Which companies are covered
Royal Decree 1026/2024 has been in force since 10 October 2024 and develops Article 15 of Law 4/2023. Its obligation to negotiate planned measures applies to companies with more than fifty workers. For companies with fifty or fewer, this specific negotiation is voluntary, without removing general non-discrimination duties.
Workforce calculation concerns the whole company, even where it has several sites. It includes different contractual arrangements and specific rules for certain expired temporary contracts. Counting only the people present in one office on the review date is insufficient.
Negotiation and minimum content
Measures are developed through collective bargaining according to the company’s circumstances. The process differs depending on the applicable collective agreement and employee representation. A document drafted unilaterally does not automatically replace the routes established by the decree.
Content covers recruitment, job classification and promotion, training, inclusive environments, leave and benefits, and disciplinary arrangements where relevant. Training also reaches supervisors, management and human resources. The purpose is to review actual employment decisions, rather than merely publish a statement of respect on the company website.
A usable response protocol
The harassment response protocol must expressly address harassment and violence against LGBTI people. It may be integrated into a general protocol when the required measures are included. Within its defined scope, coverage extends to different working relationships and also applicants, suppliers, customers and visitors.
Channels, responsibilities, procedures and safeguards must be clear: confidentiality, prompt action, impartial hearing, protection and prohibition of retaliation. Whoever receives a report needs to know how to handle it without circulating personal information or improvising an investigation.
Follow-up without intruding on privacy
Duration and evaluation sit within the relevant collective agreement or company agreement. Measures require review when insufficient or inconsistent with legal requirements. An absence of complaints does not, by itself, demonstrate a safe working environment.
Useful checks consider actual access to reporting channels, completed training and correction of discriminatory practices. They do not require lists recording employees’ sexual orientation or identity. Prevention management should protect privacy while establishing whether the agreed measures work in everyday employment situations.
