatory | Volunteer |
| 50 to 249 workers | MANDATORY — negotiated with RLT | MANDATORY — included in the Plan | MANDATORY since 2023 |
| 250 or more employees | MANDATORY · annual remuneration register | MANDATORY · annual update | MANDATORY since 2023 |
Less than 50 workers
50 to 249 workers
250 or more employees
What's worth knowing
Avoid penalties for non-compliance
Improve your company's image and reputation
A diverse team improves cohesion and productivity
What's included
Customized Equality Plans Development
We help you create a plan tailored to your company's needs, ensuring regulatory compliance and promoting the values of equality and equity.
Regulatory Compliance in Equality Matters
We ensure that your Equality Plan complies with current legal regulations, protecting your company from potential sanctions and strengthening its reputation.
Training in Equality and Diversity
We offer training programs for employees and managers, raising awareness among the entire team about the importance of gender equality and inclusion.
Monitoring and Updating the Equality Plan
We supervise the implementation of the Equality Plan and ensure that it is always updated according to new regulations or the company's needs.
MINIMUM MANDATORY CONTENT OF THE PLAN — RD 901/2020
Determination of the parties involved and their scope of personal, territorial, and temporal application.
Situation diagnosis
disaggregated analysis by sex in the areas of selection and recruitment, professional classification, training, professional promotion, working conditions, remuneration, shared responsibility, and prevention of sexual harassment.
Results of the remuneration audit and, if applicable, plan for correcting remuneration gaps.
Definition of qualitative and quantitative objectives for each area, with measurement indicators.
Description of specific measures with execution deadline, responsible person, and assigned resources.
Monitoring, evaluation, and periodic review system (at least annually for the remuneration record).
Reporting and protection procedure against sexual harassment and discrimination based on sex.
En detalle
REGULATORY FRAMEWORK — WHAT OBLIGES YOUR COMPANY
The obligation to draw up an Equality Plan is regulated in: → Organic Law 3/2007, of March 22: establishes the obligation for companies with 50 or more workers (art. 45, modified by RDL 6/2019). → Royal Decree 901/2020, of October 13: regulates the minimum content of the Equality Plan, the negotiation procedure, and the registry. → Royal Decree 902/2020, of October 13: regulates the pay audit, the pay registry, and salary transparency. → Law 2/2023, of February 20 (Whistleblowing): for companies with 50+ workers, requires having an internal reporting channel that also covers situations of harassment. It complements the anti-harassment protocol.
MINIMUM MANDATORY CONTENT OF THE PLAN — RD 901/2020
Article 8 of RD 901/2020 establishes the minimum content that every Equality Plan must include:
THE PROCESS IN NEXTICA — NEGOTIATION, DRAFTING, AND REGISTRATION
1. Diagnosis: analysis of the workforce, salary structure, selection and promotion processes with sex-disaggregated data. 2. Pay audit: job evaluation and identification of pay gaps with objective justification for each difference. 3. Constitution of the negotiating committee: company and representation of workers (or most representative unions if there is no worker representation). The negotiation process must be formalized and documented. 4. Negotiation and drafting of the Plan: concrete measures, objectives with indicators and deadlines. We seek a balance between regulatory compliance and practical feasibility for your company. 5. Approval and signature: by agreement in the negotiating committee (preferable) or unilaterally if there is no agreement, documenting the negotiation attempt. 6. Registration in REGCON: registration in the Registry and Deposit of Collective Agreements of the Autonomous Community. Without registration, the Plan does not produce full legal effects. 7. Follow-up: annual review of the pay register and updating of the Plan when the circumstances of the company change.
SANCTIONS FOR NON-COMPLIANCE
Not having an Equality Plan as a mandatory company: very serious infringement (art. 46.bis LISOS), penalty of up to €187,515. · Not negotiating in good faith with the RLT: serious infringement, up to €7,500. · Absence of wage register: serious infringement, up to €7,500. · Loss of public contracts: art. 71.1.d LCSP provides for the prohibition of contracting with the Administration for companies with more than 250 employees without a current Equality Plan.
Frequently asked questions
What happens if there is no legal representation for workers in the company?
The company must communicate the opening of the negotiation process to the most representative unions in the sector (both at the state and regional levels), inviting them to establish the negotiating committee. If the unions do not come forward within 10 business days, the company may prepare the Plan unilaterally, but must retain the documentation proving the attempt to negotiate.
How often should the Equality Plan be renewed?
The maximum duration of the Plan is 4 years (art. 9 RD 901/2020), although it can be reviewed earlier if there are significant changes in the workforce or in the working conditions. The salary register must be updated annually. The monitoring committee must meet at least once a year to assess compliance with the objectives.
What is the difference between the Equality Plan and the harassment protocol?
They are two distinct documents with their own regulatory frameworks. The Equality Plan has a broader content (selection, training, promotion, remuneration, reconciliation) and is mandatory for companies with 50+ employees. The protocol for preventing sexual harassment and harassment based on gender is an independent obligation that applies to all companies regardless of their size (art. 48 LO 3/2007), although it can be incorporated as a measure within the Equality Plan.
Can the Equality Plan be challenged by the workers?
Yes. A Equality Plan that does not comply with the minimum content of Royal Decree 901/2020 or that has been developed without respecting the negotiation process can be challenged in the social courts. The challenge can be initiated both by the legal representation of the workers and by the authorized unions.
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