PLAN DE IGUALDAD

ACTYON TUNNEL, SL

(NIF): B32363434)

DATE: 24/02/2023

INTRODUCTION

Article 14 of the Constitution proclaims the right to equality and non-discrimination, and Organic Law 3/2007, of March 22, for the effective equality of women and men, in its Title IV deals with the right to work in equal opportunities, incorporating measures to guarantee equality between women and men in access to employment, in professional training and promotion, and in working conditions. In addition to the general duty of companies to respect the principle of equality in the workplace, the duty to negotiate equality plans in companies with more than fifty workers is specifically contemplated. A duty whose regulatory development is contained in Royal Decree 901/2020, of October 13.

Following each and every one of the criteria established in the regulations currently in force, this Equality Plan is the result of the firm commitment of our company to work for a more just and equal society between women and men, in the workplace, which favors its advancement and development, and in which the fundamental rights and freedoms of all the people who comprise it are respected.

The process of preparing the Equality Plan has been based on the cooperative work of the Negotiating Commission, and on prior negotiation with the different interlocutors of the organization. The commitment of the management, the will of the company and the legal representation of the workers and all members of the workforce to advance along this line has been fundamental to its achievement.

Previously carrying out the Equality Diagnosis has allowed us to analyze the situation of the company from a gender perspective, after which some conclusions have been reached and a series of action measures necessary to advance equality of treatment and equality have been established. opportunities for men and women in our organization.

This Plan has been conceived in a transversal way and is the result of the greatest possible consensus; It is an ambitious plan that aims to eliminate any form of discrimination, promote the reconciliation of work, family and personal life and co-responsibility between men and women in care tasks, gradually integrate the gender perspective into all care processes. organization and management, as well as the prevention of sexual and gender-based harassment and, ultimately, improve the conditions in which daily life takes place within the workplace.

1. Organization context

Organization data

The Equality Plan must collect the identifying data of the organization, the data of the Plan that is being negotiated (validity, planning, assigned resources, etc.), the Organization's Commitment to Equality, the data referring to the Negotiating Commission , Communication of the Plan to workers, and everything that affects the monitoring and evaluation of the Plan.

Company Ownership

Private

Organization size

From 50 to 100 workers

Name

ACTYON TUNNEL, SL

NIF

B32363434

Sector of activity where the organization operates (CNAE 4 digits)

4311 – Demolition.

Codes of application conventions

State collective agreement in the construction sector; agreement code 99005585011900

Provincial collective labor agreement for the construction of Ourense; agreement code 32000155011981

Provincial collective agreement for the construction of Zaragoza; agreement code 500003355011982

Provincial collective agreement of Toledo for the iron and steel industries: agreement code 45000305011981.

Provincial Collective Agreement for the Iron and Steel Industries of Ourense, agreement code 32000305011981.

Place of carrying out business activities

The company has four work centers:

• Two in A Rúa, province of Ourense, autonomous community of Galicia, with a total of 15 workers. One of them is dedicated to construction and work, the other works as an office and administrative support.
• A center in Zaragoza, province of Zaragoza, autonomous community of Aragón, with 40 workers
• A center in Toledo, province of Toledo, autonomous community of Castilla-La Mancha, with 8 workers

Social purpose of the organization

Construction of tunnels and rental of machinery.

Equality Plan data

Determination of the objective and subjective scope of the equality plan, planning, expected duration, assigned resources and their link to the collective agreements in force in the organization.

Implementation obligation

Staff with more than 50 people (art. 45.2 Equality Law)

Negotiation

The plan has been agreed upon with the entire representation of working people.

Territorial scope

The scope is national, applying in all the provinces in which the company's work centers are located:

1. Ourense Province, autonomous community of Galicia 
2. Province of Zaragoza, autonomous community of Aragon
3. Province of Toledo and autonomous community of Castilla-La Mancha

Functional scope

Company

Extension

The present plan of equality to include the whole of the working people of the company, as well as to the workers provided by temporary work agencies during periods of provision of services.

Planning and resources for the equality plan

It has been taken as the reference period for the analysis, the year 2021, from 1 January to 31 December.

For the preparation of this Plan has been told with material and human resources as:

1. An external consultant
2. The staff of the department of Administration and Human Resources of the company
3. The tools of the Ministry of Labour for the production of the Record, and Audit compensation and the Valuation of Positions
4. Other tools that have allowed the collection of information, both from a qualitative point of view as well as quantitative. 

The schedule of meetings in order to develop and negotiate the Plan was established prior to the end of the meeting, picking you up in writing in the minutes. It has been given sufficient time between one and another, and with margin in the delivery of documentation for a better analysis of the same.

