News Royal Decree 902/2020, of October 13, on equal pay between women and men

Have you already been able to read the news of the Royal Decree 902/2020, of October 13, on equal pay between women and men? If you haven't had time, below we detail the main news.

Royal Decree 902/2020, of October 13, on equal pay between women and men, takes as its starting point the principle of remuneration transparency to regulate certain instruments in companies that will be applicable from April 2021, in order to materialize equal pay in companies. It will affect those labor relations regulated in the Workers' Statute.

First of all, it talks about the obligation for companies to have a remuneration record of the entire workforce and the right of workers to access this information through legal representatives. Although this obligation already existed, the Royal Decree defines how it should be done. Furthermore, it clarifies that when there is no such representation in the company, this information will only show the percentage differences that exist in the company's remuneration (averaged for women and men).

On the other hand, all those companies that have the obligation to implement an Equality Plan (those with 50 or more workers), the obligation to prepare remuneration audits in accordance with article 46.2.e) of Organic Law 3/2007. However, what implications do they have? The recent Royal Decree establishes the following:

• Carry out the diagnosis of the remuneration situation in the company, which requires: the evaluation of jobs in relation to the remuneration system and in relation to the promotion system.
• Detail the relevance of factors that trigger the pay difference, as well as inequalities in the design or use of conciliation and co-responsibility measures in the company, or the difficulties that workers may encounter in their professional or economic promotion, or the demands unjustified availability.
• Establishes that it will be mandatory to prepare a action plan to correct these inequalities, with determination of objectives, specific actions, schedule and people responsible for their implementation and monitoring.

The Regulation calls on the negotiating tables for collective agreements to ensure that the factors and conditions in each of the groups and professional levels respect the criteria of adequacy, completeness and objectivity, and the principle of equal remuneration for positions of equal value.

Finally, describe the scope of judicial and administrative protection in this ambit. Remember that in the event of discrimination, appropriate administrative and judicial actions may be resorted to and will entail the subsequent application of any sanctions that may apply.