Real Decree 850 / 2015, Of 28 Of September, By Which Is Modifies The Real Decree 1615 / 2009, Of 26 Of October, By Which Is Regulates The Granting And Use Of The Distinctive "equality In The Company".

Original Language Title: Real Decreto 850/2015, de 28 de septiembre, por el que se modifica el Real Decreto 1615/2009, de 26 de octubre, por el que se regula la concesión y utilización del distintivo "Igualdad en la Empresa".

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10984

Organic law 3/2007, of 22 March, for the effective equality of women and men, set out in its article 50, the creation of a business distinctive equality to recognize those companies that they stand out for the implementation of policies of equality of treatment and opportunities with its male and female workers. The Royal Decree 1615 / 2009, of 26 October, which regulates the granting and use of the distinctive 'Equal in the company', established its name, procedure and conditions of authorisation, the effects and powers derived from collection as well as the procedures of control and removal of the distinction.

With the approval of this real Decree is modify some provisions for, on the one hand adapt certain requirements of participation in them calls to it legislation existing and, by another, adjust them criteria of evaluation for the obtaining of this distinction to incorporate or strengthen certain aspects for boost it equality effective of women and men that not had been incorporated to the standard regulatory.

The experience accumulated in the different annual calls for the procedure of concession of the distinctive 'Equal in the company' should also reform some aspects of the procedure, to introduce a regime of monitoring, control and renewal to the distinguished organizations more agile and effective.

Regarding the General requirements to present the candidacy to the distinctive or extend its term, these are reinforced by requiring that entities not have been sanctioned, in line with provisions of the own organic law 3/2007 of 22 March for the effective equality of women and men, infringements of equality and non-discrimination in access to goods and services; ((on the other hand is suited the limit temporary in which them entities not may present its candidacy by have been sanctioned by infractions serious in matter of equality of opportunities and not discrimination to the period maximum of exclusion of benefits planned for them sanctions accessory in them articles 46.1. b) and 46 bis.1.b) of the text consolidated of it law on infractions and sanctions in the order Social approved by Real Decree legislative 5 / 2000 , 4 August.

At the same time it is appropriate to require new requirements such as the accreditation of the incorporation of monitoring and evaluation systems in plans of the companies presenting their candidacy, or the presence of women in the organs of administration of those companies referred to in article 75 of the organic law 3/2007, of 22 March (, and in line with the forecasts contained in the new article 540, paragraph 4.c) 6 of the text consolidated of the law of societies of Capital, approved by the Real Decree legislative 1 / 2010, of 2 of July, introduced by the law 31 / 2014, of 3 of December, by which is modifies the law of societies of Capital for it improves of the Government corporate.

Respect to them criteria of valuation, is modifies the article 10 of the Real Decree 1615 / 2009, of 26 of October, by the manifestation of new needs that of way unavoidable should have is in has for the concession of the distinctive. Thus new aspects, included in the valuation of the certifications, which are guaranteed from this Department, credited through external audits compliance with and the implementation in companies of some of the aspects contained in the Royal Decree as necessary to achieve excellence.

On the other hand, it is convenient to streamline and clarify management procedures, fall within this framework the rules on the composition and appointment of the Evaluation Commission and the modification of deadlines for the submission of reports tracking annual and triennial of request for extension of, and own period of the distinctive, making them agree on the same dates , with the exception of the first year, with independence of when has been posted its award in the «Bulletin official of the State».

Finally, for the purpose of attending the special characteristics of small and medium-sized enterprises, defined and defines the dimension of enterprises through its referral to the regulation of the European Union, in particular to recommendation 2003/361/EC of 6 May 2003, the Commission on the definition of micro, small and medium-sized enterprises.

In the processing of this Royal Decree have been consulted the autonomous communities, the most representative trade unions and business organizations, as well as the Council of women's participation.

By virtue, on the proposal of the Minister of health, social services and equality and Minister of employment and Social Security, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of September 25, 2015, HAVE: single article. Modification of the Real Decree 1615 / 2009, of 26 October, which regulates the granting and use of the distinctive 'Equal in the company'.

The Royal Decree 1615 / 2009, of 26 October, by regulating the granting and use of the distinctive 'Equal in the company' is amended as follows: one. Amending article 4, which is worded as follows: «article 4. General requirements of candidate entities to obtain the distinctive "Equality in business".

1.cualquier entity or company, public or private, which exercises its activity in Spanish territory, may apply to the Ministry of health, social services and equality for the award of the business marking.

For this purpose the terms entity or company should be understood as foreseen in article 1(2) of the revised text of the workers ' Statute Act adopted by Royal Legislative Decree 1/1995 of 24 March.

They are excluded from the possibility of submitting candidacy public administrations, understanding as such those listed in article 3.2 of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.

