NOTE ON THE SALARY RECORD
RD (Royal Decree) 902/2020 of 13 October 2020, on equal pay between women and men is the essential regulation in this matter which must be developed with an additional regulation in order to, for example, incorporate the “document which includes the record”, and as provided under Article 5 of this Royal Decree, it will be (because as of today – less than 2 weeks from being mandatory – neither the Ministry of Labour or the Ministry of Equality has developed it) incorporated “on the official web pages of the Ministry of Labour and Social Economy and of the Ministry of Equality”.
The grounds for equal pay can be found in Article 28 of the Consolidated Text of the Workers’ Statute approved by RDL (Royal Decree-Law) 2/2015 and it could already be found in the wording of the Workers’ Statute of 1980.
This RD is applicable to all companies according to Art. 5(1) of RD 902/2020, which refers to Art. 28(2) of the WS (Workers’ Statute).
This RD has two essential pillars:
- The principle of salary transparency
- The obligation of equal pay for works of equal value
The set of data is the framework structuring and supporting the assessment to be made in that respect to analyse and correct, where appropriate, any existing salary gaps.
A correct job post assessment requires applying the criteria of adequacy, completeness and objectivity, where these criteria are understood as follows:
- Adequacy: the relevant factors of the assessment must be those related to the activity.
- Completeness: taking into account all the circumstances of each post.
- Objectivity: there must be clear mechanisms identifying the factors.
The salary record shall include, among others: mean salary values, the supplemental wages and the non-salary benefits of the staff broken down by sex and distributed according to Art. 28(2) WS, which provides that they shall be distributed by professional groups, professional categories or job posts that are the same or of the same value without prejudice to the rights acquired.
The mean and median of what is really received for each salary concept in each professional group, category, place of work, etc., shall be established.
The reference time period shall generally be a calendar year.
The legal representation of the workers must be consulted with a notice of at least 10 days prior to preparing the record and with the same notice if the record is amended.
Workers who request it may access the data in the salary record, although the information provided to them shall be the percentage differences that may exist between men and women broken down based on salary and the applicable classification system.
Companies that carry out salary audits, that is, those that prepare an Equality Plan (Art. 46(2)(e) of OL (Organic Law) 3/2007), shall draw up an extended salary record according to Art. 6 of this Royal Decree.
The content of the salary audit is included in Art. 8 of this regulation.
Part-time workers have the same rights as full-time employees, and the principle of proportionality in regard to the provisions of the regulation shall be respected. Any proportional reduction must assure that there will be no negative repercussion for the enjoyment of maternity or child or dependent care rights.
The Third Additional Provision of the regulation indicates that a job post assessment procedure shall be developed before 14 October 2021.
This RD 902/2020 becomes effective on 14 April 2021.