Plan d'égalité

In Spain, Article 46.1 of Organic Law 3/2007 of March 22, on the effective equality of women and men, defines "equality plans" as "a structured set of measures, adopted following a diagnostic assessment of the situation, aimed at achieving equal treatment and opportunities between women and men within each entity and eliminating discrimination based on sex."

In other words, this law requires certain companies to implement measures with the goal of eliminating inequalities and discrimination.

In France, the Law of August 4, 2014 for real equality between men and women also establishes several similar measures, including the obligation for companies with more than 50 employees to file their agreement or action plan relating to professional equality with the regional directorate for companies, competition, consumption, labor and employment (DIRECCTE), under penalty of financial sanctions.

Mandatory Nature

Royal Decree-Law 6/2019 of March 1st reduced the threshold for mandatory implementation of "equality plans" from 250 to 50 employees.

Companies must implement this plan according to the following schedule:

  • From March 7, 2020: companies with more than 150 employees;
  • From March 7, 2021: companies with more than 100 employees;
  • From March 7, 2022: companies with 50 to 100 employees.

Content

"Equality plans" must include the following mandatory elements:

  • Setting specific objectives tailored to the company: promoting balanced representation of women and men in various collegial bodies, encouraging regular evaluation of the effectiveness of the equality principle in their respective areas, etc.;
  • Strategies and practices to be adopted to achieve these objectives;
  • List of concrete measures;
  • Implementation of effective systems for monitoring and evaluating the established objectives;
  • Consideration of all company employees, including those hired through temporary employment agencies during periods of service provision at client companies.

These plans may address topics such as access to employment, job classification, promotion and training, compensation, etc.

Sanctions

In accordance with paragraph 13 of Article 7 of the Spanish Law on Social Offenses and Sanctions, companies are required to comply with deadlines for implementing these equality plans, and violations could result in significant financial penalties for the company, ranging from €626 to €6,250.

In France, in accordance with Articles L.2242-5-1 and R.2242-3 to R.2242-8 of the Labor Code, companies with more than 50 employees are subject to a financial penalty, levied on the employer and set by the Regional Director of Enterprises, Competition, Consumer Affairs, Labor and Employment, which can reach up to 1% of the gross payroll.

This penalty will be compounded by a ban on bidding for public contracts.

Links :