As we have recently talked about in this blog, this year 2022 marks a new milestone for companies with more than 50 workers, since as of March 7, 2022, they must have approved the company equality plans that have between 50 and 100 workers.
Delving into the causes that could have led to the low implementation rate obtained so far and cited in previous article, we can develop the following difficulty:
Negotiating commission
In accordance with the provisions of the article 5 of Royal Decree 901/2020, October 13, which regulates equality plans, both the content of the plans and their prior diagnosis must be object of negotiation with the legal representation of the workers in accordance with the provisions of its different sections. Furthermore, article 8.2 of the standard establishes that it constitutes minimum content of the plans, the indication of “the parties that negotiate them”.
Therefore, There are no exceptions to the obligation to develop and implement an equality plan, and, on the other hand, in no case can compliance with the negotiation requirements provided for in article 5 be replaced with the constitution of an ad hoc commission.
Although there are many companies in which there is no RLT (Legal Representation of Workers), and this has led to confusion and the need to launch new work teams within the framework of regulations in which many companies do not They still have the necessary knowledge. So, in a company obliged to develop an equality plan in which there is no legal representation of workers in any workplace, how will the social part of the organization be composed? negotiating commission?
It will be subject to the following rules (article 5.3, paragraph 1, of Royal Decree 901/2020):
- It will be made up of a maximum of six members.
- It will be made up of the most representative unions and the representative unions of the sector to which the company belongs and with legitimacy to be part of the negotiating commission of the applicable collective agreement.
- Union representation will be formed in proportion to the representativeness of the legitimized unions in the sector and guaranteeing the participation of all legitimized unions.
- However, this union committee will be validly made up of the organization or organizations that respond to the company's call within ten days.
Therefore, the distribution of representatives in the union commission of a maximum of 6 members will be carried out in proportion to the representativeness of the legitimate unions in the sector, provided that the participation of all of them is guaranteed.
According to International Labor Organization (ILO), Gender parity is a “necessary condition for the proper functioning of the economy and society as a whole.” The measure aims to ensure that women and men have the same opportunities in the labor market, regardless of their sex.
The effective implementation of equality measures is becoming increasingly present in the workplace, and this is made clear by the Minister of Equality, Irene Montero, who has announced on the occasion of International Women's Day a new “Strategic Plan for Effective Equality between Women and Men 2022-2025” with a record budget allocation that exceeds 500 million euros. 225 in politics promotion of equal opportunities and an increase in the investment of 55.7% to fight against the scourge of sexist violence through the Recovery, Transformation and Resilience Plan.
PEIEMH
He PEIEMH (2022-2025) is a Master Plan for the General Administration of the State that will be reference framework to achieve the necessary social changes in matters of Equality and based on principles such as:
- The gender approach and intersectional approach, since women's lives are not explained based on gender alone but also on class, origin, ethnicity and interrelationship and how these factors influence their lives.
- The sustainability of life from a feminist perspective that enables decent living conditions and does not reproduce social and gender inequalities.
- The Participation of institutions as levers of transformation at the service of a more egalitarian government model.
- The Sustainability of Equality policies.
- Transparency in relation to advances in Equality and the public resources used to achieve them.
Must continue working to achieve effective equality between women and men in society and in companies, and all the efforts aimed at achieving this objective are few. The PEIEMH (Strategic Plan for Effective Equality of Women and Men) 2022-2025 not only includes the essential lines of the agenda of the General Administration of the state in Equality policies, but also seeks to establish transversality on solid foundations to build a new social model that responds to current and future challenges.
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