Having an Equality Plan is not only a legal obligation but also an opportunity to build a fairer, more innovative, and more competitive company.
Equal opportunities and workplace diversity drive productivity, reputation, and employee engagement. However, implementing an effective plan requires technical rigor, expert guidance, and strict legal compliance.
Why Your Company Needs an Equality Plan
Having an Equality Plan is a legal obligation under Ley Orgánica 3/2007 and Reales Decretos 901/2020 and 902/2020, which regulate effective equality between women and men in the workplace.
Beyond legal compliance, an Equality Plan strengthens the organization: it reduces turnover, increases engagement, enhances employer branding, and helps attract top talent.
According to McKinsey & Company, companies with active diversity and equality policies are 33% more likely to outperform their competitors.
🎧Listen to our podcast episode on Equality Plans
How to Know if Your Company Must Have an Equality Plan
Since March 7, 2022, all companies with 50 or more employees are required to negotiate, draft, and implement an Equality Plan.
However, calculating whether your company meets that threshold is not always straightforward. At GM Integra, we make it clear:
1. When should the headcount be calculated?
The calculation must be made twice a year:
- On June 30.
- On December 31.
If the workforce reaches 50 employees at either point, the obligation to implement an Equality Plan automatically arises—even if the number later drops. Once the negotiating committee is formed, the obligation remains until the plan’s term ends (usually four years).
2. How is the workforce calculated?
All employees count, regardless of contract type:
- Permanent, temporary, or fixed-discontinuous contracts.
- Fixed-term and temporary agency (ETT) contracts.
- Part-time employees count as one full employee, regardless of hours worked.
In addition, temporary contracts that ended in the last six months are counted as follows: every 100 days worked (or fraction thereof) equals one additional employee.
3. Which cases are not included?
- Members of cooperatives: their relationship is corporate, not labor.
- Interns or individuals with non-employment relationships are not counted.
However, both cooperatives and interns are protected under Ley Orgánica 3/2007 and Article 14 of the Constitución Española.
4. What about workers assigned through an ETT?
Yes. Employees assigned by temporary work agencies (ETT) must be included in the user company’s headcount.
Therefore, companies exceeding 50 employees including temporary assignments must also prepare an Equality Plan.
5. What if the workforce later drops below 50?
Once the threshold is exceeded and the negotiating committee is established, the obligation remains until the end of the plan’s duration (up to four years), even if the workforce decreases.
You must also prepare a plan if:
a) Your collective bargaining agreement requires it, or
b) It is imposed by the labor authority as a substitute for a sanction.
How to Implement the Equality Plan in 5 Phases
At GM Integra, we structure the design and implementation process into five key phases to ensure an organized, compliant, and effective rollout.
Phase 1: Commitment and Creation of the Negotiating Committee
Everything starts with management’s commitment. This must be formalized and communicated to the entire workforce.
Next, the Equality Negotiating Committee is created, made up equally of company representatives and employee representatives. This body is legally empowered to negotiate and approve the plan.
Incorrect composition can invalidate the plan, as ruled by the Audiencia Nacional. At GM Integra, we provide expert advice to ensure proper constitution, whether a union representation exists or an ad hoc committee must be formed.
Phase 2: Situation Diagnosis
The diagnosis is the foundation of any Equality Plan.
It must include both quantitative and qualitative data on:
- Recruitment, promotion, and professional classification
- Access to training
- Working conditions and work-life balance
- Pay audit
- Female representation in leadership positions
- Prevention of sexual and gender-based harassment
At GM Integra, we apply a rigorous methodology combining data analysis, surveys, and interviews. We also conduct the pay audit in accordance with Real Decreto 902/2020, identifying possible pay gaps and objectively justifying their causes.
Phase 3: Plan Design and Action Measures
Once the diagnosis is complete, we design the Equality Plan defining objectives, actions, KPIs, and a timeline.
Common measures include:
- Incorporating gender perspective in recruitment process.
- Training on inclusive leadership and unconscious bias
- Protocols for sexual and gender-based harassment
- Promotion of co-responsibility in work-life balance
- Internal communication using inclusive language
The plan is approved via minutes signed by the negotiating committee and registered in REGCON until the specific Equality Plan register is enabled.
Phase 4: Implementation and Communication
Once approved, implementation begins.
At GM Integra, we support this phase through:
- Specialized training and practical workshops
- Action protocols for incidents or complaints
- Tracking tools integrated into the Employee Portal
Clear, consistent internal communication strengthens trust and engagement throughout the organization.
Phase 5: Monitoring and Evaluation
The plan must be periodically reviewed.
At GM Integra, we establish a Monitoring Committee to assess compliance and analyze indicators such as:
- Female participation in leadership roles
- Reduction in pay gaps
- Uptake of work-life balance measures
- Evolution of workplace climate
This continuous improvement approach ensures that equality becomes a lasting value.
LGTBI Plans and Harassment Protocols: A Comprehensive Approach
Commitment to equality must also extend to LGTBI diversity.
Ley 4/2023 requires companies with more than 50 employees to have an LGTBI Plan and a Protocol for the prevention of harassment based on sexual orientation or gender identity.
At GM Integra, we help integrate these documents into a broader diversity, awareness, and compliance strategy.
As the United Nations highlights, promoting equality and inclusion is a direct source of innovation and social cohesion.
FAQs about Equality Plans
- Is my company required to have an Equality Plan?
If you have 50 or more employees, or if it is required by your collective agreement or the labor authority. - What are the penalties for non-compliance?
Fines can reach up to €187,515 for very serious infractions. - How long does it take to implement?
Between 4 and 6 months, depending on company size and structure. - Why do it with GM Integra?
Because we offer a comprehensive service: diagnosis, negotiation, training, and registration, supported by specialized legal and technical consulting.
Need Help Designing Your Equality Plan?
An Equality Plan is not just a legal requirement—it’s a chance to build a more ethical and sustainable corporate culture.
📩 Does your company need to create or update its Equality Plan?
Contact our team at comunicacion@gmintegrarrhh.com
