2014
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Gamesa Group
Equality Plan
(Approved by the Equality Commission
during the extraordinary session on 22 July 2014)
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INDEX
b 1. Gamesa's pledge to equal opportunities
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b 2. Main conclusions of the gender analysis
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b 3. Equality plan
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Axis 1: Culture and communication
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Axis 2: Selection
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Axis 3: Training and professional development
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Axis 4: Earnings
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Axis 5: Reconciliation and corresponsibility
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Axis 6: Harassment prevention
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Axis 7: Assistance to women victims of
gender-based violence
b 4. Tracking and assessment
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1. GAMESA'S PLEDGE TO EQUAL
OPPORTUNITIES
Gamesa ensures that all aspects impinging upon persons constituting the company are
based on adherence to human rights and corporate values: leadership, sustainability,
quality and technology. The purpose is to generate quality employment with an
international professionalism in a secure working environment.
Within this framework, respect and promotion of the diversity inherent to the nature of
a multinational company such as Gamesa and the continuous furtherance of equal
opportunities constitute the essential axes in the management of male and female
employees at Gamesa. In this regard, the Equality Plan contemplates and develops a
series of measures and actions as agreed between the company and the social
representation signing the present agreement.
Gamesa has included equal opportunities in our Corporate Social Responsibility
Principles in the following terms:
… Human Capital
Gamesa will promote the creation of human capital, particularly through
the creation of employment opportunities and training to both male and
female workers, and by avoiding any sort of discrimination, construed as
any distinction, exclusion or preference that results in rejection or
inequality regarding opportunities or in handling applications on the
basis of race, color, gender, religion, political opinions, nationality, social
extraction, illness or any other personal, physical or social condition. …
Likewise, the Code of Conduct includes:
Point 3.3. Equal Opportunities
With a view to guaranteeing equal opportunities and forestall
discrimination of any sort, Gamesa pledges:
That the selection and promotion of male and female employees at
Gamesa should be based exclusively on the principle of merit in
consideration of the specific skills required for each case and, in
particular, equal treatment between men and women.
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To the development of an appropriate personal and professional training
policy for its male and female employees, creating an environment in
which equal opportunities reach everyone and ensuring nondiscrimination on the basis of race, gender, ideology, nationality,
disability, creed or any other personal, physical or social condition, and
rejecting any manifestation of harassment or any other conduct that
generates an intimidating or offensive environment (in respect of their
personal rights).
And, regarding reconciliation, Gamesa establishes:
Point 3.6 Professional and personal reconciliation
Aware of the importance of comprehensive personal development,
Gamesa will promote family reconciliation policies with a view to
rendering the necessary balance between the professional career and
personal life of affected personnel.
Gamesa strives to translate these principles into guidelines that naturally direct both
the conduct of the people in our organization and the processes that define the work
methods in the company.
In September 2010, the company signed its first equality plan together with the legal
representatives of male and female workers. By signing the second equality plan,
Gamesa has reconfirmed its commitment to equal opportunities among men and
women. This principle entails the complete absence of discrimination, whether direct or
indirect, on the grounds of gender, sexual orientation and those arising from maternity,
the assumption of family responsibilities and civil status, and is set into motion
through the actions contemplated in this second Equality Plan.
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2. MAIN CONCLUSIONS OF THE GENDER
ANALYSIS
To attain the indicated objectives, Gamesa has conducted a gender analysis within the
scope of its work centers in Spain. This analysis concluded in February 2014 and
addressed the following sections:
a) Staff Analysis
b) Culture
c) Selection
d) Development and Promotion
e) Training
f) Earnings
g) Personal, family and professional reconciliation
h) Communication, language and image
i)
Prevention of sexual and/or gender harassment
j)
Occupational risk prevention associated with pregnancy and breastfeeding
Given the situation of the sector in recent years, to which the company has not been
immune, no significant progress has been made in the objectives or expected results in
terms of gender equality.
Based on the conducted analysis, areas to improve have been detected in the various
axes contemplated in the plan, in addition to the need to incorporate new ones.
Among such matters, particular work must be done in:
a) Analyzing and correcting the possible wage gap between men and women.
b) Promoting the incorporation of less represented gender in each group.
c) Training in the field of equality and fostering equal opportunities in continuous
training.
d) Propelling the incorporation of women into management roles.
e) Advance corresponsibility and reconciliation.
