As of today, April 14, 2021, all companies must have a remuneration record of their entire workforce, including senior management and senior officials. The purpose of this registry is to guarantee transparency in the configuration of perceptions, in a faithful and updated manner, and adequate access to the remuneration information of the companies, regardless of their size, through the documented preparation of averaged and disaggregated data.
The remuneration register must include the average values of salaries, salary supplements and extra-salary perceptions of the workforce, disaggregated by sex and distributed in accordance with the provisions of article 28.2 of the Workers' Statute.
For this purpose, the arithmetic mean and the median of what is actually received by each of these concepts in each professional group, professional category, level, position or any other system must be established in the remuneration register of each company, appropriately broken down by sex. applicable classification.
In turn, this information must be disaggregated according to the nature of the remuneration, including base salary, each of the supplements and each of the extra-salary perceptions, specifying in a differentiated way each perception.
When access to the registry is requested by the worker due to the lack of legal representation, the information that will be provided by the company will not be the averaged data regarding the effective amounts of the remuneration that appear in the registry, but rather The information to be provided will be limited to the percentage differences that exist in the average remuneration of men and women, which must also be disaggregated according to the nature of the remuneration and the applicable classification system.
In companies that have legal representation of workers, access to the registry will be facilitated to workers through the aforementioned representation, having the right to know its full content.
The reference time period will generally be the calendar year, without prejudice to any modifications that may be necessary in the event of substantial alteration of any of the elements that make up the registry, in such a way as to guarantee compliance with the purpose set forth in section 1.
The legal representation of the workers must be consulted, at least ten days in advance, prior to the preparation of the registry. Likewise, and with the same notice, it must be consulted when the record is modified.
As a legal obligation that is for companies, as of April 14, 2021:
- The company has the obligation to carry out the remuneration record
- Failure to do so may give rise to the corresponding sanction for breach of business obligations
Santiago Blanes Mompo
Partner of the Tomarial Labor Department