Since March 8, 2019 (date of entry into force of the amendment made on 28.2 ET, by Royal Decree-Law 6/2019, of March 1)all companies are required to make a wage registration. However, its regulation as described below shall be enforceable from 14 April 2021 (date of entry into force of Royal Decree 902/2020 of 13 October).
What is compulsory wage registration for companies?
This remuneration register is the measure of remuneration transparency where companies are required to record or audit average wages, salary supplements and extra-assessments of the entire workforce.
herself includes management and senior officials, differentiated by gender and distributed by professional groups, professional categories or jobs equal to or of equal value, this being the one who performs the same functions, with the same factors and working conditions and requires the same professional or training requirements for their realization.
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What is the reference period for the remuneration record?
The reference period for the remuneration register shall be the calendar year,unless there are substantial changes to any of the elements that make up the register.
In the event that any anomaly or bad practice is appreciated in equal pay, the undertaking shall include in the document what measures it will take to rectify those circumstances.
Where the company has more than 50 workers and there is a difference of 25% or more, between the wages of men and women, a justification must be included in the salary register that this difference is not related to the sex of the workforce.
Who can access the wage record?
Workers may access the remuneration register through the legal representatives of the workers, having the right to know its contents.
In the absence of legal representation, the information to be provided shall be limited to the percentage differences in male-female remuneration. That should be broken down according to the nature of the remuneration and classification.
Consequences of not registering pay for companies
Article 10 of DR 902/2020 provides that the absence of paid registration may give initiation of administrative and judicial actions and/or the application of penaltiesfor discrimination.
Undertakings which distort or fail to carry out the remuneration register may be punished under the lisoS infringement and sanctions regime, depending on the gravity of the facts. For the most serious infringements, penalties of between EUR 6,251 and EUR 187,515 may be imposed.
Currently, the Labour Inspection and Social Security System has started a campaign of wage discrimination which aims to comply with the mandate of Additional Provision 16a of Law 35/2010 of September 17 on urgent measures for labour market reform, to include in the Integrated Plan of Action of the Labour and Social Security Inspection, where they apply for the Wage or Remuneration Register.
If you have any questions or need clarification about it, at AYCE Laborytax we are at your disposal in any of our offices.