La Law 4/2023, of February 28, for the real and effective equality of trans people and to guarantee the rights of LGTBI people (BOE of March 1, 2023), aims to guarantee and promote the right to real and effective equality of LGTBI people in different social spheres, including work.
Thus, it is established in its art. 15.1 the obligation, within 12 months from the entry into force of the Law and for companies with more than 50 workers, to have a planned set of measures and resources to achieve real and effective equality of the LGTBI people, which includes an action protocol to address harassment or violence against LGTBI people. So, on March 2, 2024, and for companies with more than 50 workers, this obligation comes into force.
the so-called «LGBTI Plan» It is the set of measures and resources to achieve real and effective equality for LGTBI people. This plan must include an action protocol to address harassment or violence against LGTBI people.
The art. 15.1 of the Law, in fine, establishes that "The content and scope of these measures will be developed by regulation.". Thus, in order to comply with this obligation, a regulatory development was planned that would determine the minimum content of those measures that would have to be subsequently agreed upon with the Legal Representation of Workers (RLT). For the negotiation of this regulation, a social dialogue table has been opened that has not yet concluded.
Therefore, being the day on which, just a few days after its entry into force, this legal provision has not yet been regulatory developed, this represents insecurity for legal operators, as well as for companies, as obliged to implement these measures. .
Thus, two theses can be defended: one, that as of March 4, the implementation of this set of measures is now mandatory; and another, that since the Law establishes that “the content and scope of these measures will be developed by regulation,” Measures can hardly be established if the content and scope of the measures are unknown due to the lack of regulatory development.
The regulatory development, in our opinion, seems necessary to provide a certain legal certainty to the content of the measures.
The undeveloped norm is certainly ambiguous, although it is clear from it that there is content that is already required, and it is the action protocol for addressing harassment or violence of the LGTBI community.
In relation to the regime of infractions and sanctions to guarantee the basic conditions regarding equal treatment and non-discrimination, L 4/2023, in its articles 76 and following, contemplates a series of sanctions for people or companies that violate the rights of the LGTBI collective.