(2. them entities candidates must meet them following requirements: to) be registered in the corresponding regime of the Security Social and, when appropriate, find is formally constituted and registered in the register public that corresponds.

(b) find is to the current in the fulfillment of the obligations in matter tax and of Security Social.

(c) not have been sanctioned with character firm in them two or three years previous to the date of completion of the term of presentation of candidacies, by violations serious or very serious respectively, in matter of equality of opportunities and not discrimination, in accordance with it willing in the text consolidated of the law on infractions and sanctions of the order Social , approved by Royal Decree legislative 5 / 2000, of 4 of August.

(d) not having been sanctioned with character firm in them two or three years previous to the date of completion of the term of presentation of candidacies, by violations serious or very serious respectively, in matter of equality and not discrimination in the access to them goods and services.

(e) have an explicit commitment in the field of equal opportunities between women and men in the conditions of work, organization and internal functioning of the company, and social responsibility. This commitment must be accredited in writing and have been made public.

(f) have implemented a plan of equality, in those cases in which the company is obliged to its implementation by legal or conventional. In other cases, having implemented a plan of equality or equality policies.

(g) have made statements and reports for monitoring and evaluation of measures or the plan of equality in enterprises that have this. The assessment must have been made since at least one year has elapsed since the implementation of measures or the adoption of the equality plan.

(3. them societies that not can formulate has of losses and gains abbreviated of conformity with it willing by the article 258 of the text consolidated of the law of societies of Capital, approved by the Real Decree legislative 1 / 2010, of 2 of July, and that count with Council of administration, must meet any of them following requirements: to) prove a presence of women , in its Council of administration, equal or top to the percentage half of women in such organs collected in them three last reports annual of Government corporate of them entities stations of values admitted to negotiation in markets official that, in his case, publishes and updates the Commission national of the market of values for the joint of these entities.

«(b) have signed an agreement with the Ministry of health, services social e equality within them programs that this carry to out, to the object of those increase of way voluntary the presence of women in its Council of administration, in accordance with their features specific.»

Two. It modifies the article 6, that is drafted as follows: «article 6.» Documentation.

1. them nominations in addition to the documentation accrediting of them ends cited in the article 4, must go accompanied of the following documentation:


(a) text or full texts that record the equality plan or policies of equality in the enterprise, as well as the diagnosis of the situation in the field of equal opportunities of women and men who formed the basis for the realization of the plan of equality, as well as all documentation supplementing and.

((b) the balance or report on them measures or plans of equality implanted in the company according to the article 4.2. g). In those entities with the legal or conventional obligation have approved an equality plan will address issues relating to conditions of work, the organizational model and the social responsibility of the company or the dissemination and advertising of products and services offered by the same.

(c) any other documentation that contributes to the best knowledge of the plan of equality or the political of equality in the company candidate.

(d) in the cases in which the company or entity has requested or obtained a similar distinctive from any other public administrations, it will also bring copy of an application or of the resolution stating the grant of such distinctive.

2. additional documentation: on an optional basis, a report from the staff representatives of the company on the plan of equality or equality policies supporting the candidature. If the company does not have the staff representative bodies, their own workers can sign the report.»

3. Is modify them paragraphs 1 and 3 of the article 7, that are written as continues: «1. in the Ministry of health, services social e equality is shall constitute a Commission evaluation for it award of the distinctive "equality in it company" (, with the following composition: to) Presidency: it person holder of the address of the Institute of it woman and for the equality of opportunities.»

(b) members: three people who occupy posts with organic level of Subdirectorate-general or Deputy branch aimed at the women's Institute and for the equality of opportunities, appointed by the Chair of the assessment Committee.

(c) secretariat: A person with organic level at least counselor or adviser at the Institute for women and for equality of opportunities, appointed by the President of the Evaluation Commission.

3 the Commission assessment may request other Government reports as he deems appropriate concerning candidates for the distinctive enterprises, for the better development of its evaluation function.»

Four. Amending article 9 being drafted in the following way: «article 9. The distinctive delivery.

The Ministry of health, social services and equality will proceed to the delivery of the certificate of the distinctive "Equality in business" in public ceremony convened for that purpose and which shall provide itself with the solemnity and appropriate dissemination.»

5. The following changes are introduced in article 10: 1. Amending paragraph 2 being worded as follows: «2. aspects relating to access to employment and working conditions. "

(to) the disaggregation by sex of them data relating to the joint of the personal that integrates the company, by age, type of bonding with the company, levels, groups professional or positions of work and its evolution in them last years.

(b) the disaggregation by sex of them data relating to the remuneration of the personal that integrates it company, by age, type of bonding with the company, levels, groups professional or posts of work and its evolution in them last years.

(c) the application of criteria of access to the employment and of promotion professional appropriate to the principle of equality and non discrimination.

