Cuatrecasas advises Tabacalera on incorporation of LGBTI+ equality and non-discrimination measures into collective agreement
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SubscribeCuatrecasas has advised Tabacalera on the regulation and implementation of measures to ensure equality for LGBTI+ people in the workplace. The company thus reaffirms its commitment to diversity and inclusion, integrating LGBTI+ measures into its collective bargaining agreement. The initiative responds to the new regulatory framework, positioning the company as a leader in promoting an equitable and respectful work environment.
Act 4/2023—for the real and effective equality of transgender people and for the guarantee of LGBTI rights, implemented by Royal Decree 1026/2024—establishes that, starting April 10, 2025, companies with over 50 employees must implement a set of measures to guarantee equality and non-discrimination against LGBTI people. Tabacalera, anticipating this legal obligation, carried out a negotiation process with the legal representation of the workforce, which culminated in an agreement on February 18, 2025, incorporating a new section dedicated to LGBTI+ equality. The Labor Authority has approved and favorably registered the amendment to the collective agreement, which has been published in the Official Gazette of the Autonomous Region of Madrid (BOCM No. 99, April 26, 2025).
Cuatrecasas provided expert advice throughout this process, covering everything from the design and negotiation of the measures to the final registration of the collective agreement with the Registry of Collective Agreements and Equality Plans (REGCON), providing legal certainty in a recent and complex regulatory framework.
Main measures adopted
Tabacalera has exceeded the minimum legal requirements, incorporating measures that go beyond those required by Royal Decree 1026/2024. These voluntary initiatives include the addition of a support protocol for gender transition and the consideration of LGBTI-phobia as a psychosocial risk. Moreover, and among other measures, Tabacalera has included a robust harassment prevention protocol and modified the agreement's sanctioning regime to expressly classify LGBTI-phobic behavior as a very serious offense, consolidating a safe and discrimination-free work environment.
The incorporation of these measures not only allows Tabacalera to comply with a legal requirement, in a context of uncertainty arising from the new regulations, but also reinforces its commitment to creating a diverse and inclusive work environment aligned with its ESG policies. The measures implemented also contribute to improving the work environment, attracting and retaining talent, and projecting a responsible and sustainable corporate image.
Almudena Batista, partner in the Cuatrecasas Labor and Employment Practice who led the advisory service, emphasized that, "Tabacalera reaffirms its commitment to equality and diversity, creating a work environment that promotes essential values ??for social and business progress. This proactive approach is crucial not only to comply with the law, but also as a responsible strategy to foster an inclusive and efficient environment for its entire workforce."
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