Spain already has an established framework for pay equity through Royal Decree 902/2020 (Real Decreto 902/2020) on Equal Pay between Women and Men, which introduced mandatory Pay Registers, pay audits and job classification requirements. Although the EU Pay Transparency Directive has not yet been formally transposed into Spanish law, the Ministry of Labour has commenced the legislative process, providing employers with an opportunity to review existing processes and prepare for future requirements.
The Directive represents a move from recording pay equity internally to providing greater transparency and accountability around how pay decisions are made.
Royal Decree 902/2020 introduced several measures designed to support pay equity in the workplace.
Spain currently requires employers to maintain:
Equality Plans (Planes de Igualdad) set out measures designed to promote equal treatment and equal opportunities between women and men within an organisation.
As a result, many employers operating in Spain already have a strong foundation for meeting aspects of the EU Pay Transparency Directive, and Spain is considered to be well positioned to implement many of the Directive's requirements once transposition is complete.
EU Member States were required to transpose the EU Pay Transparency Directive into national law by 7 June 2026. At the time of writing, Spain has not yet formally transposed the Directive into national law, although the Ministry of Labour launched a public consultation on draft measures between 24 April and 8 May 2026.
Although the final requirements will depend on Spain's approach to transposition, employers should be aware of several measures included within the Directive.
The Directive requires Member States to introduce additional transparency requirements during recruitment, including:
These measures are intended to improve transparency during recruitment and help prevent existing pay inequalities from being carried forward.
Under the Directive, organisations with 50 or more employees would be required to report gender pay gap information at prescribed intervals, including relevant data to support transparency and monitoring requirements.
Where a gender pay gap of 5% or more is identified and cannot be objectively justified, employers may be required to conduct a joint pay assessment with employee representatives.
For multinational organisations, this reinforces the importance of maintaining accurate payroll and workforce data across jurisdictions.
The Directive also introduces changes to how equal pay claims are assessed.
Where a worker establishes facts suggesting possible pay discrimination, employers would need to demonstrate that pay decisions were based on objective and gender-neutral criteria.
Maintaining clear records, documented pay practices and robust job evaluation methodologies will therefore remain important considerations.
Many of Spain's existing pay equity requirements are already supported by payroll and HR data. However, the EU Pay Transparency Directive is expected to increase the level of scrutiny placed on pay-related information and employer reporting practices.
Organisations should consider whether they can readily access and analyse data relating to pay, job classifications and workforce demographics across their organisation. For multinational businesses, ensuring consistency across payroll, HR and reporting systems will be an important consideration as additional transparency requirements are introduced.
For further guidance on payroll, employment law and compliance requirements in Spain, visit ourSpain Global Insights page on the activpayroll website.
Spain's existing pay equity framework provides employers with a strong foundation for the introduction of the EU Pay Transparency Directive. Organisations should review their existing pay equity processes, payroll and HR data, and Pay Register requirements while monitoring further developments from the Ministry of Labour.
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