As of next April 2021, the obligation to have a salary register comes into force, the objective of which is to make effective equality in remuneration matters between men and women.
This norm establishes mechanisms to identify situations of inequality, which revolve around the principle of transparency:
– Obligation to keep a remuneration record (companies with up to 50 workers), or carry out a labor audit (more than 50 workers).
– Apply a system for evaluating jobs in the professional classification.
– Make effective the right to information for workers.
What is the Remuneration Register?
The mandatory salary or remuneration register is a document where all the average valuesof the salaries of the workers of a company must be recorded (including salary supplements and extra salary perceptions) divided by sex and distributed by groups and professional categories, or equal jobs.
Companies bound by the Remuneration Register
All companies operating in Spain are required to keep a salary register, regardless of their size. The Salary Register must include all employees of the firm1.
Can the Inspection fine for not having the Register?
As of April 2021, the Inspection may request these salary records from the companies and may sanction those that have not done the register, carrying out the appropriate administrative and judicial, individual and collective actions.
Validity of the Remuneration Register
The salary or remuneration register will be valid for one calendar year, except in circumstances that imply an alteration of data and must be updated when there are changes in regulations.
When does the mandatory Salary Register come into force?
The salary register takes effect on April 14, 2021, the date of entry into force of RD 902/2020; it is from this date that all Spanish companies must keep and maintain a remuneration register.
The register must make it possible to prove that the criteria with which the remuneration is set respect the principle of equality and the legal requirements, and must be available to the Labor Inspectorate and the representatives of the workers.
The salary audit is one step beyond the register, since it means an assessment of the jobs in order to detect possible salary gaps between workers. The design of an action plan is required in the event of detecting possible remuneration inequalities among workers. This audit is only mandatory for companies with more than 50 workers and must be part of the Equality Plan.