Royal Decree 1026/2024, which came into effect on October 10th, requires companies with more than 50 employees to implement measures ensuring equality and non-discrimination for LGTBI individuals. This includes introducing a protocol to prevent harassment and violence, in line with the “Trans Law.”

Which companies are affected?

Companies with over 50 employees must negotiate and put in place measures that apply to all staff, regardless of contract type. Employees with temporary contracts in the last six months also count, with one extra employee added for every 100 days worked.

How are these measures applied?

The measures apply to the entire workforce, including those provided by Temporary Employment Agencies (ETT). The anti-harassment protocol also covers job applicants, suppliers, and customers.

Collective bargaining process

The measures must be negotiated collectively. If a collective agreement already exists, this process will follow that framework. Otherwise, companies with legal employee representation will negotiate specific company agreements. For companies without representation, a negotiation committee will be formed, including company members and union representatives. Unions have 10 business days, extendable, to respond, after which companies may act on their own.

Deadlines for implementation

Companies with a collective agreement or representation need to establish a negotiation committee by January 10th, 2025. Those without agreements or representation have until April 10th, 2025. If a company reaches 50 employees after October 10th, 2024, their deadline starts when that threshold is crossed.

What if no agreement is reached?

If no agreement is reached within three months, the company will temporarily apply the Regulation’s measures until a collective agreement or specific arrangement is formalized.

Key requirements for these measures

These measures must include an anti-harassment and violence protocol with preventive actions and response mechanisms, ensuring equal treatment and non-discrimination based on sexual orientation, gender identity, gender expression, and sexual characteristics.

The measures should also cover:

  • Hiring practices: Provide training for fair recruitment processes.
  • Job classification and promotion: Use objective criteria to ensure equal opportunities for career advancement.
  • Training and awareness: Create LGTBI rights programs promoting non-discrimination and equal opportunities for all employees.
  • Inclusive work environments: Foster diversity across the workforce.
  • Leaves and benefits: Guarantee that LGTBI families and trans individuals can access leave, benefits, and labor rights without discrimination.

Disciplinary policies must include sanctions for any behavior violating sexual freedom or gender identity, all regulated within the relevant collective agreements.

Royal Decree 1026/2024 reinforces the commitment of Spanish companies to building inclusive, discrimination-free workplaces for LGTBI individuals, setting out clear rules for its implementation and enforcement.

For more information or legal advice, contact our labor law department at addwill. We are here to help you meet your labor obligations and ensure the well-being of your company and employees. You can call us at 93 487 52 00, email comunicacio@addwill.eu, or click here.