For the process of implementation of the action plan will be provided with the following resources:

1. An external consultant
2. The Human Resources staff of the company
3. The Follow-up Commission
4. The tools of the Ministry of Labour for the production of the Record, and Audit compensation and the Valuation of Positions
5. Other tools to perform the collection of information, both from a qualitative point of view as well as quantitative. 
6. Reports on the status of implementation of each measure.
7. Reports and annual statistics

TERM OF THE PLAN

From

24-02-2023

Until

24-02-2027

VALIDITY OF THE AUDIT REMUNERATION

From

24-02-2023

Until

24-02-2027

Negotiating Committee

The team of professionals and representatives who have been entrusted with the diagnosis of the organization and the development of the gender equality plan is the following:

Date of establishment of the special Negotiating body

07-03-2022

Representation of working people

Have been negotiated:

The trade union commission.

Composition of the representation of the working people

Composition of the business representation

Functions associated to the commission

• Ensure that the company complies with the principle of equality of treatment and opportunities between women and men.
• Inform the staff of the company on the commitment to develop a Plan of Equality.
• Raise the awareness of the template on the importance of incorporating the Equality of Opportunities in the company policy, and the need to actively participate in the implementation of the gender Equality Plan.
• Provide information and documentation of the organization itself to the elaboration of a diagnosis.
• Actively participate in the realization of the diagnosis, and once finished proceed to the approval of the same.
• Perform, review and discuss the proposals of measures and positive actions that are proposed for negotiation.
• Negotiate and approve the Plan of Equality that it will be launched.
• Promote the dissemination of the Plan of Equality within the company, and to promote their implementation.
• To perform the monitoring and evaluation of the gender Equality Plan

Other principals involved in the plan

Have you subscribed to the plan by all participants in the negotiation?

IF

Do you have training and/or experience in the field of equality between women and men in the workplace the members of the negotiating committee?

IF

Do the members of the negotiating committee have received training in the field of equality between men and women in the workplace, on the part of the company, prior to the completion of the diagnosis and to the negotiation of an equality plan?

IF

The negotiating committee has counted with the support and advice of external specialized in the field of equality between women and men in the workplace?

IF

What?

External consultancy.

During the negotiation process of the plan has gone to the joint commission of the convention or organs of a stand-alone solution of conflict in the workplace to resolve the existing discrepancies?

NO

2. Diagnosis

A diagnosis is a prerequisite for the realization of the Plan of equality, in accordance with article 46 of THE 3/2007 of 22 march for the effective equality of women and men and with the article 7 of the RD 901/2020, 13 October, regulating the equality plans and your registration.

This diagnostic report has been prepared by the commission's negotiating plan of equality, meeting the specific criteria outlined in the annex RD 901/2020, 13 October.

For the preparation of the same, people who have integrated the negotiating committee have had access to all the information and documentation necessary.

The objectives that we pursued during the making of this diagnosis are several:

• Get detailed information of the characteristics of the organization and the composition of the template that is shaped, as well as the practices of human resources management that is carried out in the same, and the views and needs of women workers and workers on the equality of opportunities between women and men.
• To identify the existence of possible inequalities, imbalances, or discrimination, which hinder the progress in achieving equality of opportunity within the company.
• To promote changes in the management to optimize the human resources and general functioning under the prism of equality of opportunities between women and men.
• Serve as a basis for the realization of a gender Equality Plan.

The information in this report is the result of the analysis of the following areas:

1. Selection and recruitment process.
2. Professional classification.
3. Training.
4. Professional promotion.
5. Working conditions.
6. Exercise steward of the rights of the personal life, family and work.
7. Compensation committee.
8. Prevention of sexual harassment and gender -.

The under-representation of female is discussed tangentially in all areas of our diagnosis.

In short, the realization of the diagnosis has provided us with a better knowledge of internal and means one more step in the commitment to the equality of opportunities in the organization. In addition, it allows us to prepare for future changes, to give response to the needs of the personnel and modernization of the company and is the necessary starting point for the integration of equality and the making of new Equality Plan.

Methodology

We describe here the methodology used for the realization of this diagnosis: the data analyzed, the date of collection of information and realization of the diagnosis, as well as a reference to the natural or legal persons that have participated in its elaboration as required by paragraph 1. 3 of the Annex to the RD 901/2020.

Process and methodology used

It has hired an external consulting firm.

We have used different tools for data collection, both from a qualitative point of view as well as quantitative, complete with a number of interviews with the persons responsible for the management of Human Resources.

Data analyzed

1. Selection and recruitment process
2. Professional classification.
3. Training.
4. Professional promotion.
5. Working conditions, including the audit of salaries between men and women.
6. Exercise steward of the rights of the personal life, family and work.
7. Under-representation of women.
8. Compensation committee.
9. Prevention of sexual harassment and gender -.

Reference period analyzed

The year 2021, from 1 January to 31 December.

