Is your company up to date with Royal Decree 1026/2024, known as the LGBTQ+ Plan?

• Mandatory for companies with more than 50 employees in Spain.
  
• This decree positions Spain as an international leader in attracting diverse talent and sets a model for other countries at the forefront of diversity and LGBTQ+ rights.

Law 4/2023 of February 28, or the Law for the Real and Effective Equality of Trans People and the Guarantee of the Rights of LGBTQ+ People establishes through Royal Decree 1026/2024 a series of measures to ensure the inclusion and equal opportunities of LGBTQ+ individuals, as well as to prevent discrimination based on sexual orientation, gender identity, sexual characteristics, and gender expression.

Is Your Company Ready to Comply with the New Legislation?

As of December 8, 2024, companies with more than 50 employees must implement an LGBTQ+ Plan.

This plan must include measures addressing employment access, equal treatment, career advancement, training to create inclusive workplaces, and a protocol for addressing harassment against LGBTQ+ individuals (while this protocol was already mandatory prior to Royal Decree 1026/2024, it is now formally incorporated into the LGBTQ+ Plan and must include a disciplinary framework).

Key Measures Required

The planned measures must include at least the following:

• Diversity training for staff, with a strong focus on inclusive language.

• Actions to prevent discrimination against LGBTQ+ individuals during recruitment processes.

• Training to eliminate discriminatory biases when evaluating and promoting LGBTQ+ employees.

• Adaptation and inclusion of leave policies and other social benefits that consider family diversity.

• Equal treatment and non-discrimination clauses across all areas of the company.

• A disciplinary code with sanctions for any actions that undermine diversity based on sexual orientation, gender identity, sexual characteristics, or gender expression.

Failure to comply with any aspect of the LGBTQ+ protocol can result in fines ranging from €200 (minor offenses) to €150,000 (very serious offenses). Additionally, serious violations may lead to further penalties such as the denial or withdrawal of subsidies, prohibition from receiving public funding, business closure, or even the suspension of professional activities.

Implementation Process

To develop this plan, companies must negotiate the measures within the applicable Collective Agreement for their sector. If a company has its own Collective Agreement, it will be responsible for negotiating these measures internally. The negotiation process will follow Article 87 of the Workers’ Statute.

Alternatively, a company can reach an agreement with employee representatives (especially in cases where no Collective Agreement applies). For companies with multiple work centers, negotiations will be conducted with the Intercenter Committee, provided it has the authority to do so. If the company lacks employee representatives, it must engage with major trade unions.

Companies that implemented an LGBTQ+ Protocol before Royal Decree 1026/2024 are considered to have fulfilled their obligation.

Deadlines

• For companies required to negotiate measures through Collective Agreements or company agreements: The deadline was January 10, 2025 (three months after the decree’s enactment).

• For companies without an applicable Collective Agreement and no employee representation: The deadline is April 10, 2025 (six months after the decree’s enactment).

• For companies with less than 50 employees: They will have three months from the moment they reach 50 employees to comply.

If Your Company Operates in Spain, myGwork Can Help

myGwork has been accelerating LGBTQ+ workplace inclusion globally for over 10 years. Our experience shows that implementing Diversity & Inclusion policies not only improves talent retention but also boosts employee productivity. Moreover, these policies help companies better adapt to the market while driving positive social change.

How Can We Help?

myGwork is offering services to companies operating in Spain that need to comply with the new legislation.

To develop an LGBTQ+ Plan, myGwork conducts a company assessment, identifying areas for improvement and providing a roadmap. We then focus on creating a harassment prevention protocol for LGBTQ+ individuals, including:

• Defining harassment indicators
• Establishing a proper reporting channel
• Outlining response procedures and disciplinary measures
• Developing prevention strategies, a code of ethics, and a code of conduct

Additionally, myGwork offers LGBTQ+ diversity training through eight annual training sessions and e-learning programs, as well as specific training for recruitment teams to prevent bias in hiring and promotions.

We also provide resources and materials to support the implementation of inclusive internal processes for LGBTQ+ individuals.

Beyond Compliance: Creating an Inclusive Work Culture

Simply drafting an LGBTQ+ Plan is not enough to foster an inclusive work environment. Annual initiatives are essential for creating a diverse workplace that retains talent and boosts productivity.

That’s why myGwork helps companies implement a long-term strategy for LGBTQ+ equality, including:

• Establishing LGBTQ+ Employee Resource Groups (ERGs) in collaboration with HR
• Organizing a year-round calendar of events and campaigns linked to diversity awareness days
• Promoting visibility through internal and external communication strategies to attract diverse talent

A key initiative is WorkPride, the largest global workplace Pride event, attended by over 17,000 participants worldwide.

In addition, myGwork provides an official compliance report and recognizes organizations that actively promote inclusive hiring practices by awarding them the "LGBTQ+ Inclusive Employer" certificate at the Welcome Talent! event.

Is Your Company Ready for the Change?

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