Spain Bolsters Gender Pay Transparency via EU Directive

Spain’s Ministry of Labour and Social Economy has launched a public consultation on a draft Royal Decree aimed at fully transposing the EU’s Gender Pay Transparency Directive into national law. The initiative seeks to reinforce equal pay rights and tighten employer obligations to eliminate pay discrimination in the workplace.

Expanding Equal Pay Rights in Spain

Spain currently maintains a legal framework where the Workers’ Statute prohibits direct and indirect sex discrimination. Since 2020, many companies have been required to implement equality plans, pay registers, and pay audits.

Under existing rules, firms with 50 or more employees are mandated to maintain a pay register. These companies must provide justification if gender pay gaps exceed 25%.

Addressing Gaps in the Gender Pay Transparency Directive

The Ministry has acknowledged that current national regulations do not fully meet the standards set by the EU Directive. The proposed Royal Decree intends to bridge these gaps by introducing stricter duties for employers.

New obligations will specifically target transparency during the recruitment process, access to both individual and aggregate pay information, and the systematic reporting of gender pay gaps. The decree also seeks to establish clearer consequences for non-compliance.

According to the public consultation document, the government intends to restrict information asymmetries that have historically disadvantaged victims of discrimination. This includes imposing stricter rules on job advertising, career progression, and pay-setting policies.

This consultation serves as the first step in the implementation process. While the deadline for transposition is 7 June 2026, it remains uncertain if the process will be finalized within this timeframe.