Labour Law

Labor equality inspections 2026: what the Labor Inspectorate will review in your company

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Equipo Editorial CambiosLegales
13 Aug 2026 7 min 129 views

Key data

RegulationResolution of August 5, 2026, from the Under-Secretariat, publishing the Agreement between the Women's Institute, O.A., and the State Body for Labor Inspection and Social Security, O.A.
PublicationAugust 13, 2026
Entry into forceAugust 13, 2026
Affected partiesCompanies with obligation to have an equality plan, especially in feminized sectors
CategoryLabor Legislation
Regulatory frameworkStrategic Plan for Labor Inspection 2025-2027 and European Directive on Wage Transparency 2023/970
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Companies with an obligation to have an equality plan face a new challenge: the Labor Inspectorate no longer acts alone. As of August 13, 2026, the Women's Institute and the State Body for Labor Inspection and Social Security (ITSS) formally collaborate to intensify monitoring of compliance with effective equality regulations. This is not a minor procedural change: it is a clear signal that equality inspections will increase in frequency and intensity.

The legal basis is twofold. On one hand, the Strategic Plan for Labor Inspection 2025-2027, which already marked equality as a priority area for action. On the other, the European Directive on Wage Transparency (2023/970), which requires Member States to coordinate their labor inspections with equality bodies. This agreement is, precisely, the mechanism that Spain uses to comply with that European mandate.

What does this regulation establish?

The agreement formalizes collaboration between two bodies that until now acted independently. The practical result is greater coordination in inspection activities on the following matters:

Matter inspectedWhat is reviewed
Equality planExistence, registration, validity and content of the mandatory plan
Salary recordExistence of the record and breakdown by sex, category and professional group
Wage gapSalary audit and corrective measures if unjustified gap exists
Sexual harassment protocolExistence, dissemination and application of the protocol in the company

The agreement also establishes that special attention will be paid to highly feminized sectors with greater precarity, especially those where there is no collective agreement or union representation. These sectors will be the priority focus of joint actions.

Economic and operational impact

The most direct impact is the increase in inspection risk. Until now, equality inspections were relatively infrequent. With this agreement, the Women's Institute provides analytical capacity and detection of non-compliance, while the Labor Inspectorate provides sanctioning authority. The combination of both bodies multiplies the effectiveness of actions.

The economic consequences of detected non-compliance can be of two types:

  • Significant economic sanctions for violations in equality matters, classified in the Law on Violations and Sanctions in the Social Order (LISOS).
  • Immediate correction requirements, which oblige the company to remedy the non-compliance within a specified period under threat of further sanction.

Beyond direct sanctions, an inspection with a negative result can lead to exclusion from access to public contracts and subsidies, an indirect cost that in many companies far exceeds the amount of the fine.

Operationally, companies that do not have their equality documents updated will need to invest time and resources in developing or reviewing them: situation diagnosis, negotiation with legal worker representation, registration in REGCON and salary audit, where applicable.

Who does it affect?

  • Companies with 50 or more employees: legally obligated to have an equality plan registered in REGCON.
  • Companies of any size when required by their applicable collective agreement.
  • Companies in highly feminized sectors: cleaning, hospitality, retail, personal care, textiles, early childhood education and social services, among others. These will be the priority focus of actions.
  • Companies without union representation: especially monitored, as the absence of representation is associated with greater precarity and lower regulatory compliance.
  • Companies without their own collective agreement: also in the spotlight of the agreement.

Practical example

A cleaning services company with 60 female workers (highly feminized sector, without its own collective agreement) receives a visit from the Labor Inspectorate as part of the joint actions provided for in this agreement. The inspector requests the equality plan, salary record and sexual harassment protocol.

If the company does not have the equality plan registered in REGCON, or if the salary record does not include the breakdown by sex and professional category, or if the sexual harassment protocol is not formally approved and disseminated, each of these violations can result in a serious or very serious violation according to LISOS, with the corresponding economic sanction and a requirement for immediate correction.

This type of company—feminized, without union representation, in a precarious sector—is exactly the profile to which the agreement dedicates priority attention.

Do you need to track this and other regulations?

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What should companies do now?

  1. Verify if you are obligated to have an equality plan: if your company has 50 or more employees, or your collective agreement requires it, the obligation is immediate and inspection can occur at any time.
  2. Check that the equality plan is registered in REGCON: having it drafted but not registered is equivalent to not having it for Labor Inspectorate purposes.
  3. Review the salary record: it must be updated, broken down by sex, professional category and professional group. If there is an unjustified wage gap, document the corrective measures.
  4. Verify the existence and dissemination of the sexual harassment protocol: having it in a drawer is not enough; it must be approved, communicated to all staff and have a clear action procedure.
  5. Pay special attention if you operate in a feminized sector: cleaning, hospitality, retail, personal care, textiles or social services are the priority sectors for joint actions.
  6. Consult with a specialized labor advisor if you have doubts about your company's compliance status, before the Inspectorate detects it.

Frequently asked questions

What companies are required to have an equality plan in 2026?

Companies with 50 or more employees are legally required to have an equality plan registered in REGCON. Smaller companies may also be required if their applicable collective agreement establishes it. This agreement between the Women's Institute and the Labor Inspectorate increases the likelihood that non-compliance will be detected through inspection.

What matters will the Labor Inspectorate review in equality inspections?

Joint actions will focus on four matters: existence and registration of the equality plan, salary record with breakdown by sex and category, audit of the wage gap and existence and application of the sexual harassment protocol. Highly feminized sectors without union representation will be the priority focus.

What happens if the Inspectorate detects that I don't have an equality plan or salary record?

Violations detected can result in significant economic sanctions classified in LISOS and immediate correction requirements. Additionally, non-compliance can result in exclusion from access to public contracts and subsidies, an indirect cost that in many companies exceeds the amount of the direct fine.

Why are equality inspections being intensified now?

This agreement is framed within two simultaneous mandates: the Strategic Plan for Labor Inspection 2025-2027, which marks equality as a priority area, and the European Directive on Wage Transparency (2023/970), which requires Member States to coordinate their labor inspections with equality bodies. The agreement published on August 13, 2026 is the mechanism that Spain uses to comply with that European mandate.

Which sectors are at highest risk of being inspected?

The agreement establishes that special attention will be paid to highly feminized sectors with greater precarity, especially those where there is no collective agreement or union representation. Among the sectors at highest risk are cleaning, hospitality, retail, personal care, textiles, early childhood education and social services.

Official source

Consult complete regulation in official source

Notice: This article is purely informational in nature and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17696



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Equipo Editorial CambiosLegales

El equipo editorial de CambiosLegales analiza diariamente los cambios normativos que afectan a empresas y autónomos en España, ofreciendo análisis pro...

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