The salary register: everything you need to know

Equal pay is a fundamental pillar in the workplace, and ensuring pay transparency is a legal obligation for all companies. To this end, the pay register has become a key tool to identify potential wage gaps and guarantee fairness in remuneration. Failure to comply with regulations may result in financial penalties and damage to the company’s reputation.

In this article, we explain what the pay register is, what information it must include, who can access it, and the consequences of failing to implement it correctly. In addition, at Adlanter, as experts in labor advisory services, we can help you meet this obligation effectively and without complications.

 

 

What is the pay register?

The pay register is a document that reflects the company’s actual payroll structure. Article 28.2 of the Workers’ Statute establishes that employers are required to keep a register containing the average values of salaries, salary supplements, and non-wage benefits paid to their workforce. This information must be classified by gender, professional groups, categories, or jobs of equal value.

It collects information on salaries, salary supplements, and non-wage benefits for the entire workforce, broken down by gender. It allows us to assess whether the principle of pay transparency and equality is being applied. Royal Decree 902/2020 establishes the mandatory nature of the pay register as of April 14, 2021.

The principle of pay transparency and equal-value work

The aim of the principle of pay transparency is to detect discrimination, whether direct or indirect. This occurs when, for work of equal value, a lower salary is received without an objective and legitimate justification, and without appropriate and necessary means to achieve that purpose.

Not every salary difference implies discrimination. Pay discrimination occurs when the wage gap between men and women cannot be justified by differences in the value of their work.

 

What is the purpose of the pay register?

The pay register serves several purposes:

• To act as a reference tool for analyzing the causes of salary differences and assessing whether gender is one of the determining factors.
• To increase pay transparency in order to highlight potential discrimination. In this regard, employees have the right to access their company’s pay register through their legal representatives.
• To request justification of salary differences. In companies with more than 50 employees where the wage gap exceeds 25%, the employer must explain the reasons behind this disparity.
• To form part of the information that the company must provide to the works council at least once a year. This includes the proportion of women and men at different professional levels, as well as the measures implemented to promote equality.
• To facilitate pay audits required for companies obliged to implement an equality plan.

You may still have some questions. Let’s take a closer look at some key points.

 

Frequently asked questions

Should individual employee salaries be included?

No. The Supreme Court has established that companies must keep a salary register with average salary values broken down by gender; however, individual remuneration must not be included.

What data must be included in the pay register?

• Total annual salary and its gender gap.
• Annual base salary and its gender gap.
• Annual salary supplements and their gender gap.
• Non-wage benefits and their gender gap.
• Annual payments for overtime and complementary hours and their gender gap.

The register must cover one calendar year, unless there are substantial changes in any pay component. In addition, the company must consult employee representatives at least 10 days before preparing or modifying the register.

Who must be included in the pay register?

The pay register must include all employees under the General Social Security Regime. According to the Ministry of Equality, this includes all employed workers, regardless of contract type, provided their contract was in force at some point during the reference period and they received remuneration during that time.

Who can access the pay register?

Employees can consult it through their legal representatives. If there is no representation, information will be provided on salary differences between men and women, broken down by type of remuneration and classification. Employees may access average figures, but not individual data of their colleagues.

Is the pay register mandatory if I only have one employee?

Yes. All companies, regardless of size, must keep a pay register, even if they have only one employee. The regulations do not provide for any exceptions.

 

Penalties for non-compliance with the pay register

Irregularities may result in penalties ranging from €70 to €225,018. These fines vary depending on the size of the company and the existence of pay inequalities:

• Minor infringements: fines from €70 to €750.
• Serious infringements: from €751 to €7,500.
• Very serious infringements: from €7,501 to €225,018.

Penalties increase if pay inequalities are detected between employees in equivalent positions.

 

✅ How can we help you?

The Ministry of Equality provides a tool and a guide to create the pay register, but its use can be complex. To avoid setbacks and ensure an accurate and compliant register, it is advisable to rely on expert support. At Adlanter, our professionals manage the entire process, making it easier to prepare the pay register and resolving any questions you may have. 📲 Contact our expert labor advisory team.