The Labor Inspectorate intensifies control over equality plans

The main objective of the inspection campaigns is to verify that the companies required to comply—that is, all those with 50 or more workers, as well as those that are there by collective agreement or by specific regulation—have a valid, registered and effectively applied equality plan.

For months now, the Labour and Social Security Inspectorate has significantly increased its actions aimed at verifying compliance with business obligations regarding effective equality between women and men in the workplace. This intensification is not temporary or anecdotal: it is part of a sustained strategy that will continue throughout 2025, as the inspectorate itself has already announced.

The main objective of the inspection campaigns is to verify that the companies required, that is, all those with 50 or more workers, as well as those that are required by collective agreement or specific regulation, have a valid, registered and effectively applied equality plan.

What documentation are the inspectors requesting?

In its visits or requests, the ITSS requires the following minimum documentation from obligated companies:

• Equality Plan negotiated with the legally constituted Commission and approved in accordance with RD 901/2020.
• Resolution certifying its registration in the Public Register of Equality Plans (REGCON).
• Acts of constitution and meetings of the negotiating and monitoring Commission.
• Remuneration audit and job evaluation, under the terms established by RD 902/2020.
• Annual remuneration register differentiated by gender, professional category and contribution group.
• Protocol against sexual harassment and harassment based on gender (mandatory for all companies).
• Specific LGTBI measures or plan, when the company has more than 50 workers.

Attention. Not having this documentation or not having it updated can imply financial penalties of up to 225,018 euros, in addition to the loss of bonuses, public aid and the impossibility of contracting with the public sector.

What does the Inspectorate check besides the paper?

Beyond checking that the equality plan exists and is formally registered, the ITSS checks:

• If the plan includes effective measures with an implementation schedule, designated persons responsible and monitoring mechanisms.
• Whether corrective measures are being applied following the detection of wage gaps, occupational segregation or unequal treatment.
• Whether there is an equality committee or real mechanisms for periodic review.
• Whether the content of the plan has been communicated to the workforce.
• If the pay gap exceeds 25%, documented objective justification is required.

Furthermore, although the company is not required to have an equality plan, it must in any case respect the principle of equal treatment and opportunities, adopting preventive measures against discrimination and mandatorily having a remuneration register.

Sanctions to consider

• Lack of equality plan when it is mandatory: up to €225,018.
• Not having a salary record: up to €7,500.
• Unjustified salary gap greater than 25%: penalty of up to €7,500, unless there is serious discrimination, in which case it can also reach €225,018.
• Not communicating the plan, not applying it or not evaluating it: cumulative penalties, in addition to reputational damage or loss of subsidies.

Therefore, if your company has more than 50 employees or is affected by an agreement that imposes this obligation, it is unavoidable:

1. Verify that the plan is valid and registered with REGCON.
2. Keep salary audits and remuneration records up to date.
3. Accredit the negotiation process with legal representation or, if there is none, with an ad hoc commission.
4. Have protocols in place against harassment and LGTBI measures, as appropriate.
5. Implement real and evaluable measures that make the principle of equality effective.

At Ramió Assessors we provide solutions to any of your needs in the workplace, contact our office.