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After much anticipation, the Organic Law on Effective Equality between Women and Men was finally published on 23 March, having been approved in a plenary session with no votes against.
The entire rationale behind this legislation rests on the commitment to give real effect to the principle of equal treatment and to eliminate discrimination against women in all its forms and across every sphere of life, whether public or private.
With the aim of covering every area of life, social, legal and political, the Law sets out a comprehensive package of cross-cutting measures, addressing the following areas:
- the actions of public authorities.
- Education and health policy.
- The actions of public and private media outlets.
- Access to new technologies and the information society.
- Rural development and housing policy.
- Cultural policy, artistic creation, sport and development cooperation.
- Public procurement and the award of public grants.
- Labour, employment and Social Security policy.
- The civil service and security forces.
- Access to goods and services.
- The Central State Administration.
WORKPLACE EQUALITY
The labour and Social Security measures, which result from a basic agreement reached with the trade unions CCOO and UGT, have the specific aim of achieving equality in an area where gender-based inequalities have historically been most visible.
The main provisions adopted in the employment field relate to the possibility of introducing positive action measures to improve women's access to employment and eliminating discriminatory situations in the workplace through collective bargaining. Measures are also established to improve women's training and employability, as well as their continued participation in the labour market, as priority objectives of employment policy.
Another central pillar of this Law is the recognition of the right to work-life balance, promoting the shared responsibility of family obligations between men and women. In this regard, the Law provides for:
- The right to adjust working hours for both male and female employees, and the right to accumulate breastfeeding leave as full working days.
- The right to reduce working hours by between one-eighth and one-half for the care of children under 8 years of age or of persons with disabilities.
- The right to take annual leave outside periods of temporary disability (IT) due to pregnancy, childbirth or breastfeeding, and outside maternity leave, as well as the right to suspend the employment contract due to risk during the natural breastfeeding of a child under 9 months of age.
- The possibility of taking unpaid leave on a split basis, up to two years, for the care of family members who, due to age, accident, illness or disability, are unable to care for themselves.
- Recognition of the father's right to take maternity leave in the event of the mother's death, even where the mother was not in employment.
- No reduction of maternity leave in the event of the child's death.
- An extension of two weeks to maternity leave in the event of the birth, adoption or foster placement of a child with a disability. This right may be exercised by either the mother or the father.
- An extension of up to 13 weeks of maternity leave in cases of premature birth or where the newborn requires hospitalisation.
- Recognition of an independent paternity leave of 13 days upon birth, adoption or foster placement (in addition to the existing 2-day leave or any improvement thereto established by collective bargaining agreement). This entitlement is extended by 2 days in cases of multiple birth, adoption or foster placement. It may be taken by the father on a full-time or part-time basis, by prior agreement with the employer, either during the mother's maternity leave period or once it has concluded (six years after the Act enters into force, paternity leave will be extended to 4 weeks).
A duty to negotiate equality plans in collective agreements at company and supra-company level is established, covering the following matters:
- Equality measures within companies aimed at promoting equal treatment between women and men.
- Equality plans in all companies with more than 250 employees, with an equality plan defined as a set of measures covering access to employment, professional classification and promotion, training, remuneration and the organisation of working time, with the aim of eliminating any discrimination on grounds of sex.
The legislation also addresses the recognition of specific measures to prevent sexual harassment in the workplace. These include the establishment of dedicated internal procedures within the company to handle complaints and claims from victims, as well as the requirement to negotiate with employee representatives, who must contribute to preventing sexual harassment by raising awareness among staff and informing company management of any conduct they become aware of that may give rise to harassment.
One of the key innovations introduced by the legislation is the creation of a quality mark to be awarded to companies that stand out for the implementation of equality policies. The mark will be granted by the Ministry of Labour and Social Affairs and may be used in the company's commercial activities and for advertising purposes.
In order to obtain this quality mark, any company may submit to the Ministry of Labour and Social Affairs a report on the equality indicators within the company's employment relations.
With regard to access to public sector employment, the equality framework is also introduced in this area, with certain specific features:
- A balanced representation of men and women on governing bodies whose appointments are made by the Council of Ministers.
- A drive towards that balance in selection panels and committees for access to public sector employment and for the appointment of representatives to collegiate bodies, expert committees and advisory committees.
- The preparation and submission to the Ministry of Labour and Social Affairs of information on the application of equality principles across all ministerial departments, and the Government's approval of an Equality Plan at the start of each parliamentary term.
These are some of the most significant aspects introduced by this legislation. Our firm is available to answer any questions you may have on these matters.
We specialise in helping you implement your Equality Plan . Contact us or submit your query here about how to develop an equality plan for your company... 
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