On the occasion of the new wording of the Article 28.2 of the Workers' Statute which goes on to dictate the following:
”The employer is obliged to keep a record with the average values of salaries, salary supplements and extra-salary perceptions of its workforce, disaggregated by sex and distributed by professional groups, professional categories or jobs of equal or equal value.
Royal Decree 902/2020, of October 13, on equal pay between women and men enters into force, which establishes a series of obligations whose validity begins on April 14, 2021 and which now regulates the following guidelines:
CHAPTER III Remuneration transparency instruments
Section 1 remuneration register
Article 5. General rules on the remuneration registry.
- In accordance with the provisions of article 28.2 of the Workers' Statute, all companies must have a remuneration record of their entire workforce, including management personnel and senior officials. The purpose of this registry is to guarantee transparency in the configuration of perceptions, in a faithful and updated manner, and adequate access to the remuneration information of the companies, regardless of their size, through the documented preparation of averaged and disaggregated data.
- The remuneration record must include the average values of salaries, salary supplements and extra-salary perceptions of the workforce, disaggregated by sex and distributed in accordance with the provisions of article 28.2 of the Workers' Statute.
A tales efectos, deberán establecerse en el registro retributivo de cada empresa, convenientemente desglosadas por sexo, la media aritmética y la mediana de lo realmente percibido por cada uno de estos conceptos en cada grupo profesional, categoría profesional, nivel, puesto o cualquier otro sistema de clasificación aplicable. A su vez, esta información deberá estar desagregada en atención a la naturaleza de la retribución, incluyendo salario base, cada uno de los complementos y cada una de las percepciones extrasalariales, especificando de modo diferenciado cada percepción.
- When access to the registry is requested by the worker due to lack of legal representation, the information that will be provided by the company will not be the averaged data regarding the effective amounts of the remuneration that appear in the registry, but rather The information to be provided will be limited to the percentage differences that exist in the average remuneration of men and women, which must also be disaggregated according to the nature of the remuneration and the applicable classification system.
In companies that have legal representation of workers, access to the registry will be facilitated to workers through the aforementioned representation, having the right to know its full content.
- The reference time period will generally be the calendar year, without prejudice to the modifications that may be necessary in the event of substantial alteration of any of the elements that make up the registry, in such a way that the fulfillment of the purpose provided in section 1.
- The document in which the record is recorded may have the format established on the official web pages of the Ministry of Labor and Social Economy and the Ministry of Equality.
- The legal representation of the workers must be consulted, at least ten days in advance, prior to the preparation of the record. Likewise, and with the same notice, it must be consulted when the registry is modified in accordance with the provisions of section 4 "
From the above we can see that the salary record should include the following data:
- Total annual salary and gender gap in this concept.
- Annual base salary and gender gap for this concept.
- Annual salary supplements and gender gap in this concept.
- Extra-salary perceptions and gender gap of this concept.
- Annual earnings per overtime and overtime hours and gender gap in this concept.
That is why, in those cases in which workers require the consultation of these percentages in order to verify an egalitarian salary structure, they may contact us so that we can send them a comparison of salaries by sex.