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3. EQUALITY PLAN
3.1 Scope of application
The present plan is applicable to all Gamesa companies in Spain notwithstanding the
specific measures that could be established attending to the specific characteristics of
each work center. It will thus be an applicable framework subject to local legislation in
each country for the remaining Gamesa work centers worldwide.
3.2 Axes of intervention
In coherence with the results of the analysis, Gamesa's equality plan is structured in 7
axes of intervention:
1. Culture and communication
2. Selection
3. Training and professional development
4. Earnings
5. Reconciliation and corresponsibility
6. Work harassment prevention
7. Measures for assisting women victims of gender-based violence
The following is described for each intervention axis:
a. Objectives
b. Specific actions to attain the established objectives
These objectives and actions are included in a planning, which specifies the areas of
responsibility and the commitment dates concerning the implementation period for
each action.
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AXIS 1. CULTURE AND COMMUNICATION
Objective 1.1 Foster a culture of equality by safeguarding the principle of equal
treatment and equal opportunities to men and women
Actions:
1.1.1. Maintain the Equality Commission and draw up its operating regulations.
1.1.2. Define the company indicators so that progress in equality can be measured with
regularity as agreed in the Equality Commission.
1.1.3. Review the equality plan progress in the Equality Commission on a weekly basis.
1.1.4. Present the equality plan progress to the Gamesa Executive Committee on a
yearly basis.
1.1.5. Newly hired personnel will receive specific training on Gamesa's equality principles,
equality plan and the harassment prevention protocol.
1.1.6. Work groups will be created as deemed by the Equality Commission to work on
the different equality plan axes.
Objective 1.2 Equality plan diffusion
Actions:
1.2.1. The Equality Commission will ensure compliance with the equality plan at all work
centers in Spain.
1.2.2. An email inbox will be created to help disseminate the equality plan among all
employees (male and female). The Equality Commission will ensure the appropriate
diffusion of messages through publications on bulletin boards at the work centers
where employees have no email access.
1.2.3. Social representation and Human Resources will be jointly responsible for
ensuring the appropriate deployment of the plan throughout the various work centers.
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1.2.4. Communication between the work centers and the Equality Commission will be
made preferentially through two persons designated for this purpose: one from the
existing social representation (as agreed by the labor union majority) and the other
from the HR department, with the following exceptions:
a) Should a single center have various unit representation bodies, a single person
will be designated by social representation as agreed by the labor union majority
(HR will also designate a single person). Labor union representation will designate
two persons at Sarriguren, one per center: Sarriguren I and II.
b) Centers having no unit representation will be linked, inasmuch as possible, to the
nearest center with representation (provided reasonable geographical proximity),
though the HR department will in any case remain to ensure deployment.
Specific training will be given to the persons assuming this duty.
The Equality Commission will track and facilitate the work undertaken by these
designated persons.
Objective 1.3 Awareness of equality issues
Actions:
1.3.1. All persons in charge of personnel management processes (selection, wages,
promotion and professional development) and the labor union representation will
receive specific training in equal treatment and opportunities among men and women.
Planning will be agreed in the Equality Commission and the first session must be held
in person.
1.3.2. During the validity of the equality plan, all personnel will be guaranteed to receive
the minimum training regarding equal opportunities.
1.3.3. The work procedures of business units in which women are under-represented will
be reviewed to check for barriers preventing women from accessing these positions,
establishing the necessary improvements to eliminate these barriers.
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Objective 1.4 Regular tracking of male and female employee opinions regarding
equality
Actions:
1.4.1. Include questions related to equal opportunities and reconciliation in the possible
work environment surveys that could be conducted in the future, intended for
personnel on the staff.
1.4.2. Establish an improvement plan from their results.
Objective 1.5 Reinforce the Gamesa equality culture, internally and externally
Actions:
1.5.1. Draw up a specific communications plan intended for the entire staff for equality
issues and annually communicate (unless lesser regularity is considered for some
matter) the progress of the plan through available formal channels.
1.5.2. Draw up and distribute a guide concerning the use of language and image, in
which all aspects regarding gender diversity, age, race, culture, etc., can be assured.
This guide will have a generic section and specific sections for each area of the
company. In particular, it will contemplate instructions for posting job vacancies.
