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The Government forces companies and unions to negotiate the 'seal' that recognizes the commitment to Equality

MADRID, 3 May.

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The Government forces companies and unions to negotiate the 'seal' that recognizes the commitment to Equality


The Government has approved this Wednesday in the Council of Ministers a decree that obliges companies to negotiate with the representatives of the workers the 'Distinctive of Equality in the Company' (DIE) that recognizes those companies most committed in this matter .

This is a text that modifies separate decrees on this subject approved in 2009 and 2015 to, as reported by the Executive, "update and improve certain issues related to participation, assessment and the procedure to deliver the badge, among other issues".

In fact, part of the new text approved this Wednesday comes to adapt the decree to the legislative modifications that have been produced through the decree that regulates equality plans and their registration; and the decree on the registration and deposit of collective labor agreements and agreements and the one on equal pay between women and men; in addition, the law of the Common Administrative Procedure of Public Administrations and the Legal Regime of the Public Sector.

But the general requirements for the DIE application are also modified and, for example, two groups of candidate entities or companies are established based on the obligation to prepare and apply an equality plan; o The requirement to have an equality plan in force and registered, which includes a remuneration audit, is established.

In the case of companies or entities not obliged to draw up an equality plan, they must have equality measures deposited in the register and deposit of collective labor agreements and agreements and equality plans or, where appropriate, have a plan of voluntary equality, they have explained from Moncloa.

In addition, the obligation to present a statement of support for the candidacy is established, signed by the majority of the legal representation of the workers when it exists in the entity or company or, failing that, by the majority of the workforce and is conferred greater importance to the trajectory in the development of plans or measures of equality, demanding the presentation of a follow-up report that includes a minimum period of two years.

In the same way, "the availability of a specific procedure for the prevention of sexual harassment and harassment based on sex is valued" or the requirement that "the requesting entity has not been firmly sanctioned for serious or very serious infractions is incorporated. in terms of equal opportunities, non-discrimination and universal accessibility for people with disabilities in the three years prior to the deadline for the submission of applications".

The Government also highlights the novelty that a maximum of two people representing trade union organizations and another two representing the most representative business organizations at state level may be summoned to the Evaluation Commission.

The implementation, monitoring, evaluation and results of the measures contained in the equality plans or equality policies, their comprehensive nature, the application of positive action measures, the implementation, monitoring and evaluation of the anti-harassment protocol will also be assessed. and by reason of sex, the breakdown by sex of the data, as well as the evolution and degree of implementation of equality measures and the situation of women and men in the workforce.

On the other hand, it includes the obligation of distinguished companies or entities to notify the Ministry of Equality, through the Women's Institute, of any change in the circumstances that led to the granting of the badge, as well as any breach of the regulations. on equality between women and men, among other issues, and an intermediate follow-up report must be submitted after two calendar years have elapsed since the award of the badge or its extension.

Finally, the new decree establishes that the validity of the badge will have a duration of five years and includes a new case of suspension, when the company has been sanctioned by means of a resolution subject to appeal for serious or very serious infractions in terms of equality between women and men until the firmness of the resolution.