This article analyses the pay gap in Spain and its causes. With the latest data available from the Wage Structure Survey ( 2021 ), women earn on average 5 . 212 euros per year than men, with a salary gap of 18 . 36 per cent being lower salary in virtually all sections of activity.

Gender stereotypes, segregation of the labour market, lack of shared responsibility for domestic and care with other factors, such as the type of contract, part-time, seniority or wage supplements are decisive to explain the wage gap.

In short, it stresses the need for policies and structural reforms, to engage all key players, promote gender equality at all levels, give effect to the transparency in business and ensure effective compliance with labour legislation with regard to the principle of equal pay for work of equal value, with tools such as restorative registration, auditing and pay a correct appraisal of jobs with a gender perspective

Keywords: gender wage Gap, wage equality, occupational segregation and wages, work of equal value, shared responsibility.

This article analyses the wage/pay gap in Spain and its causes. With the latest available data from the Salary Structure Survey ( 2021 ), women earn on average € 5 , 212 less per year than men, with a pay gap of 18 . 36 %, with their remuneration being lower in practically all sections of activity.

Gender stereotypes, labour market segregation, lack of shared-responsibility in domestic and care tasks, and other factors such as type of contract, working hours, seniority or salary supplements are determining factors in explaining the wage gap

In summary, it highlights the need for policies and structural reforms that, involving all key actors, promote equality at all levels, make transparency effective in companies and ensure effective compliance with labour legislation in terms of the principle of equal pay for work of equal value, with tools such as the pay records, pay audits and a correct evaluation of jobs from a gender perspective

Key words: Gender pay gap, equal pay, employment and salary discrimination, work of equal value, shared-responsibility.

In Spain the wage gap between women and men remains a worrisome development. Women earn on annual count, an average of 5 . 212 euros less per year than men, work for two more months to achieve the same salary.

The Survey of pay structure 2021 reveals that, while progress has been a reduction of 5 , 57 points in the last decade, the wage gap, in annual count between women and men is still 18 , 36 %. This gap affects practically all sections of labour, women are systematically being underrepresented in higher wage levels and overrepresented in lower and precarizados.

In addition, it notes that the 25 per cent of women earn equal to or less than the Minimum Wage (SMI) while for men is 11 %. Women accounted for 70 per cent of contracts on time, with partial caring responsibilities as one of the main causes behind this difference ( 16 , 5 per cent women versus the 3 , 4 per cent of men).

Wage inequality also has a significant impact on work pensions, where the gender gap reaches a 32 , 37 %. Factors such as types of contract, the working day, the sector of activity, seniority in the company's major interruptions of work by asunción of care, and, ultimately, the lack of shared responsibility in domestic chores and care, inter alia, contribute to this gap.

To address this inequality, spanish legislation, has made significant progress, as the latest changes to reduce the temporality of the recruitment, as well as the rise in the SMI a 5 % 2024 that has experienced a progressive increase of 54 % since 2018 , with a major impact in improving wages of many women.

Spain has been a pioneer in regulating the equality plans, require an increased wage transparency, as well as mandatory reward women and men equally under the principle of equal pay for work of equal value and on progress in harmonizing conditions of leave for birth for women and men. Obligations covered by the workers' statute and the organic law of equality, operated as a result of the royal Decreto-ley 6 / 2019 , 1 march, urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, and further developed in RD 901 / 2020 , 13 october, on equality plans and their registration and in the DOMINICAN REPUBLIC 902 / 2020 , 13 october, of equal pay between women and men

These obligations, transparency and compliance, will be further enhanced through the transposition of directive (EU) 2023 / 970 of the european parliament and of the security council 10 may 2023 strengthening of the implementation of the principle of equal pay between men and women for equal work or work of equal value through restorative transparency measures and mechanisms for its implementation, and the directive (EU) 2019 / 1158 the european parliament and the council, 20 june 2019 on the compatibility of family and professional life of the parents and caregivers, and repealing Directive 2010 / 18 /EU of the council.

It should be added to this procedure in advance the importance of addressing the impact of Artificial intelligence (IA) in the workplace and in the causes of inequality that occur, including the retributive. The use of IA in employment raises, in addition, major challenges, especially in relation to gender biases in the data that nourishes and in the configuration and little transparency of the algorithms, which may cause discrimination as, for example, in recruitment, promotion or management of people. To address these challenges, it was essential to establish Ethical and legal standards for use of IA in the areas of Human resources. This includes the implementation of policies and practices that promote equality, inclusion and transparency in all aspects of decision-making based on IA.

In short, lto fight against wage inequality requires multidimensional actions that address structural factors, legal and cultural rights to achieve a real wage equality between women and men in the workplace ^{1 .}

When we talk about inequality in remuneration gap or pay gaprefers to the difference in pay between women and men, and can be measured in annual count or per hour worked. This difference may have origin in various causes, but it is important to note that not all inequality of pay discrimination entails discrimination in remuneration. There Will Be when the difference between what they receive for their work women and men is not justifiable in a different value in the realization of their career and Can only be explained on the basis of sex. In this regard a distinction should be made between direct discrimination (position of a person who, according to their sex, is treated less favourably than another comparable) andindirect discrimination ² (a situation where a provision, criterion, practical work, a rule, and corporate decision apparently neutral wage structures can produce or produce a particular disadvantage by reason of sex).

In order to understand the magnitude and scope, it is vital to analyse measurement methods used. There are two main approaches to measure the wage gap: the wage gap and the wage gap.

a)Without adjusting pay gap: this approach is the difference between the average gross remuneration for men and women without considering socio-economic factors or job. It is the indicator used by Eurostat and the national statistical institute (INE).
(b)Adjusted pay gap: this method takes into account the factors influencing the determination of wages, such as education, work experience, working hours or the type of work. It is used to identify unjustified differences in pay for equal work or for work of equal value.

Companies must provide, at both women and men equal pay for equal work or work-skill, effort and responsibility. To determine whether two assignments are of equal value, consideration must be given to multiple factors, such as the nature of the functions, education and professional, factors related to performance and working conditions in which the activity. ³

As is well known, the principle of equal pay for work of equal value linked to all companies, regardless of the number of working people, and all contracts and collective agreements(the item 4 . 1 del RD 902 / 2020 ). Despite being a principle whose normative basis is essentially the Spanish Constitution (EC) and to the workers' statute (ET), it is undeniable failure in many cases. There are many circumstances that have a direct impact on the provision of work that could cause pay discrimination, many of whom have been identified and corrected by the courts of justice, including point indirect discrimination due to an incorrect assessment of jobs.

4 . 1
⁴

4 . 2 .

Undervaluation of work of women.
⁵

4 . 4 .Negative impact of maternity.
Motherhood has a negative impact on women's careers, decreasing their employability and contributing to the criminalization of labour, while paternity increases men ⁶ . In Addition, women workers who are mothers are perceived as less committed to the non-member states, or as boys, parents or not.

4 . 5 .Lack of shared responsibility.
The lack of shared responsibility for domestic and care perpetuates inequality between women and men in the workplace. Women bear a disproportionate burden of these responsibilities, which negatively affects their participation in the labour market and their development opportunities and career development. Equally, the rights can also be the origin of pay discrimination ⁷ .

4 . 6 .Lack of job security.
that are imposed and that would later appear forms of discrimination in other moments of labour relations as wages, working hours, the promotions in the company, etc. (that would explain that industrialists discriminatory less than other sectors of activity in the investigation Colectivo ioé in 1995 for example). ⁸ .

4 . 7 .The lack of transparency in the salaries and discretion for the allocation of remuneration.
The item 3 . 1 RD. 902 / 2020 the principle of transparency in remuneration to be construed as a principle “ applied to different aspects that determine the pay of working people and its different elements, allows for adequate and meaningful information on the value attached to the remuneration ”. The remuneration, cause the most important part of the wage gap because, usually are defined according to requirements valued as traditionally male (dangerousness, darkness, accountability, productivity, availability, etc.) to hurt women.

still possible, as appropriate, detect and address the pay discrimination. This principle of wage transparency is able to achieve lower valuation of the work carried out by women, either in specific positions or sector of activity. The fight against the pay gap between women and men requires the implementation of tools and specific policies to address the problem.

The Royal Decree 902 / 2020 , develops the following instruments with the objective of contributing to compliance with the principles of transparency pay and equal pay for work of equal value:

Restorative registrationthe item: 5 . 1 provides that “ all companies ” have to comply with the obligation to have one register with restorative independently, in the number of workers and, therefore, of their size. The register aims to “ ensure transparency in shaping perceptions, faithfully, and up to date, and adequate access to information compensation corporation ”.

All businesses are forced to keep a record with the average wages, remuneration and perceptions of extra staff wages, disaggregated by sex and distributed by professional groups, professional categories or jobs equal or of equal value ⁹ .

companies that develop an equality plan must make a restorative audit to verify if your restorative system observes the principle of equality between women and men. This involves assessing audit jobs and to obtain relevant information to ensure adequate remuneration to the legal fold.

: aims to pursue an overall estimate of all the factors that concur or contest a job, taking into account its incidence and enabling the allocation of a score or numeric value at the same. The factors of values must be considered objectively and should be linked so necessary and strict with the development of labour activity.

The assessment should address each of the tasks and functions of each position of the company, give trust in respect of its results and be appropriate for the sector of activity, type of organization of the enterprise and other characteristics that these effects can be significant, with independence, in any case, the mode of employment contract with that will be filled posts ¹⁰

Overall, these instruments and tools that the institute of women and the ministry of labour and Social Economy have developed ¹¹ provide a solid framework to promote equal pay between women and men in the workplace. Facilitate the identification and correction of gender disparities in wages, promote transparency and equal pay and contribute to creating work environments more fair and inclusive.

On the occasion of the day of equal pay, celebrated on 22 february, the institute for women launched the campaign“ changing times. Gap Cero ”.In the following you can view all the activities undertaken.

For more information on the wage gap in the

Annual Survey of Wage Structure, 2021 NATIONAL STATISTICAL INSTITUTE.

Advisory service of the institute of women. Tools and resources available to the Web“ equality in the company ”

Organization Act 3 / 2007 , 22 march, on effective equality between women and men

Directive (EU) 2023 / 970 of the european parliament and of the security council 10 may 2023 strengthening of the implementation of the principle of equal pay between men and women for equal work or work of equal value through restorative transparency measures and mechanisms for enforcement.

Directive (EU) 2019 / 1158 the european parliament and the council, 20 june 2019 on the compatibility of family and professional life of the parents and caregivers, and repealing Directive 2010 / 18 /EU of the council.

Directive 2006 / 54 /Ec of the european parliament and the council, 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment between men and women in matters of employment and occupation (recast).