Alejandra Olcese
Updated Wednesday, February 14, 2024-01:21
Reforms Longer permits, interns, LGTBI collective... the rules that will affect companies
On February 28 of last year,
the
Government approved the
Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people,
commonly known as
the Trans Law
, which stipulated the
obligation
for all
companies to of 50 workers
to have
an
action protocol
within one year
to ensure the equality of this group. In that rule, it was not specified what this protocol had to consist of, but the Executive undertook to explain it in a subsequent regulation.
Almost a year after that moment and fifteen days after the obligation for companies to have this protocol - which applies as of March 2 - comes into force,
the Government has still not made this
regulatory development and it was this Tuesday when it first summoned the social agents to negotiate its content.
The Secretary of State for Employment,
Joaquín Pérez-Rey
, yesterday attributed the delay to
last year's
electoral advance
in statements after the meeting, but since November 16, when Pedro Sánchez was sworn in as president, three months have passed in which neither has made progress on this content.
In fact, at yesterday's meeting the second vice president
, Yolanda Díaz,
collected the proposal from the
unions
- they came with a draft regulation that they had prepared -, while
CEOE and Cepyme
promised to send their proposals in the coming days. Once the opinions of both parties have been analyzed, the Executive will once again call them to a new meeting to advance an agreement that will serve as a basis for developing the regulations, which they aspire to have "as soon as possible."
Even if the Government had come to the table this Tuesday with a draft that had received the approval of the social partners, there would not be time to approve it on time, since the approval of a regulation requires a
public consultation process,
a report from the
Council of State
and a report on the
economic impact of the measure.
This guide will explain the "measures and resources" that companies must have starting next month "to achieve real and effective equality for LGTBI people", establishing an
action protocol in case of harassment or violence
against this group and a series of "deterrent" measures to avoid it. "People have the right to come out of the closet inside and outside of companies," claimed Pérez-Rey.
Until this regulation is approved, the truth is that the imminent entry into force of this obligation is generating
concern in many companies,
especially
small
ones, since sometimes going from 49 to 50 workers entails an accumulation of bureaucratic obligations. "One of the matters that
is generating a lot of uncertainty
for companies is the obligation established by the so-called Trans Law to negotiate a planned set of measures and resources to achieve real and effective equality for LGTBI people, which includes an action protocol to attention to harassment or violence against LGTBI people. This obligation comes into force on March 2, 2024 despite
not having regulatory development today ," said
Borja González ,
Of Counsel
lawyer
at Laboral de
Gómez
a few days ago.
Acebo and Pombo
in statements to EL MUNDO.
Fines of 150,000 euros or closure of companies for 3 years
The rule includes a series of
infractions
but the sanctions that will be applied to
companies
if they do not have these plans or do not apply them have not yet been defined.
For now, the use of humiliating expressions due to their sexual orientation or identity will be considered minor; refuse to participate or not facilitate the investigative action of the Inspection; or cause damage to property of LGTBI people for this reason. These actions will be punished with a warning or fine of
200 to 2,000 euros.
It is considered serious (and is punishable by between
2,000 and 10,000 euros
) if these vexatious expressions are not removed; that less favorable treatment is given to the person because of their sexual orientation or identity. In these cases, the financial fine can be added to the suppression of subsidies received, the prohibition of accessing public aid or contracting with the Administration.
Finally, the norm classifies as
very serious:
discriminatory harassment; retaliation when a complaint has been made; the refusal to care or assist those who have suffered any type of discrimination; the call for public shows or recreational activities whose purpose is to incite conduct classified as serious or very serious; denial of access to public services such as housing; the violation of the prohibition of genital modification practices in people under twelve years of age; or secondary victimization, "understood as failure by public administrations to comply with the care obligations provided for in this law that gives rise to new psychological damage for the victim."
These actions are punishable with
fines of 10,000 to 150,000 euros
, to which, in addition to the retaliation for serious infractions, the
closure of the establishment
in which the discrimination has occurred can be added
for a maximum of three years
, if the offending person is the responsible for the establishment, and the cessation of the economic or professional activity carried out by the offending person for a maximum term of three years.
The UGT proposal
UGT proposes that, before carrying out the equality plan, a
survey of the company's work environment
be carried out to know the state of the situation. Regarding the specific measures of their draft, to which this media has had access, they propose specifying measures to maintain the employment of LGTBI people,
training and raising awareness for workers
about their rights and the use of inclusive language, among others.
The union led by
Pepe Álvarez
proposes that just for
an employer to declare that he or she has no intention of hiring a trans person
, he or she incurs
discrimination
. "The conduct of
a mere public declaration
of intentions by an employer not to hire trans people will constitute a violation of the principle of equal treatment and non-discrimination based on sexual orientation, even when this has not actually and currently translated into the effective non-hiring of any person belonging to to this group," they state in their proposal.
In addition, they are committed to creating a
Monitoring Committee
for the plan in companies that prepares a report every two years with the measures that can be improved.