{"id":2458,"date":"2024-10-24T13:38:12","date_gmt":"2024-10-24T13:38:12","guid":{"rendered":"https:\/\/pre.edfabogados.com\/wordpress\/developments-in-employment-law-arising-from-royal-decree-1026-2024-of-8-october-developing-the-planned-set-of-measures-for-the-equality-and-non-discrimination-of-lgbti-people-in-businesses\/"},"modified":"2024-12-16T14:59:26","modified_gmt":"2024-12-16T14:59:26","slug":"developments-in-employment-law-arising-from-royal-decree-1026-2024-of-8-october-developing-the-planned-set-of-measures-for-the-equality-and-non-discrimination-of-lgbti-people-in-businesses","status":"publish","type":"post","link":"https:\/\/pre.edfabogados.com\/en\/developments-in-employment-law-arising-from-royal-decree-1026-2024-of-8-october-developing-the-planned-set-of-measures-for-the-equality-and-non-discrimination-of-lgbti-people-in-businesses\/","title":{"rendered":"Developments in employment law arising from Royal Decree 1026\/2024, of 8 October, developing the planned set of measures for the equality and non-discrimination of LGBTI people in businesses"},"content":{"rendered":"\n

Legal Updates – Employment Area- October 2024 <\/p>\n\n

Royal Decree 1026\/2024, of 8 October, developing a planned set of mandatory measures with the aim of ensuring the real and effective equality and non-discrimination of LGBTI people in businesses has been published.<\/p>\n\n

The main agreed measures, in the employment area, are covered below:<\/p>\n\n

I. CONTENT AND AIMS OF THE LGBTI PLAN <\/strong><\/p>\n\n

The LGTBI Plan or Protocol consists of a structured set of measures and resources dedicated to achieving real and effective equality for LGTBI people, including an action protocol to address situations of harassment or violence against members of this group. \n<\/p>\n\n

This suite of measures aims to prevent any form of discrimination against LGBTI employees and their families. As with equality plans in the business environment, preparing them must be settled through collective bargaining and agreed with employees’ representatives. \n<\/p>\n\n

In particular, Royal Decree 1026\/2024, of 8 October, which came into force on 9 October, aims to develop the regulatory obligations of businesses to implement an organised set of measures and resources designed to guarantee the effective equality of LGBTI people, as recognised in article 15.1 of Law 4\/2023, of 28 February, for the real and effective equality of trans people and the protection of the rights of LGBTI people (the \u201cTrans Law\u201d). \n<\/p>\n\n

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II. SCOPE OF APPLICATION OF ROYAL DECREE 1026\/2024<\/p>\n\n

The regulation will be applicable to businesses that have\u00a0a workforce of more than 50 employees. Regarding those businesses that have 50 or fewer employeesemployees, the implementation of these measures will be optional and subject to voluntary negotiation. \n<\/p>\n\n

The measures established in the LGTBI protocol will also cover employeesemployees who are temporarily assigned by temporary work agencies, during the time they provide their services in the user business. \n<\/p>\n\n

during the time they provide their services in the user business. \nThe protocol for action against harassment and violence against LGBTI people will apply to\u00a0all employees in the company, regardless of the type of legal relationship they have with the latter, so long as they carry out their work within the business\u2019s organisational scope. Furthermore, this protocol will also cover candidates \nduring the selection processes, temporary employees, suppliers, customers, and visitors interacting with the company. \n<\/p>\n\n

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III. EFFECTS OF THE TRANS LAW ON THE COMPANY ENVIRONMENT AND NEGOTIATING THE LGBTI PROTOCOL<\/p>\n\n

Duty to negotiate <\/span><\/strong><\/p>\n\n

These measures must be negotiated via collective bargaining, with the participation of the parties set out in article 87 of the EmployeesEmployees\u2019 Statute. Depending on the company circumstances, the process can follow different paths: \n<\/p>\n\n