(d) the application of systems and criteria of classification professional and of retribution that comply with them parameters of advertising, objectivity and transparency and promote the principle of equality and not discrimination.

(e) the establishment of measures of organization of the time of work (day and schedules, shifts, holiday, between others) that facilitate the conciliation of it life labor, personal and family or the establishment of others measures with the same purpose, between them, them relating to them improvements and benefits social, to the work to distance or to it mobility geographical, in the measure that contribute to ones higher levels of conciliation.

(f) the establishment of measures of awareness and disclosure that facilitate the conciliation of the life labour, personal and family both of them men as of them women and that aware to them men on the stewardship, avoiding that the maternity is a disadvantage professional for them women.

(g) it put underway of an offer training that allow correct the shortcomings of training of them women in posts of work in that is are underrepresented, especially those of greater responsibility, diversification, creativity and remuneration.

(h) the implementation of specific measures to prevent sexual harassment and harassment on grounds of sex at work: codes of conduct, protocols to channel complaints or claims that you can make in terms of harassment, as well as awareness and training of women and workers and their representatives.

(i) the establishment of policies of prevention of labour risks advanced and innovative, especially in regard to maternity, paternity and breastfeeding.

(j) the presence of women and the adoption of measures in the companies to boost their presence on the Board of Directors, other colleges and elsewhere in different positions of decision and its evolution in recent years.

(k) the presence of women and the adoption of measures in the companies to boost their presence, among others, in jobs of high-technological, scientific and technical, and its evolution in recent years.

(l) the analysis with gender of decisions to adopt procedures and labour relations at the company, to ensure that they do not have negative effects on equal opportunities of women and men.

(m) the effective dissemination and guarantee of the rights and powers relating to the plan of equality or equality policies and, in particular, to the mechanisms of protection against discrimination.»

2 Add a new paragraph h) paragraph 3, which is drawn up as follows, passing the current paragraph h) renamed i): «h) subscription of voluntary agreements or codes of ethics promoted by the General Administration of the State that have as an object to increase the presence of women in positions of high responsibility of companies, as well as the positive results obtained as a result of your subscription. '

3 introduce two new sections, which are written in the following terms: "4. the companies that attend the calls for the distinctive"Equality in business"award who have obtained certifications or awards of quality in the implementation of a model of management in the field of conciliation of work, personal and family life, issued by non-profit institutions» «(, que sean auditados por tercera parte independiente y que colabore con el Ministerio de Sanidad, Servicios Sociales e Igualdad, obtendrán en la valoración de los párrafos e) and f) of article 10(2), a score in these aspects directly proportional to graduation or category granted by the certification authority.»

«5. for it rating of them entities by its size is will attend to your dimension in accordance with them criteria established in it recommendation 2003 / 361 / CE of the Commission, of 6 of mayo of 2003, on it definition of micro, small and medium companies (daily official L 124 of 20-05-2003), being qualified of "large companies" those that not meet them criteria established in it cited recommendation.»

6. (He paragraph to) of the article 11.1, is writes in them following terms: «(to) the delivery to the company in Act public from the Ministry of health, services social e equality of a certificate of the award of the distinctive business in matter of equality.»

7. The second paragraph of the article 13 is drafted as follows: «he term for deliver them reports annual and triennial will end the last day business of the month of March of each exercise.» Entities that have to submit the first annual report, shall comply with such period since at least one year has elapsed since the publication of its grant in the official bulletin of the State.»

8. Amending article 15 as follows: «article 15. Entry into force.

The granting of the distinctive "Equality in business" will have an initial term of three years, meaning that the first annuity will occur the last business day of the month of March following at least one year have elapsed since the publication of its grant in the "official bulletin of the State".»

9. Amending the third subparagraph of article 16 which is drawn up in the following way: «each extension will have a duration of three years and shall be subject to the same requirements and obligations for the granting, by preventing the breach of any of the ends set forth in article 4 that extends the validity of the distinction, regardless that the interested entity may arise in future editions if you meet those without prejudice to the application of the time limits provided for in article 18.3.»

10. An additional provision with the following wording shall be added:


«Sole additional provision. Definition of the terms entity and company.

«Them terms entity and company employees in this Royal Decree must be understood in all case of conformity with it planned in the first paragraph of the article 4.1.»

Sole additional provision. No increase in public spending.

The provisions of this Royal Decree does not imply increased public spending.

First transitional provision. Regime transition of those procedures.

To them procedures already initiated before the entry in force of the present Royal Decree not les will be of application the same, governed is by it normative previous.

Second transitional provision. Transitional regime for the distinctive effect.

The requirements of article 4.3 to obtain the badge will be not required for the renewal of its entry into force to those institutions which are in possession of the distinctive 'Equal in the company' at the date of the entry into force of this Royal Decree.

Sole final provision. Entry in force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on September 28, 2015.

PHILIP R.

The Vice President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON