Mandatory Equality Plan: How to Comply with Spanish Labour Law

Under the current labour law framework in Spain, there is no room for improvisation. The Equality Plan has shifted from being optional to a legal obligation that demands preparation, strategic planning, and strict compliance. If your company has yet to implement one—or lacks a full understanding of its requirements—this article offers a clear, complete, and actionable guide on how to comply with the law… and avoid severe penalties.

Primarily regulated by Organic Law 3/2007 and its subsequent regulatory development, the Equality Plan is a strategic and regulatory document aimed at ensuring equal treatment and opportunities between women and men within an organisation.

Which Companies Are Legally Required to Have an Equality Plan?

According toLaw 3/2007 on effective equality between women and men, the following entities are required to implement an Equality Plan:

• Companies with 50 or more employees

• Companies where the obligation is established by the applicable collective bargaining agreement

• Companies ordered to do so by the Labour Authority as a result of sanctioning proceedings

For companies not meeting these conditions, the implementation of an Equality Plan remains voluntary.

What Must an Equality Plan Include?

All Equality Plans must contain:

• A prior negotiated diagnosis of the equality situation within the company

• Concrete equality objectives

• Strategies and practices to achieve those objectives

• Monitoring and evaluation mechanisms

Anti-Harassment Protocol: A Mandatory Prerequisite

Before initiating the Equality Plan, it is compulsory for the company to have implemented a protocol for the prevention and handling of workplace harassment. This protocol must demonstrate the company’s real commitment to maintaining safe work environments and preventing sexual harassment and gender-based harassment.

Pay Register: Mandatory for All Companies

The pay register (registro retributivo) is obligatory for all employers, regardless of workforce size. It must contain the average values of:

• Salaries

• Salary supplements

• Non-wage compensation

The data must be disaggregated by gender and classified by:

• Professional group

• Professional category

• Level

• Position

• Or any other applicable classification system

The register must include both the mean and median remuneration figures.

Job Evaluation: The Cornerstone of the Equality Plan

A company cannot demonstrate fair pay without first conducting an objective job evaluation. This evaluation must be based on:

• Relevance: Only factors directly related to the job are assessed

• Comprehensiveness: All conditions of the job are considered, without omissions or biases

• Objectivity: Gender stereotypes or discriminatory criteria must be excluded

This analysis is crucial to justify pay differences or to detect hidden inequalities.

What Are the Consequences of Not Implementing an Equality Plan?

The consequences are serious and far-reaching:

• Prohibition from contracting with public administrations

• Ineligibility for hiring incentives or bonuses (effective from 01/09/2023)

• Fines for serious or very serious infringements under the Law on Social Order Offences and Sanctions (LISOS)

Non-compliance may also lead to reputational damage, internal conflict, and legal proceedings if a complaint is filed.

Judicial Rulings Reinforce the Legal Obligation

A recent ruling by the Spanish National Court has set a clear precedent. A company was ordered to:

• Pay €73,000 in damages to a union

• Pay two additional compensatory amounts

• As a result of obstructing the negotiation and implementation of the Equality Plan

The court found that the company had violated the fundamental right to freedom of association, particularly its collective bargaining aspect. Despite multiple requests and warnings from the union—and even after an inspection by the Labour Authority—the company failed to comply.

What Does This Mean for Your Company?

• Ignoring union requests may be considered a violation of fundamental rights

• Failing to justify delays in implementing the plan can lead to substantial economic penalties

• A lack of willingness to negotiate may be sanctioned with heavy fines and reputational harm

This ruling should serve as a warning to all companies that have not yet taken their legal equality obligations seriously. It is not only about avoiding penalties—it’s about respecting fundamental rights protected by the Spanish Constitution and labour regulations.

✅ At Adlanter, we handle every aspect: from diagnosis and drafting to union negotiation, REGCON registration, and continuous compliance monitoring. Let us help your company meet its obligations with confidence and legal certainty. Contact us.