Royal Decree 1026/2024, approved on 8 October, is a milestone in the protection of LGTBI labour rights. This regulation, which implements the provisions of Article 15 of Law 4/2023, obliges companies with more than 50 workers to implement specific measures, including an LGTBI workplace harassment protocol, to guarantee real and effective equality in the workplace, consolidating the fight against discrimination and promoting inclusive and safe environments.
Objectives of the Royal Decree
- Guarantee equality and non-discrimination in companies for LGTBI people.
- Comply with international standards, such as the EU Charter of Fundamental Rights, Directive 2000/78/EC and the Sustainable Development Goals, especially SDG 10 on reducing inequalities.
- Include specific measures to protect people from harassment and violence, both in recruitment and in career development.
Obligatory nature and deadlines
- Applicable to companies with more than 50 employees, including temporary agency workers for the duration of their services.
- Anti-harassment protocol: It extends to employees, job applicants, suppliers, customers and visitors.
- Key deadlines:
- Establishment of the special negotiating body: 3 months from entry into force.
- Negotiation with legal representation: 6 months (if there is no collective agreement).
- Implementation of minimum measures: 3 additional months, in case of disagreement.
Mandatory Minimum Measures
Companies are free to customise the measures, but they must at least include what is stipulated in the standard:
- Equality clauses: Explicit reference to sexual orientation, gender identity and gender expression.
- Access to employment: Specific training to ensure fair selection processes.
- Career advancement: Objective criteria to ensure equal opportunities.
- Training and awareness-raising: Specific programmes on LGTBI rights aimed at the entire workforce.
- Inclusive environments: Promoting diversity in the workforce.
- Leave and social benefits: Adapted to the realities of diverse families, guaranteeing equal access.
- Disciplinary regime: Inclusion of sanctions for discriminatory behaviour.
Action protocol for dealing with harassment
The protocol must ensure:
- Agility and speed in the investigation and resolution of complaints.
- Confidentiality and respect for the privacy of the parties involved.
- Protection of victims, avoiding reprisals and taking care of their physical and emotional health.
- Fair hearing and restitution of working conditions if the harassment affects the victim.
- Prohibition of reprisals against whistleblowers or witnesses.
- Clear time limits and precautionary measures to separate the victim from the stalker while the investigation is ongoing.
Monitoring and Sanctions
The Labour and Social Security Inspectorate will be responsible for monitoring compliance with the measures, imposing sanctions in the event of infringements. Fines range from 200 to 150,000 euros, depending on the severity, and include:
- Suspension of subsidies.
- Prohibition of contracts with the public administration.
- Closure of the establishment in serious cases.
It is critical to bear in mind that not complying with the obligations regarding equality plans and measures established in Organic Law 3/2007, of 22 March, for the effective equality of women and men, the Workers’ Statute or the applicable collective bargaining agreement, including an LGTBI workplace harassment protocol, qualifies as a SERIOUS INFRACTION.
Furthermore, not drawing up or not applying the equality plan, or doing so in manifest failure to comply with the terms provided for, when the obligation to draw up such a plan responds to the provisions of section 2 of Article 46 bis of this Law IS A VERY SERIOUS INFRINGEMENT. Royal Decree 1026/2024 goes beyond the workplace by promoting inclusion and respect for diversity in all sectors of society. Awareness-raising campaigns support this effort by promoting egalitarian education and a deep respect for sexual and gender diversity.
Implementing these measures is not only a legal obligation, but also an opportunity for companies to lead change by creating organisational cultures based on empathy, respect and tolerance. This approach not only protects the fundamental rights of LGTBI people, but also enriches the working environment, promoting diversity as an essential value for business and social development.
With this regulatory framework, Spain reaffirms its commitment to social justice, moving towards a model of real and effective equality in the labour sphere and beyond.
If you need advice or have any employment-related questions, please do not hesitate to contact us. We are here to help you.
Photo by Xavi Cabrera on Unsplash
