Pay equality and salary transparency: RD 902/2020 and employer obligations Spain 2026
RD 902/2020 of 13 October regulates pay equality between women and men. It requires companies to maintain a pay register, conduct a pay audit (if a mandatory equality plan applies) and implement a job evaluation system. We analyse obligations and LISOS penalties.
What is RD 902/2020 and who does it apply to?
Royal Decree 902/2020 of 13 October on pay equality between women and men develops Art. 28 of the Workers' Statute and the Organic Law 3/2007 on effective equality. It entered into force on 14 April 2021.
All companies must maintain an annual pay register. Companies with ≥50 workers need a mandatory equality plan. Companies with mandatory equality plans must include a pay audit in the plan.
Pay register (Art. 5 RD 902/2020)
All companies must maintain a pay register for all staff, including directors and senior managers, showing average values of wages, salary supplements and non-wage payments, disaggregated by sex and classified by job, professional group and category. Updated annually, retained for 4 years.
If the register shows a mean pay gap of more than 25% between men and women in any professional group, the company must justify it on objective grounds unrelated to sex.
Sanctions (LISOS)
Pay discrimination by sex: very serious infringement (Art. 8.12 LISOS) ( €6,251 to €187,515 per affected worker. Failure to maintain pay register: serious infringement ) €750 to €7,500.
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