Law 4/2023 established 2 March 2024 as the deadline for all companies with more than 50 employees to have an LGTBI Plan in place. However, the specific content of this plan has not been specified until now, with the regulatory development of Article 15.
On 26 June, an important agreement was signed between the Ministry of Labour and the Social Agents for equality and non-discrimination of the LGTBI collective in the workplace, which establishes the specific measures to implement the LGTBI Plan. We still have to wait for the approval by the Council of Ministers and the publication of the regulatory text in the Official State Gazette, but we finally know the terms that will have to be taken into account for the implementation of the LGTBI Plan. We break them down in this article.
Which companies are obliged to have an LGTBI Plan?
All companies with more than 50 employees are obliged to have an LGTBI plan. The calculation is made considering the entire workforce of the company on the last day of June and December of each year, regardless of the type of contract, the number of workplaces or the type of contract.
The obligation remains in place even if the number of employees falls below 50 once the special negotiating body has been set up and until the end of the term of the plan or, failing that, for four years.
What should it include?
The LGTBI Plan must include a planned set of measures and resources to achieve real and effective equality for LGTBI people.
It should specifically include an anti-harassment and violence protocol identifying preventive practices and mechanisms for detecting and dealing with harassment.
How to create it
The measures included in the LGTBI Plan must be agreed through collective bargaining and have been agreed with the legal representatives of the workers.
First the negotiating body will draw up a status report based on the documentation provided by the company. This documentation shall include, without exception, a work climate survey on LGTBI rights at work.
The plan should follow this structure:
- Identification of the parties involved in the negotiation.
- Personal, territorial and temporal scope.
- Qualitative and quantitative objectives of the planned measures.
- Description of specific preventive and reactive measures, timeframe for implementation and prioritisation, as well as design of indicators to assess progress.
- Timetable of actions for implementation, monitoring and periodic evaluation. Identification of the necessary means and material or human resources.
How long will it be in force?
The duration of the LGTBI Plan shall not exceed 4 years.
Penalties foreseen
Law 4/2023 provides for penalties of between 200 and 150,000 euros for individuals or companies that violate LGTBI rights. In addition, companies that fail to comply with their obligation will not be eligible for government contracts and could be forced to cease their activity for three years.
At Confianz we help you to implement your LGTBI Plan
At Confianz we provide you with all the labour law services that your company requires. Therefore, we help you to create the LGTBI Plan and we give you the necessary guidelines to implement it in a satisfactory way according to the current regulations. For more information, contact us!