How Is an Equality Commission Set Up Without Employee Representation?

Who makes up the Equality Committee in workplaces with and without employee representatives, and which trade unions must be invited to participate.

EQUALITY COMMITTEE IN WORKPLACES WITHOUT EMPLOYEE REPRESENTATIVES

The negotiating committee for the Equality Plan shall be constituted in accordance with  Article 5 of Royal Decree 901/2020. Accordingly, in accordance with this regulation and in line with established case law, the equality plan must be negotiated and agreed with the employee representatives (RRTT) and not with an ad hoc committee set up under Article 41 of the Workers' Statute.

Written by Albert Perez 

Employment law adviser

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In companies where no employee representatives exist, a negotiating committee shall be formed comprising a representation of the workforce, made up of:

• the  most representative trade unions and
• the  representative trade unions of the sector to which the company belongs and which are entitled to participate in the negotiating committee of the applicable collective bargaining agreement.

It shall be constituted in proportion to sectoral representativeness, ensuring the participation of all trade unions with standing to participate.

However, this trade union committee shall be validly constituted by whichever organisation or organisations respond to the company's call within ten days.

EQUALITY COMMITTEE IN WORKPLACES WITH AND WITHOUT EMPLOYEE REPRESENTATION

Where some workplaces have employee representatives and others do not, the employee side of the negotiating committee shall be made up of:

• on one hand, the  employee representatives from those workplaces that have such representation; and
• on the other hand, the  trade union committee constituted in accordance with the preceding section, that is, a body representing the workforce, comprising the most representative trade unions and the trade unions representative of the sector to which the company belongs, and which have standing to form part of the negotiating committee for the applicable collective bargaining agreement.

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