New rules for companies by the Trans Law: LGTBI protocol and change of the Equality Plan

• Work will ask to prove the condition of LGTBI to have priority as a vulnerable group in the SEPE

• New China in the shoes of SMEs: fines of up to one million euros for the new mandatory reporting channel

The new Law 4/2023, known as

and in force since Thursday, March 2, imposes

, such as the need to have a

to avoid discrimination against workers who be lesbian, gay, trans, bisexual and intersex (LGTBI) and their families, which must be

This protocol must be agreed and operational within one year and must include all the measures and resources offered by the company to guarantee equality for the LGTBI collective, as well as the measures that the company would put into practice to prevent, detect and act in the event of a case. of

This group will also

when it comes to benefiting from the active employment policies of the Public State Employment Service (SEPE), as this newspaper has already reported.

In addition to this specific protocol, companies must modify their

.

"In the elaboration of the equality and non-discrimination plans,

, with special attention to trans women," says

, which implies that all those companies that have already agreed and registered their Equality Plan must reopen its dialog table to modify it.

The equality plans, which are mandatory for all companies with more than 50 employees, continue to suffer a significant

, since the law that regulated them stipulated that in companies that did not have legal representation of the workers,

commission of employees , but it was necessary to have the

in the sector.

However, the UGT and CCOO did not have enough personnel to attend to all the negotiations, which is why a bottleneck was generated last year that has not yet been solved.

To this problem of collapse will now be added the task of

to include the LGTBI collective.

In order to make companies aware of the measures and what scope they should have,

Another novelty included in the law is that "any decision that affects a person with an altered sexual identity must have a clear objective justification," explains Cuatrecasas, "under penalty of risk of being declared invalid due to discrimination."

In fact, it specifies that

against workers because of their

", very broad and unclear concepts for the lawyers consulted by this means.

Labor team

recalls that the regulation "establishes a

in matters of equal treatment and non-discrimination based on sexual orientation and identity, gender expression or sexual characteristics, which are classified as minor, serious and very serious depending on the nature of the breached obligation.

can reach up to

."

In addition, with regard to childbirth permits, a new paragraph is included in article 48.4 of the Workers' Statute specifying that "the term

also includes

OTHER MEASURES

In addition to the Trans Law, the reform of the Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy, known as the

, also includes important legislative developments for companies.

For example, the right to a special situation of

(IT) is recognized: for women with

-the subsidy will be paid by Social Security-;

to pregnant women

of gestation and, in the case of voluntary or involuntary

, while the worker receives health care from the Public Health Service and is unable to work.

In these last two cases, the company will pay the full salary on the day the leave is requested and, from the following day, the affected party will receive a Social Security subsidy.

The

has also brought important innovations for companies such as the

to SEPE

;

reinforces the role of the

in collective agreements -as agreed by the Ministry of Labor with Bildu-, and stipulates for the Public Administrations the

(SMI), which will be the minimum amount exempt from being repossessed

According to the criteria of The Trust Project

Know more

• trans law

• Social Security

• SEPE

• UGT

• CCOO