Since 7 March 2022, companies with more than 50 employees on their payroll have been required to implement an equality plan and a set of supporting tools aimed at achieving genuine equality between women and men in the workplace.

Written by Cyrielle Agut

Employment and Tax Lawyer

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In this context, at Conesa Legal we are already seeing the Labour Inspectorate — which has begun its initial investigations into whether companies have these plans in place — specifically requesting the following documentation:

• Pay equity audit. 
• Harassment protocol. 
• Job evaluation.

WHAT IS JOB EVALUATION?

Job evaluation is a highly practical tool for identifying and preventing pay discrimination, through the accurate definition of all roles within the company and the tasks assigned to each role.

Its purpose is to ensure compliance with Article 28.1 of the Workers' Statute:

"Work shall be considered of equal value when the nature of the functions or tasks actually assigned, the educational, professional or training qualifications required to perform them, the factors strictly related to their performance, and the working conditions under which those activities are actually carried out are equivalent.".

 HOW IS THIS JOB EVALUATION CARRIED OUT?

Link to online job evaluation tool

The process involves determining the value of a position within the organisation, taking into account the specific functions of the role and their significance, independently of the gender of the individuals who hold that position.

TRY OUR ONLINE JOB EVALUATION TOOL HERE:

Link

Pay Equality Plan: discover our online job evaluation tool

This assessment is carried out on the basis of a number of criteria:

•  Suitability: does the employee have the necessary qualifications to fill this role?
• Completeness: does the employee meet all the requirements that define this role?
• Objectivity: has the remuneration for this role been set on the basis of unbiased factors — free from social value judgements, generalised assumptions about attributes or characteristics that men and women are expected to possess, and preconceived opinions?

DOWNLOAD THE OFFICIAL TOOLS FOR CONDUCTING JOB EVALUATION HERE:

• User Guide 
• Tool 
• Job Evaluation Tool. User Guide 

Get in touch if you have any questions

WHAT FACTORS MUST BE CONSIDERED FOR AN OBJECTIVE ASSESSMENT?

When determining whether a job position is of equal value, the starting point is no longer the professional group or category.

The following factors must be taken into account:

• The nature of the tasks: Where the nature of the duties or tasks is the same or similar.
• Professional or training requirements: Pay differences cannot be justified where the training requirements are identical and where the working conditions — in terms of qualifications, responsibility, skills, specific or general requirements, aptitude, attitude and capability — are equivalent, even if the roles or functions differ.
• The conditions for performing the role: These are the elements and factors involved in carrying out the tasks of a position — from the most straightforward to the most complex — which, taken together, constitute the level of performance required for the productivity of the role and, by extension, the achievement of a common objective.
• Working conditions: Where employees share the same working conditions — for example, working the same shift on the same machine — they must receive the same remuneration. 

HOW SHOULD A JOB EVALUATION REPORT BE DRAFTED?

 Below are a series of questions that can guide you in drafting your report:

1. Is the role remunerated in accordance with the value it contributes to the company?
2. Is the employee's level of training appropriate for the role?
3.  What level of responsibility does the role carry in relation to other employees?
4. What budget does the role manage, and what is the nature and complexity of the problems it is required to resolve?
5. How many employees fall within the reporting line of this role?
6. How many external contacts must the person in this role maintain, and of what nature?

7. What degree of management autonomy does the role carry?
8. What level of creativity does the role require?
9. What is the role's impact on the company?
10. What are the working hours required for the role?
11. What are the working conditions associated with the role (in terms of its organisation and structure, and their influence on the level of physical and mental risk to which the employee is exposed)?

WHAT IS THE PURPOSE OF A JOB EVALUATION REPORT?

This report does not simply verify that the remuneration for each role is fair by addressing the questions set out above — it also raises awareness among both staff and management within the company.

Making this information transparent brings a twofold benefit:

• For the employee: it generates job satisfaction and a sense of recognition, as they can see that their remuneration reflects their role, competencies and skills — and is not influenced by their gender.
• For the company: it provides assurance and confirmation that the remuneration for the role has been agreed on an objective basis.

WHAT ARE THE POTENTIAL CONSEQUENCES OF AN UNEQUAL JOB EVALUATION?

First, it is important to note that companies that fail to comply with their obligation to maintain a proper salary register will be committing a serious infringement under the Act on Offences and Sanctions in the Social Order (LISOS). Infringements relating to employment relations and employment will be subject to the following fines:

• At the minimum level: from €751 to €1,500
• At the intermediate level: from €1,501 to €3,750.
• At the maximum level: from €3,751 to €7,500. 

Furthermore, should an inspection conclude that not only does the company lack the required register, but has also engaged in pay discrimination (different remuneration based on job role and/or sex), the infringement could be classified as very serious, carrying the following fines:

• At the minimum level: from €7,501 to €30,000.
• At the intermediate level: from €30,001 to €120,005.
• At the maximum level: from €120,006 to €225,018.  

You can request assistance to carry out a qualitative analysis or assessment and implement your Equality Plan.

For any enquiries, we are entirely at your disposal: