Mandatory Equality Plan: Diagnosis, Negotiation, and REGCON Registration

An equality plan (plan de igualdad) is mandatory for all companies with 50 or more employees in Spain since the entry into force of RDL 6/2019 and its implementing regulation, Real Decreto 901/2020, of 13 October, which governs equality plans and their registration. The plan must be negotiated with the employees' legal representatives, cover the eight diagnostic and measures subject areas set out in the regulation, and be registered in the REGCON (Registro y Depósito de Convenios Colectivos, Acuerdos Colectivos de Trabajo y Planes de Igualdad — Register and Depository of Collective Agreements, Collective Work Agreements, and Equality Plans). A plan that has been drafted but not registered has no legal effect and does not exempt the company from the sanction for non-compliance. The infringement for absence of an equality plan or failure to register is classified as very serious under the LISOS, with fines of up to €225,018.

Regulatory framework: the chain of equality obligations

The obligation to draw up equality plans in Spain originates in Organic Law 3/2007 (Ley Orgánica 3/2007, de 22 de marzo, para la Igualdad Efectiva de Mujeres y Hombres — LOI), which established the obligation for companies with more than 250 employees. The reform introduced by Royal Decree-Law 6/2019 progressively reduced that threshold to reach 50 employees from 7 March 2022.

The complete regulatory framework in force:

• LO 3/2007 (LOI): Legal basis, principle of equal treatment and opportunities
• RDL 6/2019: Extension of the obligation to companies with more than 50 employees
• RD 901/2020: Regulation on equality plans and their registration (structure, content, negotiation, registration)
• RD 902/2020: Pay equality between women and men (pay register and pay audit)
• Law 4/2023 and RD 1026/2024: LGBTQ+ measures complementing the equality plans
• LISOS (Arts. 46 and 46 ter): Classification and quantification of sanctions

The eight mandatory subject areas: what the plan must contain

RD 901/2020 establishes that the preliminary diagnosis and the plan itself must address, as a minimum, the following eight subject areas:

1. Selection and recruitment process

Analysis of the composition of the workforce by sex, professional category, and contract type. Identification of occupational segregation and biases in selection processes. Measures to ensure equal access: inclusive language in job advertisements, interviewer training, objective selection criteria.

2. Professional classification

Review of the classification system to detect whether job evaluation incorporates gender bias (overvaluing male-dominated work relative to female-dominated work). The applicable collective agreement and the category structure are key elements of the diagnosis.

3. Training

Analysis of access to training by sex: hours, type of training, and participation rate. Measures to guarantee equal access, including training during working hours and adaptation to situations of reduced working time.

4. Professional promotion

Study of representation by sex at each hierarchical level and of promotion rates. Identification of barriers that hamper the advancement of women (biases in performance evaluation, maternity leave effect, etc.). Positive action measures where under-representation exists.

5. Working conditions, including the pay audit

Analysis of working conditions (hours, shifts, working arrangements, flexibility) and of the pay structure. The pay audit (mandatory under RD 902/2020) analyses whether gender pay differences exist for jobs of equal value and whether those differences have objective justification.

6. Co-responsible exercise of work-life balance rights

Analysis of who makes use of work-life balance rights (reduced working time, unpaid leave, parental leave), identifying whether the company has a culture that promotes co-responsibility or that implicitly penalises use of these measures. Measures to encourage men to exercise these rights as well.

7. Under-representation of women

Identification of areas, categories, or hierarchical levels where women are under-represented (below 40% of the total). Specific positive action measures to correct the identified imbalances, within the limits set by CJEU case law.

8. Remuneration

Beyond the pay audit, analysis of supplementary pay, variable remuneration, and non-salary benefits to detect unjustified differences in the treatment of men and women in access to these components.

The preliminary diagnosis: the basis of the entire process

The situational diagnosis is the mandatory starting point and must be prepared jointly by the company and the employees’ legal representatives, in accordance with Art. 46.2 of the ET and Art. 7 of RD 901/2020. It cannot be a formality: it is the genuine analysis of the company that will underpin the measures in the plan.

A well-prepared diagnosis:

• Breaks down all data by sex and professional category or level
• Includes a statistical analysis of the pay gap (mean, median, and percentiles)
• Identifies the causes of the gaps detected (differences in seniority, working time type, category, supplements)
• Distinguishes between objectively justified differences and differences that constitute indirect pay discrimination

The pay audit (RD 902/2020): mandatory and connected

RD 902/2020 makes the pay audit a mandatory component of the equality plan for all companies required to have one. The audit must:

1. Obtain information on job evaluation, pay progression, and the application of supplements
2. Analyse whether the pay system is transparent, applicable to all employees, and free of gender bias
3. Quantify the pay gap by professional category, level, and job
4. Identify whether differences have objective justification unrelated to sex
5. Where no justification exists, propose corrective measures with an action plan

The pay audit cannot be fully outsourced without involving the negotiating committee: pay data must be made available to employee representatives, subject to appropriate confidentiality guarantees.

Consequences of non-compliance: beyond the fine

The sanctions for non-compliance with equality plan obligations go beyond the administrative fine of up to €225,018:

Integration with RD 1026/2024 (LGBTQ+ measures)

Royal Decree 1026/2024, of 8 October, implements the obligation on companies with more than 50 employees to draft and apply measures for LGBTQ+ equality, established in Law 4/2023. These measures must:

• Be negotiated with employees’ legal representatives
• Include a protocol for action against harassment or violence against LGBTQ+ persons
• Incorporate measures on selection, training, remuneration, and communications
• Be tailored to the reality and size of the company

Although independent of the equality plan, co-ordinating both processes — negotiation with the same committee, joint diagnosis, complementary registration — is the most efficient and coherent approach.

Results you can expect

• Negotiating committee constituted in accordance with RD 901/2020 within the legal timeframe
• Full situational diagnosis with statistical pay gap analysis by category
• Pay audit in accordance with RD 902/2020 identifying unjustified differences
• Equality plan negotiated with concrete measures, indicators, and timetable
• REGCON registration with full legal effect
• Documentation prepared to withstand a Labour Inspectorate visit without sanction
• Annual monitoring with an indicator-compliance report

A well-prepared equality plan is not a bureaucratic exercise — it is a management tool that improves the organisation, reduces absenteeism, facilitates talent attraction, and protects the company against discrimination claims. We co-ordinate the equality plan with the pay register and labour compliance so that the full set of equality obligations is coherent and efficient.

Sources and Regulatory Framework

• BOE — Organic Law 3/2007 on Effective Equality
• BOE — RDL 6/2019 on urgent equality measures
• BOE — RD 901/2020 on equality plans
• BOE — RD 902/2020 on pay equality
• BOE — Law 4/2023 for LGBTQ+ equality
• BOE — RD 1026/2024 on LGBTQ+ employment measures
• REGCON — Equality Plans Register

This service is part of our employment and labour compliance practice.