1.5.3. Undertake specific communications actions that give the spotlight to women in
management positions at Gamesa through interviews for the intranet or magazine
"Gamesa Planet".
1.5.4. Inform all Gamesa stakeholders (shareholders, suppliers, partnering enterprises,
clients, etc.) of the commitments assumed regarding equality.
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Objective 1.6 Ensure the incorporation of a gender perspective in the application of
any obligation referring to occupational risk prevention
Actions:
1.6.1. Risk assessment and preventive activity planning will consider diversity and must
contemplate gender differences and the full scope of health risks (safety; chemical,
biological and physical agents; muscular-skeletal and psychosocial risks) so that
prevention policies and practices can encompass the work conditions of both men and
women.
1.6.2. The identification, assessment and prevention of occupational risks should define
the tasks and jobs (workstations) that could entail a risk for fertility/reproduction or to
women who are pregnant or undergoing their natural lactation period, and the
necessary prevention measures must be established to eliminate them or place them
under innocuous control conditions.
1.6.3. Have a company action protocol in place that establishes the steps to take after
pregnancy or natural lactation period is communicated.
1.6.4. Ensure compliance with the Occupational Risk Prevention Act (specifically article
26 of Law 31/1995 insofar as adapting job position change) so that, if the risk cannot be
eliminated or a position cannot be found without entailing a health risk to the worker
who is pregnant or in her natural lactation period, the contract will thus be suspended
with reservation of the position.
1.6.5. Disseminate the legislative changes made by the Gender Equality Act (Ley
3/2007 de 22 Marzo, para la Igualdad Efectiva de Mujeres y Hombres), which is further
developed by Royal Decree (RD 295/2009 de 6 de Marzo que la desarrolla en materia de
prestaciones de la Seguridad Social) in terms of Social Security benefits. Likewise,
disseminate the Royal Decree (RD 298/2009 de 6 Marzo) through which our legal
system incorporates the Annexes of EU Council Directive 92/85 on the introduction of
measures to encourage improvements in the safety and health at work of pregnant
workers and workers who have recently given birth or are breastfeeding.
1.6.6. Encourage the active participation of employees throughout the entire prevention
process: from identifying risks to setting preventive measures in motion and their
necessary assessment.
1.6.7. Given the specialized technical content of this field, the Equality Commission and
the Occupational Health and Safety Division will work together to ensure the
incorporation of a gender perspective regarding occupational health policies and
actions.
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AXIS 2: SELECTION
Objective 2.1 Guarantee non-discriminatory hiring and incorporation of women in
areas, groups and positions where they have less representation on the basis of the
company's selection policy and processes.
Actions:
2.1.1. Establish agreements with training centers in the various areas where Gamesa
has work centers to foster the entrance of women and men who have received the
appropriate technical training for the required positions in the company.
2.1.2. Verify and maintain Gamesa's pledge to Equality and non-discrimination in the
documents constituting the selection process.
2.1.3. When conditions are equal, the person of the lesser-represented gender in the
specific group will be hired. "Lesser-represented" or "under-represented" gender will be
construed when less than 40% in the referred group.
2.1.4. Announcements and selection criteria will contain requirements that are strictly
necessary for the job per se and not bar the presentation or selection of persons of a
given gender.
2.1.5. Analyze the selection indicators by business units to detect possible cases of
discrimination.
AXIS 3: TRAINING AND PROFESSIONAL DEVELOPMENT
Objective 3.1 Foster equal opportunities for men and women in professional
development and promotion
Actions:
3.1.1. Maintain in-house talent identification programs in place with a view to
cultivating a pool of qualified men and women with a potential for promotion to
management positions, ensuring that the percentage of women is at least equal to the
percentage of women on the Gamesa staff.
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3.1.2. Design executive skills development programs targeting the persons identified as
having potential to afford them the opportunity to acquire the skills and proficiencies
necessary to attain positions of a higher category.
3.1.3. Ensure training to all groups for their professional development.
3.1.4. Training will be given during working hours.
3.1.5. Incorporate an annual training plan of equality-specific courses.
3.1.6. Establish a system that enables the following gender-based information to be
gleaned: (number and percentage of women and men who have received training, type
of training, whether promotion is expected or not, during or outside working hours).
