MADRIDAfter more than a year without a photo of a tripartite agreement in the framework of social dialogue, that is to say, between the Spanish government, the majority unions and employers, this Monday it has reappeared. The Minister of Labor, Yolanda Díaz, has announced an agreement with the social agents for the regulation that develops article 15 of the trans law and that pursues the adoption of measures to achieve a more equal and safe work environment for LGTBI people . “It’s a tripartite agreement,” Díaz confirmed in an interview at noon Sixth. Minutes later it was confirmed by the majority unions, CCOO and UGT, as well as the Spanish employers’ association CEOE.
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The truth is that the trans law already provided for the obligation to deploy certain measures within companies to guarantee the equality of the LGTBI group, but it was necessary to materialize the regulation through which the changes were a fact and unions and companies were clear how apply them After weeks of negotiation, the regulation has arrived. “It gives legal security to companies”, points out the employer.
For now, the fine print has not been revealed, but what is known is that there will be a margin of time to be able to adapt to the regulations. Specifically, companies will have three months from the publication of the regulation to open negotiations and adapt their collective agreements, as sources familiar with the document explain to ARA. If there is no legal representation of the workers, it will be the union commissions that will have to negotiate the measures.
The agreements that will be most affected will be those of companies with 50 workers or more. For these companies, the bulk of the measures will be compulsory, while in those companies with fewer workers the changes will only be voluntary. However, union sources remind the ARA that the regulation is a “minimum” and that where the weight of the unions is strong, the measures can be strengthened.
Anti-harassment protocols and training
At the outset, one of the most prominent changes will mean that companies with more than 50 employees will be required to approve measures to “guarantee the real and effective equality of trans people and to guarantee the rights of LGBTI people”. Among these measures will be the approval of protocols against harassment and violence against this group in the workplace.
In addition, these protocols will have to include training, sensitization and establishing an appropriate use of language, as well as specific training for all staff, including managers, for “equality and non-discrimination”. Companies must include specific modules that affect equal treatment and opportunities.
Regarding access to work, especially for trans people, companies will have to review the processes of human resources departments, whether in-house or outsourced, and “eliminate discriminatory biases” that may exist in each of the phases of a worker selection process. “We have a huge problem of conscious and unconscious discriminatory bias,” recalls a union source.
In terms of occupational health, LGTBI-phobia will be understood as a psychosocial risk.
The Labor Inspectorate will be in charge of monitoring compliance with the regulations. In those companies with more than 50 employees and which are obliged to adopt the measures, non-compliance with the regulation will be punishable.
2024-06-03 13:12:21
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