Date of approval of the diagnosis

21-11-2022

Structure

Organization CHART

Conclusions and objectives

Conclusions the diagnosis

We are faced with a template highly masculinizada: of the 119 people, 104 were men, 87%, compared to 15 women, 13%.

The company has two major areas of work: work and office. As you can see in the following graph, in the area of work brings together the greater part of the template, 87% of the total. 

The under-representation of female is much more pronounced in the area of Work and in the greater part of the posts that comprise it. As an exception, we find the area of administration, with 75% of women compared with 25% of men. This area is formed by the following positions:

Therefore, it gives a strong segregation horizontal: of the total workforce is female, 80% hold administrative positions or office, and 96% of the men are in the position of the area of work.

In regards to the contract modality, highlights the high seasonality, with 89% of the contracts are contingent or for work or a particular service. There are 8 women are affected by this type of contract, the 53% of the workforce is female, and 98 men, 94% of the employees are male. Response to open-ended contracts, there are only 13, seven of them are women, that is, 47% of the total of the workers. 

By analyzing the type of day, 97% of workers are full-time, 87% of the working women and 98% of the workers. The people who perform the work part-time are two women (cleaning staff, and an administrative assistant) and two men (responsible for transport and the economist tax). 

As a result of this temporality there is little permanence in the company: the 90% of the workforce has an antiquity of between one and two years: 9 women, 60% of the workforce is female, and 94% of the male, 98 men. This fact is accentuated in the jobs of work, as they are the profiles that need to cover when there are new projects. However, the 40% of women have an antiquity of 5 years or more, whereas in men, this percentage is reduced to 3%. 

With all this it is concluded that those who are most affected by the seasonality and the “instability” are men, while it is appreciated that the workers have a higher stability, both for the contract type as of permanence in the organization.

Not observed internal barriers that could hinder the access to employment, but rather external: the segregation of the labour market causes the construction sector is a sector with a larger share of men, being highly masculinized. The company recognizes the difficulty of capturing and attracting female talent to positions of execution of work, and say they have never received any nomination of a woman for this type of occupations. 

In regards to the training, there is a balance between the sexes in the participation and are not observed barriers that could hinder the access of women to training actions. 

In the matter of promotion, during the reference period has not made the ascent of any working person. However, in the collective agreements will collect the minimum criteria and objectives that should follow: seniority, experience in the post and the good performance of functions.

Analyzing the conditions of work, beyond what is stated in terms of contract type, and type of day, it is observed that the entire workforce is affected by the same hours of work: hours party from Monday to Friday. There is no person in the organization who works shifts. By the nature of its activity, the greater part of the template functions for face-to-face in the workplace, except in the part of administration and the office where it can telework. 

Have not made substantial changes in working conditions during the period of time analyzed (the last three years). While it is true that two workers have been displaced to the execution of deeds abroad: an engineer and a coordinator of work. In particular, the engineer was hired at the end of the year 2021 for that particular project.

Of all the staff, only 43 people have children, 37 were men and 6 were women, Analyzing this data by gender, we extracted the following data:

• Of the total of women that make up the template, 40% have children
• While that, of all the men this percentage represents a 36%.  

During the reference period analyzed has not carried out any reduction of the working day or the exercise of other rights of reconciliation. Only one man has applied for a permit for the birth of a child. Therefore, it cannot be concluded that the workers make an exclusive use of the rights of conciliation or much less than your enjoyment suppose an impediment to the development or promotion of the workers and of workers. 

To highlight that the company, beyond what was contained in their agreements, wherever possible, for reasons of technical and organizational, tries to give flexibility, although there is nothing written. For example, include the following measures:

• Intensive day during the summer months
• Flexibility time of thirty minutes at the entrance and at the exit 
• At 3 years of stay two more days of vacation

In regard to the compensation committee, the gender pay gap between women and men is 38%, on the average, matched, and 48% in the medium-sized matching.

In conclusion, analyzed the remuneration system of the company is possible that there are criteria or discriminatory elements in the payment of the remuneration committee. All the data provided and analyzed, it is determined that the difference pointed to obey:

1. The type of job and the circumstances associated with the same, as the add-ons for quantity and quality. 
2. The expertise of the executed projects throughout the year, involving the recruitment of technical and qualified and are highly demanded in the market. 
3. Occupational segregation, which implies that women are concentrated in administrative positions, more available, and less paid. However, the men in positions of execution of work, they pose the grosso of their activity and where it rests all the weight productivity of the company. Are job-specific, best valued, and therefore better paid.

In the matter of sexual harassment and gender, at present, the company has a Protocol of sexual harassment and gender-as required by the regulations in force. In addition, we are planning training activities and awareness-raising to the template.

 3. Objectives and measures

In accordance with the results of the Diagnosis has been carried out as a preliminary step, below, the objectives and measures that conform to this gender Equality Plan that has been prepared in accordance with chapter III of title IV of the Organic Law 3/2007 of 22 march for the effective equality of women and men, and the RD 901/2020, 13 October, regulating the Equality Plans and your registration.

