The equality plan: which companies are required to have it? - gender equality

Gender equality in the workplace is a fundamental pillar of Spanish legislation. To ensure its compliance, Equality Plans have been established, essential tools that seek to eliminate discrimination and promote equal opportunities between men and women in companies. But which companies are actually required to implement one? This guide will provide you with a comprehensive and up-to-date overview for 2025.

What is an Equality Plan and Why is it Important?

An Equality Plan is an organized set of measures, adopted after a situation diagnosis, aimed at achieving equal treatment and equal opportunities between women and men within the company and at eliminating discrimination on grounds of sex. It is not only about complying with a legal obligation, but about creating a fairer, more equitable and productive work environment. The implementation of an Equality Plan contributes to:

• Improving workplace climate and employee satisfaction.
• Attracting and retaining talent.
• Strengthening corporate image and social responsibility.
• Complying with current legislation and avoiding sanctions.

Companies Required to Have an Equality Plan in 2025: Who Are They?

Spanish legislation establishes that the following companies are required to draw up and implement an Equality Plan:

• Companies with 50 or more employees: This is the main criterion. Any company that reaches or exceeds this number is legally required to have an Equality Plan. It is important to bear in mind that all employees are counted, regardless of their contract type (permanent, temporary, part-time, etc.).
• Companies required by collective agreement: Some sectoral or company collective agreements may establish the obligation to draw up an Equality Plan, regardless of the number of employees.
• Companies that have been sanctioned: If a company has been sanctioned for wage discrimination or any other form of discrimination on grounds of sex, the labor authority may require it to draw up and implement an Equality Plan.
• Companies that voluntarily choose to implement it: Although not legally required, many companies opt to implement an Equality Plan voluntarily as a sign of their commitment to gender equality and corporate social responsibility.

Process of Developing and Implementing an Equality Plan: Step by Step

The development and implementation of an Equality Plan requires a structured and participatory process. Here are the key steps:

1. Establishment of the Negotiating Committee: A negotiating committee must be formed made up of representatives of the company and of the employees (normally, trade union representatives). This committee will be responsible for negotiating and drawing up the Equality Plan.
2. Diagnosis of the Situation: A thorough analysis of the company's situation regarding gender equality is carried out. This diagnosis must include the collection of quantitative and qualitative data on access to employment, professional promotion, training, remuneration, work–life balance, prevention of sexual harassment and harassment on grounds of sex, etc.
3. Preparation of the Equality Plan: Based on the results of the diagnosis, the negotiating committee prepares the Equality Plan, which must include the objectives to be achieved, the measures to be implemented, the monitoring and evaluation indicators, and the implementation timeline.
4. Negotiation and Approval: The Equality Plan must be negotiated and approved by the negotiating committee.
5. Registration of the Equality Plan: Once approved, the Equality Plan must be registered with REGCON (Register of Collective Agreements and Collective Labor Agreements).
6. Implementation and Monitoring: The measures set out in the Equality Plan are implemented and periodic monitoring of compliance is carried out.
7. Evaluation: The effectiveness of the Equality Plan in achieving the established objectives is evaluated. This evaluation must be carried out at least at the end of the Plan's validity period.

Minimum Content of an Equality Plan: What Must It Include?

Although each Equality Plan must be adapted to the specific characteristics of each company, there are a number of minimum contents that must be included as a matter of obligation:

• Scope of application of the Plan: It should specify which work center or centers the Plan applies to.
• Diagnosis of the situation: A summary of the diagnosis carried out should be included, with the main results and conclusions.
• Objectives to be achieved: The objectives to be achieved with the Equality Plan should be defined regarding access to employment, professional promotion, training, remuneration, work–life balance, prevention of harassment, etc.
• Concrete measures to be implemented: The measures to be implemented to achieve the established objectives should be detailed. These measures should be specific, measurable, achievable, relevant and time-bound (SMART).
• Monitoring and evaluation indicators: The indicators to be used to measure compliance with the measures and the effectiveness of the Plan should be established.
• Execution timeline: A timeline should be established with the start and end dates of each measure.
• Responsible parties for implementation: The persons responsible for implementing each measure should be designated.
• Necessary resources: The resources (human, material, financial) necessary for the implementation of the Plan should be specified.
• Monitoring and evaluation system: A system should be established to carry out periodic monitoring of compliance with the measures and to evaluate the effectiveness of the Plan.

Consequences of Non-compliance: Sanctions and Risks

Failure to draw up and implement an Equality Plan may incur significant financial penalties, which vary depending on the seriousness of the infringement. In addition to financial penalties, non-compliance can damage the company's corporate image and generate distrust among employees and customers.

Resources and Assistance for the Development of Equality Plans

There are various resources and assistance available to companies that need to draw up and implement an Equality Plan, both at the national and regional level. These resources include:

• Guides and manuals: The Women's Institute and other public bodies offer guides and manuals for the development of Equality Plans.
• Subsidies and financial aid: Grants and financial aid can be applied for to finance the development and implementation of the Plan.
• Technical advice: There are companies and consultancies specialized in the development of Equality Plans that can offer technical advice.