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Spain: new obligations on equal pay from 14 April 2021

Nerea Albert



The Spanish government has approved the Royal Decree 902/2020, dated13 October 2020, on equal pay for women and men (“RD 902/2020“) ,which aims to fight against gender discrimination in the workplace.

The purpose of this RD 902/2020 is to implement specific measures that make it possible to enforce the right to equal treatment and non-discrimination between women and men in matters of remuneration.

This RD 902/2020 provides the following obligations:

  • It demands that Spanish businesses complete a salary register with the average salary values, salary supplements and non-wage benefits of their staff, separated by gender that may be accessed by the Works council. The goal of the register is to highlight whether there is female under representation or a gender wage gap.
  • The deadline for implementing the salary register is 14 April 2021, the date on which the new Royal Decree comes into force.
  • In addition, companies will have to undergo a pay audit. Companies must carry out an analysis of the pay situation and must establish an action plan to fight gender pay gaps.
  • The deadline for implementing the pay audit will correspond to the companies and deadlines foreseen for the obligation to implement an equality plan as indicated below:


Between 50 and 100 From 07/03/2022
Between 101 and 150 From 07/03/2021
Between 151 and 249 From 07/03/2020
250 or more From 2007
  • Failure by a company to comply with the obligations arising from this new regulation will expose it to administrative or legal actions. In particular, administrative sanctions of between €625 and €6,250 may be imposed according to the Law on Social Infringements and Sanctions.

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Areas of Expertise

Labour law