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Extended equal opportunity reporting requirement: what are the new rules for businesses

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The amendment to the Equal Opportunity Code extended the obligation to transmit the report on the situation of male and female employees in the company.

Art.
3 of Law no.
162 of November 5, 2021 amended the Code of Equal Opportunity for Men and Women in Employment (Legislative Decree No. 198 of April 11, 2006).
With the amendments, the obligation to prepare the report on the situation of male and female staff was revised.
Let’s see what it is and who are the companies obliged to submit the report.

Staff situation report: what it is

The report on the situation of male and female employees was introduced to make gender equality within companies more impactful. The report is a snapshot of the situation of both sexes within the corporate environment.

The National Equality Committee aims to remove obstacles that prevent the achievement of gender equality.

Ensuring equal opportunities in the world of work means that there are no gender-based barriers, differences in pay to the disadvantage of women’s quotas, and a low level of women’s participation in the labor market.

Reporting parties: the changes to the Equal Opportunity Code

Art.
46 of the Equal Opportunity Code required public and private companies with more than 100 employees to prepare a report on the situation of male and female employees at least every two years.
The amendment to the Codeextended the obligation to public and private companies with more than 50 employees and required it to be prepared at a fixed biennial frequency.

Companies employing up to 50 employees can make the report on a voluntary basis in the same way as obligated companies.

The Interministerial Decree of March 29, 2022 defined how the report should be prepared.

Compilation and transmission of the report: the modalities

The report must be prepared exclusively in telematic mode; a form published on the institutional website of the Ministry of Labor and Social Policy must be filled out; and it must be sent to company trade union representatives, who will forward it to the Department of Equal Opportunity of the Presidency of the Council of Ministers and other relevant bodies.

The list of companies that have submitted the report and those that have not complied with this requirement is published in the dedicated section on the Ministry of Labor’s website.

Biennial equal opportunity report 2022: what information it contains

The 2022 Biennial Equal Opportunity Report contains information pertaining to the situation of male and female staff within the company. The identity of the worker should not be indicated; only the gender should be entered.
Specifically, the following information should be entered:

  • Number of female and male workers;
  • Number of female workers who may be pregnant;
  • Number of male and female workers hired during the year;
  • Differences between the starting wages of workers of each sex;
  • contractual framing;
  • function performed by each employee employed, considering full-time and part-time contracts, amount of total remuneration paid, incidental salary components, allowances, bonuses and any other benefits or disbursements recognized.

In addition, the company is required to include other elements in the report, such as:

  • data and selection processes at the recruitment stage, on recruitment processes, procedures used to access professional qualification and management training;
  • tools and measures made available to the worker/worker to promote work-life balance;
  • Presence of company policies that ensure an inclusive, respectful work environment;
  • Criteria adopted for career progressions.

Biennial report transmission: deadlines and penalties

Given the changes to the Equal Opportunity Code, the Interministerial Decree adopted a new reporting procedure, limiting it to the 2020-2021 biennium. The reporting deadline is set as September 30, 2022.

For subsequent two-year terms, April 30 is confirmed as the reporting deadline.

Public and private companies with more than 50 employees that are required to prepare the biennial report for the first time must provide data on the status of male and female employees with reference to Dec. 31, 2021.

The Regional Directorate of Labor invites companies that have not met the deadline for submission of the report to submit it within 60 days; failure to submit following reminder will result in administrative sanctions or, in the most serious cases, suspension for one year of any contribution benefits the company may have enjoyed.

The veracity of the report submitted by the company is verified by the National Labor Inspectorate. If the report contains false or incomplete information, a fine ranging from 1,000 to 5,000 euros is imposed.

Gender equality report: not just an obligation

Transmission of the Gender Equality Report is also a benefit for companies that are not obliged to prepare it; all companies that have submitted it have the possibility of being able to access public investments financed with NRP resources.

The report enables companies to actively participate in the change our planet needs and bring out the employer’s contribution to the realization of an equal opportunity environment.
In fact, the gender equality report fits within the context of the SDGs of the 2030 Agenda; specifically, it links to Goal 5 “Achieve gender equality and self-determination for all women and girls.”

Staff situation report: techno supports your business

The Gender Equality Report allows companies to have a clearer picture of the standards they have adopted in the area of gender equality and on what, if any, actions they need to implement in order to improve their business realities.

To Art.
46 of the Equal Opportunity Code is addedArt. 46-bis “Certification of Gender Equality.” Another important element in favor of combating gender inequality in employment.
A certification of the policies and measures adopted by employers in order to reduce the gap between men and women in relation to company growth opportunities, equal pay in the case of the same jobs, gender difference management policies and maternity protection; a voluntary certification that companies may choose to adopt, including for the benefit of participation in public calls for tenders.

The deadline for the mandatory transmission of the staff status report is near.
Rely on our team, we will support you in the process of compiling and transmitting the report; get in touch with us.

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Tecno S.r.l.

 

Registered office: Riviera di Chiaia 270
80121 – Napoli

 

Tax Code / VAT Number: 08240931215
N. R.E.A.: NA 943077
Shared Capital. € 50.000,00 i.v.

2024 © Tecno S.r.l.

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