Almost three years ago, Royal Decree-Law 6/2019, of 1st March established a phasing-in timetable extending the obligation to prepare and implement an Equality Plan for companies:
- Companies with between 150 and 250 workers: one-year period for the approval of the equality plan (until 7th March 2020)
- Companies with between 100 and 150 workers: two-year term period for the approval of the equality plan (until 7th March 2020)
- Companies with between 50 and 100 workers: three-year period for the approval of the equality plan (until last 7th March 2022).
When calculating the number of workers, companies must consider:
- The period between June 30th and December 31st
- The company and not just the workplace as a unit of reference.
The calculation will comprise all the workers in the company, whatever their form of contract, i.e. workers with discontinuous fixed contracts, temporary contracts, and service provision contracts.
People with a part-time contract will count as one more person, regardless of the number of hours worked.
Workers with a fixed-term contract, whatever its modality, whose contract had expired during the six months before the calculation, will also count. Every 100 days or fraction worked will count as one more worker.
The deadline to register the Equality Plan expired on 7th March 2022. Since that date, every company in Spain with over 50 workers must have said Plan in place, or, at the very least, be negotiating one to avoid the corresponding administrative sanctions.
The Labour Inspection will prioritize compliance with Royal Decree-Law 6/2019 in the company and anticipates the following fines.
Fines for non-compliance with Royal Decree-Law 6/2019
Serious infractions
failure to comply with the obligations regarding equality plans and measures established by the Organic Law 3/2007, the Workers’ Statute, or the applicable collective agreement.
- Fine in its minimum degree of 751 to 1,500 euros
- Fine in its medium degree of 1,501 to 3,750 euros
- Fine in its maximum degree of 3,751 to 7,500 euros
Severe infractions
Neither preparing nor applying the equality plan or doing so in manifest breach of the terms provided when the obligation to carry out said plan responds to the provisions outlined in art. 46bis section 2 of the Law of Infractions and Sanctions in the Social Order).
- Fine in its minimum degree, of 7,501 to 30,000 euros
- Fine in its medium degree of 30,001 to 120,005 euros
- Fine in its maximum degree of 120,006 euros to 225,018 euros
Carlos Rivero
Has your company already registered its Equality Plan?
