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Preparing Data for Gender Pay Gap Reporting in Spain​

This document provides guidance on preparing and reporting data in compliance with Spain's gender pay gap reporting requirements, based on the guidelines provided by the Spanish Ministry of Equality.

For comprehensive guidance, refer to the official resource: Technical Guide for the Implementation of Remuneration Audits

Who Needs to Report​

Under Spanish legislation, the obligation to conduct remuneration audits applies to:

  • Companies required to implement an Equality Plan: This includes organizations with 50 or more employees, as mandated by Royal Decree 901/2020.

  • Organizations with Collective Bargaining Agreements: Companies adhering to collective bargaining agreements that stipulate the development of an Equality Plan are also required to conduct remuneration audits. igualdadenlaempresa.es

These audits are integral to the Equality Plan and aim to identify and address gender pay disparities within the organization.

When to Report​

Remuneration audits are part of the Equality Plan, which typically spans a period of four years. The specific timeline for conducting and reporting the audit should align with the schedule established in the Equality Plan. It is essential to adhere to the deadlines set forth in the plan to ensure compliance.

What to Report​

The remuneration audit should encompass the following components:

  1. Diagnosis of the Remuneration Situation:

    • Job Evaluation with a Gender Perspective: Assess all job positions to ensure classifications are free from gender bias.
    • Remuneration Analysis: Examine salary structures and actual pay to detect any gender-based pay gaps.
    • Identification of Pay Differentials: Highlight any unjustified pay differences between female and male employees performing work of equal value.

  2. Action Plan to Correct Pay Inequalities:

    • Objectives: Set clear goals to eliminate identified pay disparities.
    • Measures: Outline specific actions to achieve these objectives, such as revising pay policies or implementing transparent salary frameworks.
    • Timeline: Establish a schedule for implementing measures and achieving objectives.
    • Responsible Parties: Assign accountability to individuals or teams for executing the action plan.
    • Monitoring and Evaluation: Define methods to assess progress and effectiveness of the implemented measures.

This comprehensive approach ensures that remuneration practices are equitable and any gender-based pay gaps are systematically addressed.

How to Report​

Employers should follow these steps to conduct and report the remuneration audit:

  1. Preparation:

    • Assemble a Negotiation Committee: Form a committee with equal representation from employer and employee representatives to oversee the audit process.
    • Collect Data: Gather detailed information on job classifications, salary structures, and individual employee remuneration.

  2. Conduct the Audit:

    • Perform Job Evaluations: Assess all roles to ensure classifications are based on objective criteria and free from gender bias.
    • Analyze Remuneration Data: Compare salaries and benefits across genders for employees performing work of equal value.

  3. Develop the Action Plan:

    • Set Objectives: Define clear goals to address any identified pay disparities.
    • Outline Measures: Detail specific actions to achieve these objectives.
    • Establish a Timeline: Create a schedule for implementing measures.
    • Assign Responsibilities: Designate individuals or teams responsible for each action.
    • Plan for Monitoring: Determine methods for tracking progress and evaluating effectiveness.

  4. Documentation and Submission:

    • Compile the Audit Report: Document the findings, action plan, and methodologies used.
    • Submit to Authorities: Provide the report to the relevant labor authorities as part of the organization's Equality Plan documentation.
    • Communicate with Employees: Share the results and planned measures with the workforce to promote transparency and engagement.

Adhering to this process ensures compliance with Spanish regulations and demonstrates a commitment to gender pay equity.

Penalties for Non-Compliance​

Failure to conduct remuneration audits and implement an Equality Plan, when required, can result in:

  • Administrative Sanctions: Fines and penalties imposed by labor authorities for non-compliance with gender equality obligations.

  • Legal Consequences: Potential legal actions from employees or unions addressing discriminatory pay practices.

  • Reputational Damage: Negative public perception and potential loss of business opportunities due to non-compliance with equality standards.

It is crucial for organizations to comply with these requirements to foster an equitable workplace and avoid such repercussions.

For detailed information and updates, refer to the Spanish Ministry of Equality's official guidance: Technical Guide for the Implementation of Remuneration Audits

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