Workforce calculation for the Equality Plan
December 21, 2021.
Magda Bargalló
WORKFORCE CALCULATION FOR THE PREPARATION OF THE EQUALITY PLAN
March 7, 2022: companies with 50 or more employees. How to obtain the workforce calculation?
As you know, starting next March 7, 2022, if your company has between 50 and 100 employees, you must have approved the equality plan.
It may seem easy to determine whether or not our workforce reaches 50 employees… until we have to do it.
We give you the 5 keys to obtain the correct total calculation of your workforce and determine whether or not you have the obligation to negotiate, prepare and implement the equality plan:
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When should we calculate the number of employees in my company?
Each year, you must do it at 2 specific times: June 30 and December 31.
If at any of the two times of the year your workforce reaches 50 employees, you automatically have the obligation to negotiate, prepare and implement the Equality Plan.
That is, at the moment when your company’s workforce reaches 50 employees, even if it is not maintained over time, your company is obliged to implement the Equality Plan.
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How is the workforce calculated?
The calculation will be made on all the employees in the company. Whatever the type of employment contract, including people with fixed-term contracts, with fixed-term contracts and people with contracts for making available.
In any case, each person with a part-time contract will be counted, regardless of the number of hours worked, as one more person.
Fixed-term contracts will be taken into account, whatever their type, which, having been in force in the company for the previous 6 months, have been terminated at the time of making the calculation. In this case, every 100 days worked or fraction thereof will be counted as one more worker.
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Do the members of a cooperative count as staff for the purposes of the obligation to negotiate the equality plan?
No, since the relationship that links cooperative societies with their working members is not an employment relationship but a corporate relationship.
However, working partners are subject to all the cross-cutting regulations that protect the prohibition of direct and indirect discrimination based on sex. From article 14 of the Spanish Constitution to the articles of Organic Law 3/2007, of March 22, which establishes the specific requirements for equal treatment and opportunities between women and men.
They are also subject to the measures that may be included in their specific regulations, including regional regulations, to promote effective and real equality between women and men in the case of cooperative societies.
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Do interns or other people linked to the company by non-employment relationships count as staff for the purposes of the obligation to negotiate the equality plan?
No. Only employees count as staff.
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Should people seconded by temporary employment agencies be included in the user company’s workforce?
Yes. To calculate the number of people who give rise to the obligation to prepare an equality plan, the company’s total workforce will be taken into account, including people seconded under employment contracts.
Once you detect that your workforce reaches 50 or more people, and whatever the time at which this occurs, the obligation to negotiate, prepare and implement the equality plan arises.
This obligation will continue even when the number of employees in your company falls below fifty, once the negotiating committee has been established and until the period of validity of the plan agreed therein concludes, or, where appropriate, for four years.
Remember that, even if we do not reach a workforce of 50 workers, our company must prepare and implement an equality plan if:
a). It is established by the applicable collective agreement
b). The labor authority has agreed in a sanctioning procedure to replace the accessory sanctions with the preparation and implementation of said plan
For more information contact 93 872 69 44