In recent weeks it is not strange that you have heard a lot of news about equality plans in companies. In mid-October, the Royal Decree 901/2020, of October 13, which regulates equality plans and modifies Royal Decree 713/2010, of May 28, on the registration and deposit of collective bargaining agreements and agreements. This text, which will come into force on January 14, 2021, is the Regulation for the development of Royal Decree-Law 6/2019, of March 1, which established important changes regarding equality plans.
For practical purposes, if you are evaluating carry out an Equality Plan in your company, we strongly recommend reading both standards, although this post can help you know where to start:
What companies are obligated?
On the date on which the Regulation comes into force, those of 50 or more workers.
How is the calculation of working people done?
It must be taken into account the total workforce, regardless of the type of contract, whether they are hired by temporary employment companies or have permanent discontinuous contracts.
Creation of a negotiating commission:
The representation of the company and the workers must participate equally in this committee. The development regulation specifies in its art. 5 how to create it correctly whatever the business distribution.
What powers does this commission have?
- Negotiation and elaboration of the diagnosis and the measurements.
- Preparation of the results report of the diagnosis.
- Identification of the priority measures, the necessary material and human resources for its implementation, as well as the responsible persons or bodies, including a schedule of actions.
- Impulse of the implementation of the plan equality in the company.
- Definition of the measurement indicators and information collection instruments necessary to monitor and evaluate the degree of compliance with the equality plan measures implemented.
- Any other functions that may be attributed to it by the regulations and the applicable collective agreement, or are agreed upon by the commission itself.
In addition, it will be the one that promotes the first information and awareness actions for the workforce. The plan negotiating commission may be provided with internal operating regulations.
Content of the equality plans:
In a first phase, the commission will try identify the main inequalities suffered by the company, determine their magnitude, and include measures to correct them. It's about a analysis or company diagnosis. It is done at least, on the following subjects:
- Selection and hiring process.
- Professional classification.
- Training.
- Professional promotion.
- Working conditions, including the salary audit between women and men in accordance with the provisions of Royal Decree 902/2020, of October 13, on equal pay between women and men.
- Co-responsible exercise of the rights of personal, family and work life.
- Female underrepresentation.
- Remunerations.
- Prevention of sexual and gender-based harassment.
What should be the minimum content?
-Determination of the parties that agree on them.
– Personal, territorial and temporal scope.
– Report on the diagnosis of the company's situation.
- Report on remuneration audit, as well as its validity and frequency (We talked about this topic in the previous post.).
- Definition of qualitative and quantitative objectives of the plan.
- Description of specific measures, their execution period and prioritization, as well as the design of indicators that allow the evolution of each measure to be determined.
- Identification of means and resources, material and human, necessary for the implementation, monitoring and evaluation of each of the measures and objectives.
- Calendar of actions for the implementation, monitoring and evaluation of the measures of the equality plan.
- System of monitoring, evaluation and review periodically.
- Composition and operation of the commission or joint body in charge of monitoring, evaluating and periodically reviewing equality plans.
- Modification procedure, including the procedure for resolve possible discrepancies that may arise in the application, monitoring, evaluation or review, as long as legal or conventional regulations do not require their adaptation.
Plan Validity
The validity of the Equality Plan It must be determined by the negotiating parties, although it may not exceed four years. On the other hand, it is important to take into account art. 9.2 of the Regulation, which determines the obligation to review when certain circumstances occur.
