LGBTQI Protocol Mandatory in Collective Agreements: What Companies Must Do in 2026

Key data

Companies with their own collective agreement can no longer ignore the obligation to have an LGBTQI protocol. F. Faiges, SL —with plants in Toledo, Ciudad Real and Tarragona— has just registered with the General Labor Directorate the modification of its collective agreement, incorporating a new article 40 and Annex V with a complete LGBTQI Protocol. The resolution, published on July 17, 2026, is the most recent example of how Law 4/2023 and Royal Decree 1026/2024 are being implemented in sectoral and company collective agreements throughout Spain.

What does this regulation establish?

The modification of F. Faiges, SL's collective agreement introduces three specific changes:

• New article 40: Expressly regulates the LGBTQI Protocol within the agreement, giving it conventional normative status.
• Annex V — LGBTQI Protocol: Complete document that develops the principles and application mechanisms. Includes:
  • Principle of zero tolerance for discriminatory conduct or harassment based on sexual orientation, identity or gender expression.
  • Express prohibition of discriminatory conduct.
  • Specific training for the workforce.
  • Equal opportunities in access and professional development.
  • Safe and confidential reporting mechanisms.
• Update of Annex I: Reflects the progress of the equality plan and incorporates the start of negotiation of a protocol for meteorological disasters.

The scope of application of the protocol is total: it affects the entire workforce, external collaborators and extends to all company spaces and activities, not just the physical workplace.

Economic and operational impact

This modification does not generate direct contribution costs or fees, but it does imply real operational costs for any company that must adapt:

• Protocol design and implementation: Requires negotiation with worker representatives, document drafting and legal validation.
• Workforce training: The protocol requires specific training actions, with the cost of working hours and, where applicable, external trainers.
• Reporting channel: A safe and confidential mechanism must be enabled, which may require new digital tools or internal procedures.
• Update of the equality plan: Annex I of F. Faiges is also updated to reflect the progress of the equality plan, indicating that both instruments must be coordinated.

The real economic risk is not in the cost of implementation, but in non-compliance: Law 4/2023 and RD 1026/2024 enable sanctions for violations in matters of equality and non-discrimination, which can be serious according to the Law on Infractions and Sanctions in the Social Order (LISOS).

Who does it affect?

• Directly: Employees and company F. Faiges, SL at its centers in Toledo, Ciudad Real and Tarragona.
• By regulatory extension: Any Spanish company with its own collective agreement that has not yet incorporated an LGBTQI protocol in accordance with Law 4/2023 and RD 1026/2024.
• External collaborators: The F. Faiges protocol also applies to suppliers, subcontractors and any external collaborator operating in its spaces or activities.
• HR departments and labor advisories: Must review their clients' or company's agreements to detect if this pending obligation exists.

Practical example

An industrial company with three work centers in different provinces —a situation analogous to F. Faiges, SL with its plants in Toledo, Ciudad Real and Tarragona— and with its own collective agreement negotiated with its works committee, must follow exactly the same path:

1. Open a negotiation table with worker representatives to incorporate the protocol into the agreement.
2. Draft the protocol including the five elements already included in Annex V of F. Faiges: zero tolerance, prohibition of discriminatory conduct, training, equal opportunities and safe reporting channel.
3. Register the modification of the agreement with the General Labor Directorate (or the competent regional body).
4. Extend the scope of application to external collaborators operating in any of its centers or activities.

If the company operates under a sectoral agreement that already incorporates the protocol, it must verify whether that agreement has been updated in accordance with RD 1026/2024 or whether the obligation equally falls directly on it.

What should companies do now?

1. Verify if there is an obligation: Check whether the company is subject to Law 4/2023 and RD 1026/2024 and whether its collective agreement (own or sectoral) already includes the LGBTQI protocol.
2. Review the current agreement: Identify whether there is an article or annex equivalent to the new article 40 and Annex V of F. Faiges. If not, there is an obligation to negotiate it.
3. Open negotiation with worker representatives: Convene the agreement negotiating commission to incorporate the protocol through formal modification.
4. Draft the protocol with the five minimum elements: Zero tolerance, prohibition of discriminatory conduct, training, equal opportunities and safe reporting mechanism.
5. Extend the scope to external collaborators: The protocol must also apply outside the direct workforce, to suppliers and subcontractors operating in company spaces or activities.
6. Register the modification: Once negotiated, register the modification of the agreement with the competent labor body (state or regional).
7. Coordinate with the equality plan: Annex I of F. Faiges is updated simultaneously to reflect the progress of the equality plan. Both instruments must be aligned.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only 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-2026-15642