Unilateral equality plan in the face of trade union silence
Commentary on Supreme Court Ruling 545/2024, of 11 April
DOI:
https://doi.org/10.51302/rtss.2024.22473Keywords:
equality plan, unilateral implementation, Royal Decree 901/2020, absence of valid interlocution, labor authority, refusal to registerAbstract
The ruling referred to in this commentary is the first to address, following the amendment of Organic Law 3/2007, of 22 March, for the effective equality of women and men, by Royal Decree-Law 6/2009, of 1 March, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, and the entry into force of Royal Decree 901/2020, of 13 October, which regulates equality plans and their registration and amends Royal Decree 713/2010, of May 28, on the registration and deposit of collective bargaining agreements, the validity of a company-level Equality Plan prepared unilaterally by the company given the difficulty of having a valid interlocution for its negotiation.
The plaintiff company challenges an act subject to Administrative Law issued by the labour authority in the exercise of its powers in labour matters of those provided for in article 2 n) of the Law Regulating the Social Jurisdiction.
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