On this occasion we had with us Sandra Pérez, Labour and Social Security Inspector and Head of Area at the Provincial Inspection of Barcelona, specialist in Equality in the company.
During the past 7th and 8th of November we had the privilege of having Sandra again as an expert in a presentation about the Equality Plan and the Salary Register in professional offices, collaborating with our director, Maica Enrique.
Sandra, who has been working for the ITSS for more than 6 years, has a general and detailed view of the real level of application of equality standards in our business environment and the consequences derived from this level of application.
Q: Regarding the Salary Register, now that years have passed since the last update of the standard, what progress have you detected from the ITSS in the obligation to carry out the Salary Register and the Equality Plan?
A: From what is derived from our campaigns and visits to companies (inspections), the percentage of companies that have their Salary Register is higher compared to the Equality Plan. However, the volume of companies that do not have a Salary Register is still very significant.
Q: Why do you think companies do not decide to carry out the Salary Register?
A: From my experience, I see that company managers are a bit wary of analysing the salary structure in the company: sometimes, the thought is “there is no gap in my company and why should I do it”. Other times, they simply want to avoid the possible verification of a salary gap.
Q: Because, the mere fact that there is a salary gap is already a reason for sanction?
A: No. This is what is possibly not entirely clear:
The existence of a salary difference between sexes does not mean that there is a discriminatory situation based on sex, as long as there is an objective and reasonable justification for that difference. In other words, not every salary difference between workers of different sexes implies that there is a situation of discrimination based on sex. When there is an objective and reasonable justification for that salary difference, the cause that leads to a sanction has not been generated and the obligation of the company, in these cases, is to identify and report on that cause, in writing in the salary registration document.
Q: In your case, do you find yourself in many situations where these salary gaps are identified that are not accompanied by a situation of discrimination based on sex?
A: Yes, they occur very often and the justifications for these gaps accompany the dynamics of the company due to organisational issues and with respect to positions with different levels of responsibility.
Q: Are unjustified cases of salary discrimination based on sex still being detected?
A: Yes. Obviously, it depends a lot on the sector. Perhaps they are more alarming in sectors where feminised jobs are more precarious.
For example, even today the majority of management positions are occupied by men and when they are occupied by women there is a significant salary difference. This is not difficult to explain: a woman who accesses these jobs starts off with less advantageous salary conditions than those granted previously, when, in addition, it was usually men who accessed these positions.
It is also very important to say that these types of justifications and the reality of companies are understandable, but the fact that the history of the company is what it is is not a reason to justify that, currently, the remuneration policy has discriminatory features that perpetuate over time a discriminatory salary situation for two people who, occupying the same position and performing the same functions, have different salary conditions motivated, according to the company, by the time at which each one accessed that position.
This, which seems complicated, ends up being perfectly understood once we are sitting in front of the salary data of the companies.
Q: In general terms, are there situations of discrimination in favor of women?
A: Not in management positions. This can happen when we talk about professional categories determined by occupation or job position, when, in itself, it is already feminized. As a very clear example, when we talk about floor cleaners in a hotel.
Q: In your opinion, what would be the most important or noteworthy when we talk about salary records? What will ITSS focus on the most?
A: Salary supplements.
In practice, the greatest wage inequalities are camouflaged in the so-called Salary supplements, especially voluntary improvements or other voluntary or personal bonuses (which originate from a discretionary business decision).
That is, their payment does not respond to parameters set out in the collective agreement or in the internal regulations of the company, but rather their allocation and amount is decided unilaterally by the employer.
Q: Would you say that this is the point that should be most closely monitored and controlled by companies?
A: Correct. Hence the importance of reviewing the salary structure in the company by making a detailed analysis of the list of salary supplements that exist (especially voluntary ones) and also checking the criteria established to access them.
These criteria should always be objective and neutral in relation to the gender perspective.
Let’s say that a very detailed analysis of all the data is required: in addition to recording the numerical data, the salary register requires an analysis of the causes and whys: where the numbers come from.
We know that sometimes it is not an easy job, but it is the way that the company validates its remuneration policy and makes sure that the pay gap that may exist is not based on a situation of discrimination based on sex.
Q: Finally, the business community is concerned about whether there is a forecast that companies with fewer than 50 employees will be obliged to implement an equality plan.
A: Not at the moment.
And back to the routine. Sandra returns to her position in Barcelona, at the ITSS, helping companies to maintain standards regarding the application of labour regulations.