Objective 3.2 Guarantee that professional and personal reconciliation does not
represent a restraint for professionals seeking promotion to positions of greater
responsibility.
Actions:
3.2.1. Favor the access of personnel to training with leave, workday reduction or any
other situation in connection with personal life reconciliation.
3.2.2. Training actions should invite at least a percentage of women that is proportional
to their presence in the intended area or group plus an additional 20 %.
Objective 3.3 Foster the promotion of professional to all categories, duties and job
positions in which they are under-represented
Actions:
3.3.1. Train workers to gain access to job positions with hardly any women.
3.3.2. When conditions are equal, the person of the lesser-represented gender in the
specific area, position or group will be promoted.
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AXIS 4: EARNINGS
Objective 4.1 Guarantee the effective application of the principle of equal wages for
work of equal value and, specifically, ensure that there is no gender-based salary gap
Actions:
4.1.1. The Equality Commission will examine Gamesa's earnings policy from a gender
perspective with a view to detecting possible discriminatory elements, which will be
corrected if detected.
4.1.2. Conduct a yearly statistics analysis on the average earnings of women and men,
overall and management personnel, fixed and variable; and propose the rectification of
detected deviations.
4.1.3. Correct the gender salary differences that could be detected through other
channels.
4.1.4. Guarantee equal treatment in the application of the pay system to persons who
are engaging any of the personal, family and professional reconciliation measures.
AXIS 5: RECONCILIATION AND CORRESPONSIBILITY
Objective 5.1 Promote a culture that facilitates personal and work reconciliation in
addition to corresponsibility, ensuring that the execution of these rights, given its
particular impact on the female group, has no negative effects on the professional
environment
Actions:
5.1.1. Undertake an awareness and informative campaign targeting both male and
female employees to explain all their rights regarding reconciliation, particularly
underscoring that both men and women are entitled to these rights.
Notwithstanding a generic campaign, specific campaigns will also be carried out
separately at centers that have particular measures. In support of this task, a
document will be drawn up with the existing reconciliation measures per work center or
applicable collective agreement.
5.1.2. Establish a system that enables the compilation of data on how many male and
female employees have engaged the different existing reconciliation measures.
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5.1.3. Instruct and inform the staff on the importance of corresponsibility in family
commitments. Equal obligations regarding caring for dependent persons will be
particularly propitiated in addition to awareness-raising regarding family
responsibilities and equal task distribution.
5.1.4. Should any of the rules regulating reconciliation rights overlap, employees may
opt for the applicable rules that best facilitate their career, personal and family
reconciliation.
5.1.5. The company will send motivated communications in writing, within a term of no
later than 5 days in response to applications for permissions in regards to reconciliation.
5.1.6. With a view to fulfilling the right to reconciliation and corresponsibility, in
addition to the measures already contemplated, the parties agree to establish the
following:
1. Breastfeeding accumulation, immediately following the leave. This
hourly accumulation corresponds to fourteen (14) workdays of absence
immediately following conclusion of the maternity leave (agreed in
April 2011).
2. Unpaid permissions and absence (agreed in May 2014)
With a view to creating compatibility between family-personal life and
work, permission may be requested for absence from work with no right
to pay for the times and reasons listed below:
a) For handling processes in connection with adoptions, up to a
maximum of thirty (30) days. Employees must request this permission
with at least thirty (30) days advance notice from the date of absence,
unless it cannot be done for a substantiated and certified reason. This
permission may be fractioned during the calendar year.
b) For credible family matters, up to a maximum of five (5) days/year.
c) For hospitalization or serious illness of a spouse, partner or family
members up to the second degree of consanguinity or affinity, up to a
maximum of fifteen (15) days/year.
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3. Leave to care for family members (agreed in May 2014)
a) Leave to attend to a minor under the employee's care, whether natural
or adopted, is extended to four (4) years from the date of birth or
adoption.
During the first eighteen (18) months, the employee has the right to
reserve their job position. After this term has elapsed, the reservation will
be referred to a job position within the same professional group or
equivalent category.
b) Employees will also be entitled to a period of leave of no longer than
two (2) years, unless a longer duration has been established following
collective agreement negotiations, to attend to a family member in their
care up to the second degree of consanguinity or affinity who cannot care
for themselves for reasons of age, accident, illness or disability and have
no gainful activity.