Monitoring and evaluation of the gender equality plan

Monitoring and evaluation

Article 46 of the Law on Organic 03/2007 for the effective Equality between women and men, states that the Equality Plans will set out the specific objectives of equality to be achieved, the strategies and practices to adopt to achieve them, as well as the establishment of effective systems of monitoring and evaluation of the objectives set.

Therefore, to perform a periodic assessment of the different measures, there will be a mid-term review and final of the flags set for each measure, with the object of assessing the impact of each one of them.

The outcome of these reviews will be at least one report of findings intermediate and the other end, on the part of the responsible equality will be presenting to agree with the Commission's Monitoring and Evaluation plan of Equality.

During the term of the plan and the completion of the term of this plan, and after the completion of the various measures, it shall draw up a report of intermediate and end general conclusions which will assess the effectiveness of the measures, as well as the impact of the same in the company.

The follow-up phase and the evaluation referred to in the Plan of Equality will allow us to know the development of the Plan and the results obtained in the different areas of activity during and after its development and implementation.

The follow-up phase will be performed regularly as scheduled and provide information about possible needs and/or difficulties encountered in the execution. This knowledge will enable your coverage and correction, giving the Plan the flexibility necessary for your success towards the achievement of the objectives established in the plan.

Joint commission monitoring and evaluation of the gender equality plan

Approved the Plan of equality, it is the Joint Commission's Monitoring and Evaluation Plan, the Commission of Follow-up, which will be in charge of ensuring compliance with the objectives of the Plan, carrying out the agreed-upon measures, deadlines and resources needed, as well as with decision-makers, indicators and timeline for evaluation.

The Commission will be in charge of the monitoring, evaluation and control of the implementation of the measures referred to in this Plan.

• • 1. Functions of the commission on monitoring and evaluation

Among others, the Monitoring Committee shall have the following functions:

• A review of the measures of the plan of equality and their implementation deadlines of a periodic basis as specified in the schedule of proceedings of the equality plan.
• Review at any time throughout the term of the plan.
• Add, refocus, improve, amend, enhance, attenuate, or even let you apply any measure that contains a function of the effects that will be felt in relation to the achievement of its objectives.
• Annually prepare a report to the monitoring of the measures of the gender Equality Plan, which will reflect the degree of achievement of the established objectives and the application of each of the measures.
• Analyze, at least annually, the indicators set out in the equality plan.
• Promote corrective measures for the better fulfilment of the objectives in view of the effectiveness of the concrete measures taken.
• Review the deadlines for implementation of the actions, and positive actions to take, by means of the timelines and indicators that allow assessing the effectiveness of these measures.
• Make a mid-term evaluation and final, with the elaboration of the corresponding evaluation report.
• Interpretation of the Equality Plan
• To promote the principle of equality and non-discrimination.
• Agree with the address of the company, the establishment and implementation of measures of conciliation and co-responsibility
• Analyze periodically, promotions and changes to internal jobs.
• Learn about the allegations that have taken place on issues of sexual harassment and gender in any of its forms, as well as to promote the establishment of measures to avoid any type of harassment situation, such as the development and dissemination of codes of good practices, information campaigns or training actions.
• Identify priority areas of action.
• Promote training activities and awareness-raising on gender equality of treatment and opportunities.
• To study and analyze the assessment of the situation of women in the organization, and the measures put in place and, if necessary, to introduce corrective to attain the end sought within the time limit set.
• Active participation in the development of procedures and materials related to the gender Equality Plan.
• Perform the dissemination of the gender Equality Plan and their progress to the set of the template.

Review of the gender equality plan

In parallel with the execution and monitoring of the measures shall also review with the aim of adding, refocus, improve, amend, enhance, attenuate, or even let you apply any of them, if apreciase that their execution is not producing the expected effects in connection with the proposed objectives.

This review will be conducted within the time limits provided for in the plan itself or in the regulations governing the commission, and functions of the monitoring committee of the same, and, in any case, when under the following circumstances:

• When you show your lack of suitability to the legal and regulatory requirements or their failure as a result of the performance of the Inspection of Labour and Social Security.
• When the merger, absorption, transmission or modification of the legal form of the company.
• To any incident that you modify substantially the template, their working methods, organization or compensation systems, including the inaplicaciones convention and substantial modifications of the conditions of work or the situations discussed in the diagnosis of equality that has served as the basis for its development.
• When a judicial resolution to condemn the company for direct or indirect discrimination by reason of sex or when determined by the lack of adequacy of the plan equal to the legal or regulatory requirements.

The review will result in the update of the diagnosis, when circumstances duly motivated necessary, as well as of the measures in the plan of equality, to the extent necessary.