The purpose of the pay register is to end inequality and promote a fairer labour market in which men and women have equal opportunities.
Royal Decree-Law 6/2019 of March 1, on urgent measures to guarantee equal treatment and opportunities between men and women in employment and occupation, modified article 28.2 of the Workers' Statute to include the obligation to register wages.
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Regulation of the salary register
Article 28.2 regulates the following basic aspects:
The company must pay the same remuneration for work of equal value , without discrimination based on sex.
The employer must keep a record of the average values of the salaries , salary supplements and extra-salary benefits of its staff, broken down by sex and distributed by professional groups, professional categories or equal or equal value jobs.
Workers have the right to access the wage register through their legal representatives. If there are no workers' representatives, they may access the register directly. However, they will only be able to see the differences reflected in percentages between the average wages of men and women.
If in a company with at least fifty employees, the average remuneration of workers of one sex is 25% or more higher than that of the other, the employer must include in the remuneration record a justification to explain that this difference is not due to reasons related to sex.
Therefore, all companies will be required to keep a salary record with the content specified by law.
The obligation to keep a salary record affects all companies based in Spain, regardless of the sector in which they operate or their size.
What content should it have?
As can be deduced from the content of article 28.2 of the Workers' Statute, which we have seen previously, the salary register must have the following content:
Average salary values.
Average values of salary supplements (overtime, bonuses for on-call or night work, for example).
Average values of extra-salary benefits (per diem or mileage, among others).
All these values must be reflected by sex and distributed according to professional groups or categories or jobs that are equal or have the same value. A job is considered to have the same value as another when:
the same tasks are carried out,
the training or professional conditions for its exercise are equivalent
and the working conditions are also equal.
