If your company has more than 50 employees you must have an LGBTI plan before April 10, 2025

Companies with more than 50 employees must have, before April 10, 2025, a plan for labor equality and against harassment and violence at work for people from the LGTBI group, as set out in Royal Decree 1026/2024.

We present the most relevant aspects of this new rule.

The LGTBI Plan must be part of the company's protocols before the established date, whether this has been agreed with the Company Committee or not . If an agreement is not reached, the companies will have to apply the measures established by the text of the Royal Decree.

Collective agreements or agreements must include clauses that contribute to creating a context favorable to diversity and make express reference not only to sexual orientation and gender identity, but also to gender expression and diversity familiar

In addition, they will have to integrate into their training plans specific modules on the rights of LGTBI people and measures that address the reality of diverse families, spouses and common-law partners.

On the other hand, the agreements must include very serious sanctions for attacks on workers' sexual freedom. The Labor Inspectorate will be equipped to monitor compliance and sanction in relevant cases.

The anti-harassment protocol will not only apply to people who work in the company, but also to those who apply for a job, to the staff on hand (i.e. the agreed between a company of temporary work and a user company), suppliers, customers and visits.

And companies with 50 or fewer employees will be able to negotiate these measures voluntarily. Apart from the size of the company, the rule will apply to the entire workforce, including employees made available.

What is the content of the plans?

LGTBI plans must contain equal treatment and non-discrimination clauses, measures for companies to contribute to their recruitment, guarantee for career development and promotion, as well as awareness training for company employees with the group and use correct and respectful language.

Likewise, they must guarantee permits and social benefits, recognize the different types of families and have a regime of infringements and sanctions for behavior that threatens sexual freedom, orientation or the way of expression.

A prevention and action protocol against harassment and violence is also mandatory.

If you need more information, do not hesitate to contact DATA AND SERVICES