On daily basis the variety of calls for and obligations of a labor nature for corporations will increase.
Among the many newest and, particularly, since April 14, 2021, it’s necessary that every one corporations, no matter their dimension, have a wage file disaggregated by intercourse. That is how it’s established by Royal Decree 902/2020, of October 13, on equal pay between men and women.
The truth is that the measure was already contemplated in 2019 (particularly in Regulation 6/2019). Nonetheless, as with the equality plans, they had been pending regulatory improvement. That was the explanation why, certainly, the Employees’ Statute contemplated it in Article 28, however it has not been till the current second when it has turn out to be required.
The wage register is simply one other instrument that’s accepted for the aim of assure equality inside corporations, on this case when it comes to wage and remuneration. On this means, it’s supposed that throughout the organizations there may be better transparency when it comes to remuneration and work is finished on lowering the wage hole nonetheless current in some sectors as we speak.
The data that the wage register should have will likely be: (i) the wage of all firm employees (understood as all of them additionally executives and senior positions), inside which each base wage and extras and extra-salary perceptions will likely be considered; (ii) breakdown of wages by intercourse; (iii) should be based mostly on the arithmetic imply and median inside every of the skilled teams, classes, ranges, positions or every other current classification system throughout the firm.
If throughout the identical group, after the wage evaluation, a wage variation between sexes of 25% is noticed, the regulation requires that the corporate justify the explanations for this deviation and attempt to set up an motion plan to right these inequalities. The important thing to this facet will likely be each in find out how to group the employees and the unit of comparability that will likely be taken as a reference on the time of registration.
As within the case of the negotiation and implementation of equality plans, or telework insurance policies, once more the authorized illustration of the employees has an especially vital function. A lot in order that they need to be consulted each on the time of registration and when adjustments are made to it. They may have entry to the complete content material of the wage file always.
It is very important make clear that this won’t be a public file, however it may be consulted. As a communication channel for these employees who request the data, the authorized illustration of the employees will act. They would be the ones who channel the requested info. Solely in these circumstances by which the corporate doesn’t have authorized illustration of the employees, will the workers instantly request the data from the corporate.
As anticipated, each because of the haste in implementing the measure and the final obligation, the overwhelming majority of corporations presently would not have it. On this regard, it ought to be famous that not having a wage file or that the data contained in it’s inaccurate could also be topic to infractions and sanctions that based on the Regulation of Infractions and Sanctions of the Social Order might oscillate between 626 and 6,250 Euros. If it is usually confirmed that there was wage discrimination and the boys / ladies pay distinction exceeds 25%, the nice might attain 187,500 Euros.
The wage register is just not the one measure to implement; and is that, as well as, these corporations with employees of 50 or extra employees may even be required to hold out a “wage audit”.
From the UGT union it has been affirmed that “the implementation of the wage register in corporations will imply ending the wage hole, a historic, financial, social and ethical debt with the employees of this nation.” For its half, CC.OO., alongside the identical strains, states that the measure “is the authorized impulse to attain retributive justice.”
Certainly, the measure will enable each corporations and employees to have a better consciousness of pay variations that, even as we speak, live on in some sectors of the Spanish labor market. In the identical means, the duty to alleviate the potential wage variations which will exist will make it potential for a similar jobs, developed by the identical skilled profiles and that suggest the identical effort, to be paid in the identical means.
Lastly, and to make the implementation of the measure much less burdensome, particularly for medium and small companies, the Ministry of Labor along with the Ministry of Equality, employers and unions have created a Consumer Information and a Software (similar to a kind) that may be very helpful to corporations. Each could be accessed clicking here.