During the first eighteen (18) months, the employee has the right to
reserve their job position. After this term has elapsed, the reservation will
be referred to a job position within the same professional group or
equivalent category.
4. Recoverable exceptional permissions (agreed in May 2014)
In the case of duly substantiated exceptional family situations,
employees with minors of less than twelve (12) years of age or family
members up to the second degree of sanguinity or affinity with a
physical, psychological or sensorial disability under their direct care may
request and reach an agreement with their direct bosses and Human
Resources to take leave of their position, though they must nevertheless
recover these absences within the calendar year.
5. Other duly substantiated exceptional situations will be examined by
Human Resources (agreed in May 2014)
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AXIS 6: HARASSMENT PREVENTION
Objective 6.1 Ensure compliance with the harassment prevention protocol
Actions:
6.1.1. Review the harassment protocol within 6 months from the signature of this
agreement, which will remain valid until a new protocol is signed.
6.1.2. Draw up a specific communications plan for all male and female employees
regarding the harassment prevention protocol.
6.1.3. Guarantee accessibility of the protocol to all employees through:
a) Information during the orientation process
b) Posting on the Intranet
c) Distribution among worker representatives
6.1.4. Publish the complaint channels enabled for this purpose.
6.1.5. Provide specialized training to members of the Equality Commission and to
persons to whom specific tasks and responsibilities will be assigned for work, sexual
and/or gender-based workplace harassment issues so that they can undertake their
duties appropriately.
AXIS 7: MEASURES FOR ASSISTING WOMEN VICTIMS
OF GENDER-BASED VIOLENCE
Gamesa guarantees that employees who are victims of gender violence have the rights
provided for in the Workers Statute, rooted on entry into force of Organic Law 1/2004
of 28 December 2004 on Comprehensive Protective Measures against Gender-based
Violence:
a) Right to a workday reduction, which entails a reduction in salary of an equal
proportion. A special agreement can be reached with Social Security to keep the
same contribution bases so as not to adversely affect future benefits regarding
retirement, permanent disability or death arising from a common disease or nonwork related accident.
b) Right to rescheduling of working hours.
c) Preferential right to changing the work center with reservation to the post held
initially during the first 6 months.
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d) Right to the suspension of the employment relationship with reservation to the
job post during 6 months, which the judge may extend for periods of three months
up to a maximum of eighteen months. With entitlement to unemployment
benefits if the general requirements are met.
e) Right to terminate the work contract with entitlement to unemployment
benefits if the general requirements are met.
f) This termination is void if done when the gender violence victim exercises the
rights cited above.
g) Absenteeism will not be considered if they were caused by the physical or
psychological condition of the employee as a consequence of gender violence. This
must be accredited by primary care social services or health services.
In addition to legal provisions, Gamesa will set the following measures in motion:
a) Facilitate employment continuity to staff personnel who are victims of gender
violence.
b) Possibility of seeking special leave from 3 months to 3 years with job position
reservation of during 18 month.
c) Preference to occupy vacancies generated outside the regular area of residence
with no need to continue the conventionally expected coverage procedure.
d) The exits that Gamesa personnel take during the workday to attend court, police
stations and assistance services will be considered by the company as paid leave
permissions.
e) Employees who are victims of gender violence and have the need to abandon
their position at their current workplace to transfer to another Gamesa work center
will be entitled to receive economic assistance for transfer and rental fees for up to
six (6) months. This assistance will be limited to € 500 monthly.
Gamesa will provide training to the human resources teams and members of the
Equality Commission so that they can advise possible victims insofar as where to seek
specialized medical or psychological help according to the social resources available in
each area. They will also have information regarding the possible points for care or
filing complaints.
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4. TRACKING AND ASSESSMENT
This plan will be valid from its signing date until 31 December 2017. In the absence of
agreement regarding a new plan on expiration of this plan's validity, the content herein
will extend until a new agreement has been signed.
During this period, the planned interventions will be tracked insofar as their
implementation, and a yearly report will be drawn up detailing the progress plan, which
the Equality Commission will analyze.
Gamesa will designate a person to be responsible for Diversity and Equality in the
company, whose duties will be determined in the operating regulations of the Equality
Commission.
The duties and capacities of the Equality Commission will be governed by the operating
regulations of the Equality Commission.
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