Last updated 2025-08-22
Quick overview
Spain has one of the most comprehensive frameworks in Europe to address gender pay equality. Since 2019, employers have been required to maintain a salary register that shows how pay is distributed across roles and genders. Companies with at least 50 employees face stricter obligations, including carrying out remuneration audits and developing Equality Plans.
The legislation aims to promote pay transparency, eliminate unjustified gaps, and ensure employees are treated fairly, with significant penalties for non-compliance.
Reporting requirements
Which companies must report?
All employers in Spain must maintain a salary register.
Companies with 50 or more employees must also:
Conduct a job evaluation
Carry out a remuneration audit
Develop and register an Equality Plan
What information needs to be reported?
Employers must collect and maintain:
Average and median salary data by gender
Salary supplements and non-salary payments
Professional classifications and job groups
Results of remuneration audits for larger employers
Detailed action plans for closing unjustified pay gaps as part of the Equality Plan
When and where to send the data?
Salary register: Must be updated annually and stored internally, ready for inspection by the Labour Inspectorate.
Equality Plans: Must be filed in the public Register of Collective Bargaining Agreements and publicly registered on the Ministry of Finance and Public Function’s portal.
Who can see the results?
Employee representatives can access the salary register.
In companies without representatives, employees may request average pay difference data (percentage difference between men and women) but cannot access individual-level data.
The Labour Inspectorate has full access for compliance checks.
Equal pay laws
The Workers’ Statute mandates equal pay for equal or equivalent work, prohibiting discrimination based on gender or any other protected characteristic.
Royal Decrees 901/2020 and 902/2020 introduced additional transparency and equality measures, requiring:
Salary registers for all employers
Remuneration audits and Equality Plans for larger companies
Job evaluation systems to assess “equal value” work objectively
Employee rights
Employees in Spain have the right to:
Receive equal pay for the same or equivalent work
Access information on pay differences via their representatives
Challenge discriminatory practices and seek remedies, including compensation
Risks of non-compliance
Penalties for breaches are among the highest in Europe:
Salary register non-compliance: Fines of up to EUR 225,018
Failure to prepare an Equality Plan: Administrative fines ranging from EUR 7,501 to EUR 225,018
Additional sanctions:
Loss of public benefits or Social Security discounts
Exclusion from public tenders under the Public Sector Contracts Law
What will change by 2026
New EU-wide rules
The EU Gender Pay Transparency Directive, which must be transposed into Spanish law by June 2026, will introduce:
Transparency rights for job applicants, including starting pay or pay bands for roles
Lower thresholds for justifying pay gaps, from the current 25% down to 5%
Mandatory public disclosure of pay gaps, including publishing data on company websites
Stronger enforcement measures and expanded rights to compensation
How Spain is likely to apply them
Given Spain’s existing comprehensive framework, the country is expected to:
Expand current salary registers and audits to include data for job applicants
Require companies to justify smaller pay differences
Introduce more stringent public disclosure obligations
Align contractual and recruitment practices with EU transparency standards
FAQ
Do small companies have to keep a salary register?
Yes. All employers, regardless of size, must maintain a salary register.
When must the Equality Plan be renewed?
Every four years, or earlier if there are significant organizational changes.
Does the law cover bonuses and other non-salary payments?
Yes. Both salary and non-salary payments must be included in the salary register and remuneration audit.
Who is responsible for compliance?
The employer. Failure to comply may also impact eligibility for public contracts and benefits.
