At a glance
- On 10 October 2024, the regulation implementing the planned measures for equality and non-discrimination of LGBTQ+ individuals in companies comes into effect.
- This regulation outlines the negotiation procedure and the deadlines for conducting these negotiations with worker representatives.
- It also specifies minimum measures that will apply if an agreement is not reached during the negotiation process.
Companies with 50 or more employees will have three months, until 11 January 2025, to implement a planned set of measures for equality and non-discrimination of LGBTQ+ individuals. This period extends to six months for companies without legal worker representation.
During this time, negotiations must be articulated with worker representatives or the most representative unions in the sector if no legal representation exists within the company.
The minimum content of these measures will include:
- Adequate training for those involved in the selection processes, as well as clear and specific criteria, which prioritise the training or suitability of the person for the position in the selection processes.
- Objective criteria, such as qualifications and abilities, for classification, professional promotion, and advancement processes.
- Training modules on the rights of LGBTQ+ individuals in the workplace.
- Active promotion of diverse workforces.
- Equality in social leave and benefits, including rights to medical consultations or legal procedures, with special attention to transgender individuals.
- A disciplinary regime addressing behaviours that violate sexual freedom, sexual orientation, identity, or gender expression.
- An anti-harassment protocol that includes:
- an explicit and firm commitment to not tolerate discriminatory practices;
- application of the protocol to company workers, suppliers, customers, and visitors;
- principles of agility, speed, diligence, privacy protection, dignity, confidentiality, protection against reprisals, contradiction, and victim restitution; and
- a complaints procedure which can be filed by the victim or, with the victim’s express and informed consent, by another person.
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