Equality Reform (1): introduction of Royal Decree-Law aimed at closing gender pay gap

As had been announced, and as we mentioned in this post, the Spanish government has published Royal Decree-Law 6/2019, of March 1, on urgent measures guaranteeing equal treatment and equal opportunities for men and women in employment and occupation (“RDL 6/2019”), aimed at eliminating or reducing the gender pay gap and achieving gender equality.

RDL 6/2019 introduces important amendments in different areas. To explain these amendments, the #Cuatrecasas #compliance group will publish several posts analyzing the new developments in this important regulation, as well as holding information sessions on the topic.

RDL 6/2019 amends seven regulations: the Workers Statute, the Equality Act, the General Social Security Act (“LGSS”), the Self-Employed Workers Statute, the Basic Statute of Public Employees, the Labor Infringements and Sanctions Act, and the Budget Act of 2009.

The new developments in RDL 6/2019 have a big impact on the obligations and rights of companies and workers, and relate to the following:

1. suspension of employment contract due to childbirth (before “maternity/paternity leave”)
2. care of nursing infants (before “nursing”)
3. reduction and adaptation of working hours
4. terminating employment agreements of pregnant women and workers with children, and
5. equality plans, particularly, equal pay and the salary transparency obligation.

In addition to these changes, RDL 6/2019 adapts terminology to eliminate sexist language. Therefore, from the introduction of RDL 6/2019, “trabajador” (worker) will be “persona trabajadora“ (working person), “maternidad” (maternity leave) and “paternidad” (paternity leave) will be “nacimiento“ (childbirth); “permiso de lactancia” (nursing leave) will be “permiso por cuidado del lactante” (care of nursing infants); “nacido” (newborn) will be “neonato” (newborn baby); “maternidad” (maternity leave) will be “nacimiento y cuidado de menor” (birth and childcare) (in LGSS); and “parto” (labor) will be “nacimiento” (birth).

RDL 6/2019 comes into force on March 8, 2019, except for the extension of leave due to childbirth, which will come into force on April 1. As the Spanish parliament is currently dismissed, the Permanent Parliamentary Council must approve RDL 6/2019 within 30 days. Otherwise, RDL 6/2019 will be considered repealed, and considered to have been effective from its coming into force and up until the failure to approve it.

In our next post, we will analyze the new developments relating to equality plans, equal pay and the registering of salary information.