Two-thirds of companies in Spain do not comply with equality regulations. The law requires any business with 50 or more employees to have a registered equity plan, finalized with the workers and officially endorsed by the labor authority. Yet data from the department questioned by El Periódico of the Prensa Ibérica group shows only about a third of these firms meet the requirement. Records indicate that 10,600 documents were processed and accepted by the Ministry of Labor and Social Security services. (Fuente: Ministerio de Trabajo)
The absence of a registered equity scheme is linked by officials to practices that may conceal unequal pay and discriminatory hiring or promotion processes. Since March 7, 2022, firms with 50 or more workers have had to draft an equity plan, agreed with workers and sealed by the competent labor authority, whether it is a national ministry or an autonomous body.
The lack of such a plan can trigger sanctions from the Labor Inspectorate. Penalties range from 751 euros to 7,500 euros, and in some cases can reach up to 225,000 euros if the absence is interpreted as a deliberate act to hide gender-based discrimination. For example, on March 8, 2022, Catalonia’s Ministry of Labor announced a sanction against Mutua Universal totalling 91,000 euros for failing to implement an equality scheme, wage registration, and a wage gap of 22.8% among their workers. (Fuente: Ministerio de Trabajo)
Breakthrough fine for Vueling for demanding high heels, makeup and mascara from flight attendants
Statistics from the department led by Vice President Yolanda Díaz reveal widespread irregularities among Spanish companies and show that commitments to parity obligations by business structures have not improved. The reforms pushed by earlier ministers and the social dialogue process reached their full effect by March 7 of last year. Initially, only companies with 100 or more employees were required to have a registered equity plan, and non-compliance affected two out of three firms. Now, after a year, the ratio remains persistent across the 50-employee threshold. (Fuente: Ministerio de Trabajo)
Attack on the Labor Inspectorate
The Labor Inspectorate historically adopted a permissive stance, allowing companies room to adapt to new rules and often focusing on corrective recommendations rather than immediate penalties. However, the latest data on actions by the so-called labor police show that the alignment has ended. The sanctions issued by inspectors have tripled in the last year. (Fuente: Ministerio de Trabajo)
According to inquiries from El Periódico, 2022 saw 4,788 inspections across Spain on parity-related issues. One in four companies audited failed to comply, resulting in sanctions totaling 2.58 million euros, a sharp rise from 324,771 euros in 2021. (Fuente: Ministerio de Trabajo)
Commercial resistance to the Supreme Court
A major reason for ongoing non-compliance is the corporate reluctance to fully engage with the regulations from the outset. A key requirement is pre-negotiation of the plan with the legal representatives of workers. In a country dominated by small and mid-sized enterprises, many firms lack a union presence or a legally constituted works council. When push comes to negotiation, a commission from the majority unions is tasked with representing workers in the process. Big employers, such as those within CEOE, viewed this as interference in internal corporate life and a pretext for the CCOO and UGT to enter previously unorganized workplaces. This friction contributed to employers opposing the rule during social dialogue. Even after the Supreme Court upheld the measure, tensions persisted, and the employer association later challenged the ruling. (Fuente: Ministerio de Trabajo)