The Supreme Court allows unilateral equality plans in the absence of a union response
The Supreme Court has recently ruled that companies can draw up equality plans unilaterally if they do not receive a response from the unions called upon. This decision responds to the growing problem faced by many companies that lack legal representation of workers (RLPT) in their workplaces and that, after trying to contact the most representative unions, do not receive a response, thus paralysing the negotiation of their equality plans.
Context on equality plans in companies
The current regulations require that, in the absence of RLPT, companies must call the most representative unions in the sector to form a negotiating committee for the equality plan. However, in many cases, these union organisations do not respond, which prevents companies from complying with their legal obligations.
Specific case that led to the ruling
The case that led the Supreme Court to this resolution involves a company that, after multiple attempts to contact the unions Comisiones Obreras (CC.OO.) and Unión General de Trabajadores (UGT), decided to draw up its equality plan unilaterally. The company sent faxes and emails to both organizations, but did not receive a response within three months. Faced with this situation, the company proceeded to draft and register its equality plan in the Register of Collective Agreements (REGCON) to avoid incurring in labor violations and being excluded from public calls that require a validated equality plan.
The Supreme Court has considered this lack of response as an “exceptional” situation that should not prevent the company from registering its equality plan. According to the interpretation of the High Court, in circumstances where:
The company lacks RLPT,
Bufaxes and emails have been sent to all the most representative and representative trade union organisations in the sector,
It has been impossible to count on the organisations to form a negotiating committee, three months having passed since the first call, the company can draw up an equality plan unilaterally. This plan will be provisional and must be registered in the REGCON, allowing companies to comply with their legal obligations and avoid sanctions.
Impact of the ruling on companies and unions
This ruling by the Supreme Court is a relief for many companies that were in uncertainty due to the lack of a union response. By allowing the unilateral preparation of equality plans, the Court ensures that companies can move forward in the implementation of gender equality policies, a key requirement in Spanish labour legislation.
However, this ruling has also generated debate among trade union organisations and labour law experts. Some fear that this measure could weaken union participation in the development of equality plans, while others consider it to be a pragmatic solution to the inaction of some unions.
Conclusion
In short, this Supreme Court ruling sets an important precedent and offers a solution so that companies can comply with gender equality regulations, despite the lack of response from union organizations. This advance will allow many companies to avoid sanctions and continue participating in public calls, thus contributing to the promotion of equal opportunities in the workplace.
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