There are a series of specific labor obligations for companies with a workforce of fifty or more employees.
There are a series of specific labor obligations for companies with a workforce of fifty or more employees.
Quota for the reservation of jobs for people with disabilities.
All those companies that reach 50 workers are required to have hired at least 2% of workers with disabilities (art. 42 of Royal Legislative Decree 1/2013, of November 29).
It is equivalent to one disabled worker for every fifty workers.
All those companies that for some reason cannot hire workers with disabilities to cover the 2% reserve quota must prove it. This is accredited with a job offer that has not been possible to fill with disabled workers (to do so, they must contact an employment office), or with a report stating the reasons why it is not possible to hire disabled workers. Once the Sepe certifies that there are no workers who meet the requirements of the position required by the company is when the request for exceptionality and alternative measures can be submitted.
Equality Plan
As of March 2022, companies with more than fifty employees and up to one hundred employees will be obliged to prepare and implement an equality plan (article 45.2. Organic Law 3/2007, of March 22nd, for the effective equality of women and men and must be registered in REGCON).
Likewise, within this equality plan, they will be obliged, in addition to the registration, to carry out a salary audit that evaluates and assesses each job position, which will be included in the equality plan.
Following the entry into force of Law 4/2023, companies have had to modify the Equality Plan to expressly include non-discrimination against persons belonging to the LGTBI collective.
Justification of the differences in remuneration of one sex is higher than the other by at least 25%.
All companies, regardless of the number of employees, must also keep an “Annual Compensation Register”, which is a record of the average salaries, salary supplements and non-wage payments of their staff, broken down by sex and distributed by professional groups, professional categories, or jobs of equal or equal value. This register will be kept on an annual basis and must be updated in the event of substantial changes in the company.
In addition, when in a company with at least 50 employees, the average remuneration of one sex is at least 25% higher than the other, a justification for this difference must be included.
Internal whistle-blowing channel
The whistle-blowing channel is mandatory in companies with more than 50 employees because of Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption.
Legal representation of employees: Works Council.
Once a staff of 50 workers has been reached, the workers could constitute a Works Committee as a representative body of the workers. Companies cannot deny them this right, hence we consider it one of the obligations of companies with more than 50 employees.
In the case of companies with fifty or more workers, the Committee shall be formed by a minimum of five workers.
In any case, the possibility of setting up a works council will be at the request of the workers. Prior to such constitution, it will be necessary to promote elections in the work center in question.
Health and Safety Committee
If the works council exists, the company is obliged to set up a Health and Safety Committee.
This is a joint and collegiate body in charge of protecting the health of workers in their workplace.
This Committee will be made up of prevention delegates and the employer and/or his representatives, in a number equal to that of the prevention delegates. The prevention delegates are those workers’ representatives (of the Committee, in this case) who have specific functions around occupational risk prevention.
It is important to note that, if the company fails to comply with any of these requirements, it may be sanctioned with the imposition of penalties with very high amounts, so if you do not comply with any of these mandatory requirements, you should contact your labor advisor.
In addition to these specific labor obligations for companies with 50 or more employees, all companies with employees have the following obligations in addition to the annual salary register:
Workplace harassment protocol.
This is a mandatory protocol for all companies, according to the Equality Law 3/2007, regardless of their size. It is not enough to have the document, but it must be properly implemented and disseminated. Penalties for companies that do not comply with the obligation to have a protocol for workplace harassment can range from 7,501 to 225,018 euros in fines.
Telework agreements.
It is mandatory to establish in writing the teleworking agreement for those companies that have implemented the teleworking modality.
To be considered as teleworking, a minimum percentage of 30% of the total working day during a period of 3 months is required. For example, if the worker performs at least 2 days of telework per week, it would already be considered as telecommuting (Royal Decree-Law 5/2023).
The regulations require the following to be included in the teleworking agreement: type of modality, duration, location, distribution of working time, means, supervision, compensation, conditions, teleworking risks, data protection and processing.
The implementation of two committees that serve to channel the legal representation of professionals.
Digital Disconnection Protocol
This is a mandatory internal procedure for all companies to guarantee the right to digital disconnection and to preserve the rest time once the worker’s working day is over.
For further information, please consult with Labor consulting.
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