Spain reinforces its commitment to equality and the protection of the rights of the LGTBI community in the workplace. In October 2024, the Government approved Royal Decree 1026/2024, of October 8, which develops the planned set of measures for equality and non-discrimination of LGTBI people in companies.
According to this regulation, companies must negotiate with the representatives of the workers a plan that includes equality clauses, measures for access to employment, promotion criteria, training, promotion of inclusive environments, social benefits and a disciplinary regime.
Consequently, companies with more than 50 employees have until April 10, 2025 to incorporate the measures of the LGTBI measures plan into their internal regulations. If the collective agreement has not incorporated them, they must apply the measures included in Annexes I and II of the regulations by default. Although companies with a company or collective agreement had to do so before January 10, 2025.
Likewise, although the rest of the companies are not obliged to develop this protocol, its implementation is recommended, since it contributes to the creation of more inclusive work environments, improves corporate reputation and promotes the well-being and productivity of employees, explain from the company Synergie, specialized in global human resources solutions.
Content and criteria of the LGTBI Measures Plan
The protocol must include clauses of equal treatment and non-discrimination, measures to promote the hiring of people from the group and guarantees for professional development. Likewise, it will be mandatory to offer training to the staff to raise awareness among workers regarding the use of inclusive and respectful language. These trainings must be given by professionals specialized in the matter, whether internal or external to the company.
It will also be essential that the plan recognizes the different types of family structures and establishes a system of infractions and sanctions against any conduct that violates sexual freedom, identity or gender expression.
Another notable point is that, instead of including specific measures for the LGTBI group in the harassment plan, which is mandatory for all companies, the LGTBI protocol must be a separate document and must identify concepts such as hate crimes and discrimination, as well as contain specific measures for when they occur. These concepts must be very clearly defined to discern which plan to activate.