Are you up to date with labor obligations?

According to RDL 6/2019, of March 1, 2019, companies with more than 50 employees are required to implement an Equality Plan, that is, an ordered set of measures for the effective equality of men and women in all types of organizations.

The Equality Plans must be the result of a diagnosis of the equality situation in the company.

The procedure for  the  negotiation of  Equality  Plans with  the  creation of  a  joint and  equal negotiating commission with the presence of the Legal representatives of the Workers and Trade Unions.

The Remuneration Audit will assess job positions (tasks, remuneration and promotion system) and will design an action plan to correct the inequalities detected.

(Complaints Channel) Companies must have an internal information system (SIIF).

This provides whistleblowers with a duly regulated channel for reporting violations and breaches of regulations, which requires various elements of confidentiality and protection of individuals, as well as allowing the possibility of anonymous communications.

It must also be implemented  in  companies with  fewer  than 50  employees  engaged in financial services, products and markets, prevention of money laundering or terrorist financing, and certain areas of transportation security and environmental protection.

The General Disability Law (LGD) is a nationwide regulation that is mandatory for companies with more than 50 employees.

According to Article 42.1 of the General Law on the Rights of Persons with Disabilities and their social inclusion (Royal Legislative Decree 1/2013 of November 29), those private companies that employ 50 or more workers (total computation of employees) are required that at least 2% of them have the disability certificate (percentage of disability equal to or greater than 33%).

Companies with more than fifty employees must have a planned set of measures and resources to achieve real and effective equality of LGTBI people, including an action protocol for dealing with harassment or violence against LGTBI people.

An LGTBI Plan or Protocol is a set of measures and resources to achieve real and effective equality of LGTBI people, including an action protocol for dealing with harassment or violence against LGTBI people.

The development of this ordered set of measures will aim to prevent discrimination against LGTBI workers and their families.

If the company has already implemented the Equality Plan, we will  have to  reopen  collective bargaining to expressly include LGTBI people in it.

If the company has not yet implemented the Equality Plan, it is a good opportunity to implement both Plans, so that, in addition to the Equality Plan, in addition to the absolute rejection of the organization to this type of conduct, the commitment to prevent, detect, correct and punish any type of workplace harassment, cyberbullying or harassment through social networks is included.

Harassment in the workplace is classified as a discriminatory behaviour that is expressly prohibited in Organic Law 3/2007, of March 22, 2007, for the effective equality of women and men. To which we must add the new regulations approved on sexual harassment and harassment based on sex, sexual identity and orientation.

Since the entry into force of Organic Law 3/2007 of March 22nd for effective equality between women and men, companies are obliged to implement an action protocol to deal with workplace, sexual and gender-based harassment, including specific procedures to prevent and act against it. This is a mandatory protocol for all companies, according to the Equality Law 3/2007, regardless of their size.  It is not enough  to have  the  document, but  it  must be  properly  implemented and disseminated.

Companies must have a Digital Disconnection Protocol that sets out the organization of working time, clearly delimiting the effective working time and rest time, as well as the measures taken by the company to ensure the digital disconnection of all its employees, regardless of whether their work is performed in person, remotely, full time, part time, management positions or other areas within the organization.

Failure to adopt the protocol could lead to the imposition of sanctions by the Labor Inspectorate, which will act ex officio or on the employee's complaint.

The Wage Register is a key tool to ensure transparency and equal pay in a company.

The salary or remuneration register is a general obligation for all companies to ensure transparency in the setting of remuneration and specifically defined access to the register for employees and employee representatives.

This register must be kept on an annual basis.

In those companies where teleworking is implemented with a percentage of more than 30% of the total working day for a period of 3 months, the workers must have an annex to the employment contract containing  the  following aspects:  type  of modality,  duration,  location, distribution  of working  time, means,  supervision,  compensation, conditions,  teleworking  risks, data  protection and processing.

The IT media or monitoring protocol consists of a code of conduct that regulates the rules regarding the use of IT and mobile devices provided by the company to employees for the development of their work activities and informs employees of their rights and obligations in the use of these media. It stipulates how the monitoring of the devices is carried out by the company for business control, being able to access the computer devices in case of any suspicion of labour unlawful acts and, where appropriate, to apply the corresponding disciplinary regime.

The recording of working hours is the fact of recording the start and end time of the working day of each worker, and the company is obliged to ensure that this can be carried out in the manner and with the established requirements.

Time registration is mandatory for all companies with salaried personnel.

The employer has the  duty to  protect  its workers  against  occupational hazards,  ensuring  their health and  safety  in all  aspects  related to  their  work, by  integrating  preventive activity  in  the company and adopting all necessary measures.

The occupational risk prevention plan is the tool through which the company's preventive activity is integrated into its general management system, establishing the occupational risk prevention policy.

The code of ethics or code of conduct is a set of mandatory rules for employees that brings together the rules, criteria and values of the company and the work activity, especially with regard to ethics, to control the conduct of employees within the philosophy and values of the company.

Among   others, they include   principles  such   as   responsibility,  professionalism, dedication, confidentiality and independence They are established unilaterally by the company.

Failure  to comply  with  the codes  of  conduct, when  they  have been  incorporated  into the employment  contract, implies  that  the requirements  of  seriousness and  culpability  are  met  to justify dismissal.