The challenge of complying with labour regulations continues to grow

In recent years, companies are facing increasing regulatory demands on labour compliance, forcing them to negotiate and implement numerous internal protocols and plans (equality plans, pay records, digital disconnection protocols, anti-harassment policies, among others). Each document requires specific procedures for approval, some through collective bargaining, which in practice creates lengthy and complex processes.

Previous experience with gender equality plans showed that the obligation to negotiate with trade unions often resulted in unilateral approval of the plans due to a lack of trade union response, thus overloading the procedures.

On this basis, the legislator introduced, through Article 15.1 of Law 4/2023, the requirement of a new document: the so-called LGTBI Plan, aimed at guaranteeing equality and non-discrimination of LGTBI people in companies. This obligation came into force in February 2024, without a clear regulatory development at that time, which generated great uncertainty, especially in relation to the protection of sensitive personal data such as sexual orientation.

It was not until October 2024, with the publication of Royal Decree 1026/2024, that some clarity was provided, albeit in a limited way. Instead of establishing concrete guidelines on the content of the LGTBI Plans, the regulation referred their development to collective bargaining, making their practical application difficult, especially given the low compliance observed: to date, only two state agreements (chemical industry and sugar industry) have complied with this mandate.

The article concludes that, despite good legislative intentions, collective bargaining on LGTBI issues presents significant challenges in its actual implementation in companies.

Article written by Sara Duro, Senior Associate, Labour and Employment.