On October 8, 2024, Royal Decree 1026/2024, which implements measures for the equality and non-discrimination of LGTBI individuals in companies, came into effect, fulfilling the requirements of Law 4/2023 aimed at guaranteeing the rights of trans and LGTBI individuals. Although it arrived somewhat late, this regulation is a clear response to the need for the labor market to evolve in order to provide an inclusive, respectful, and discrimination-free environment.
The regulatory development not only clarifies legal terms but also establishes specific obligations for companies. These measures are not optional; they are necessary to advance the creation of a more equitable society. Among the main obligations companies must adopt is the implementation of a planned set of measures, with a clear focus on ensuring the real and effective equality of LGTBI individuals in the workplace.
Among the minimum measures required, there are clauses on equal treatment and non-discrimination, not only in terms of sexual orientation and gender identity but also regarding gender expression. This novelty is fundamental as it implies the recognition and respect of the diversity of all individuals, beyond traditional categories. Furthermore, it establishes a selection and recruitment process that prioritizes the suitability of the candidate without any type of bias, along with clear regulations for promotion and advancement criteria for LGTBI individuals.
Another relevant aspect is the obligation to include training plans within companies on the rights of LGTBI individuals in the workplace and to promote diversity to create safe, inclusive environments. The law also seeks to guarantee LGTBI individuals’ access to benefits, social entitlements, and rights, addressing the reality of diverse families, spouses, and LGTBI de facto partners. Additionally, the protocol for handling harassment and violence at work is another key point that companies must adopt.
The scope of these measures affects all companies with more than fifty employees, regardless of the type of contract.
The regulation aims to create an interrelationship between sectoral agreements and negotiations at the company level, as it allows sectoral agreements to establish specific regulations regarding planned measures and empowers them to define the terms and conditions under which these measures will be implemented within companies, allowing some flexibility for company agreements if desired. This presents an opportunity to personalize the implementation of the measures.
It is important to note that these measures will be included in all Collective Agreements negotiated from now on. For Collective Agreements signed before the entry into force of this Royal Decree, the negotiating committee must meet to address the negotiations, with a deadline until January 10, 2025, to constitute the negotiating committee.
If there is no applicable collective agreement, companies with legal representation of employees will negotiate the planned measures through company agreements. In companies without legal employee representation, the negotiation of these planned measures will take place with a negotiating committee made up of company representatives on one side, and the social part consisting of employee representatives, including the most representative unions and those in the sector to which the company belongs. The social part of this committee will be validly integrated by the trade unions responding to the company’s call.
If the unions do not respond to the call, the company may unilaterally proceed to determine the planned measures according to the contents outlined in the regulation. The same solution applies if no agreement is reached after three months of negotiations or if the applicable collective agreement does not include the planned measures. Companies will apply the set of measures established in the regulatory text until those that may be subsequently agreed upon through collective agreements or company agreements come into force. This emphasizes the need for both employers and unions to collaborate in designing inclusive policies to prevent the law from imposing a one-size-fits-all framework.
While this regulatory framework is a positive step, we must not forget that its true success will depend on its effective implementation in each company. It is not just about complying with the law but about deeply transforming organizational culture to ensure that all individuals, regardless of their sexual orientation or gender identity, have the same opportunities for development and professional growth. Real and effective equality must be a commitment from all, and the workplace cannot be an exception.
In conclusion, Royal Decree 1026/2024 is a powerful tool for advancing the inclusion of LGTBI individuals in the workplace, but its success relies on the willingness of companies to go beyond the mandatory. The true transformation toward equality will begin when organizations understand that diversity is not only a right but a source of enrichment and success for everyone.
