Unequal pay, promotion or conditions because of who you are

Key rules

• Void clauses: Any contract clause, collective agreement clause or employer decision that discriminates on a protected ground is void.
• Burden of proof: Once you show indications of discrimination, the employer must prove its decision was objective and proportionate.
• Pay claims: Claims for unequal pay generally expire one year after the date you could first claim.
• Dismissal after complaining: You have 20 working days from the dismissal to claim, after a conciliation attempt that pauses the clock.
• Pay register: You can see group averages through your representatives, but not colleagues' individual pay.

The short answer

Unequal pay, promotion or working conditions on a protected ground is illegal in Spain. Any contract clause, collective agreement clause or employer decision that discriminates is void. You can go to court, and you can get your money back plus compensation.

What counts as discrimination

The law bans unequal treatment based on sex and many other grounds. Equal pay applies to work of equal value, not only identical jobs. No part of your pay, including salary and extras, may differ because of sex.

Discrimination can be direct, or indirect. Indirect means a neutral-looking rule that mostly disadvantages one group. Check your contract and your collective agreement for clauses that treat people differently. A discriminatory clause in a collective agreement is void, even though the agreement is otherwise valid.

Use pay transparency first

Your employer must keep a registro retributivo. It shows average pay and medians for women and men, split by job group, category or post of equal value, including salary and extras.

• If you have workers' representatives, ask them to request the register for you.
• If you have none, ask your employer directly.
• You will see group averages, not your colleagues' individual pay.

An EU directive on pay transparency was due to become national law by 7 June 2026. It would add an individual right to request pay information and pay ranges in job ads. Ask a union or your labour authority whether Spain's law is in force before you rely on it.

Your legal routes

You can bring a claim at the Juzgado de lo Social, the labour court, using a fast procedure for fundamental rights. The public prosecutor takes part.

Once you show indications of discrimination, the other side must prove its decision was objective and proportionate. So gather payslips, promotion decisions and anything else that shows the difference.

If the court finds discrimination, it can:

• declare the act void and order it to stop;
• restore your situation, for example a promotion or back pay of the wage difference;
• award compensation, including for moral damage, without you proving the exact loss.

You can also complain to the Inspección de Trabajo, the labour inspectorate. It can sanction the employer. Retaliation for complaining is also protected.

Time limits

Claims for unequal pay generally expire one year after the date you could first claim. If the unequal pay is still going on, you can claim arrears for the year before your claim.

Other claims about conditions, such as promotion, generally face the same one-year limit. Claims about a specific act or a dismissal are tighter. If you are dismissed after complaining about discrimination, you have 20 working days from the dismissal to claim, after a conciliation attempt that pauses the clock.

Limits depend on the type of claim, so talk to a union or labour lawyer early. The timeline, documents and checklist below set out the steps.

Timeline and deadlines

• Claim other discriminatory conditions, such as promotion or working terms: generally within one year, the usual limit for these claims

• Attempt conciliation before a dismissal claim: before you file; it pauses the clock

• File a dismissal claim that alleges discrimination, or a fundamental-rights claim about a specific act: within 20 working days of the dismissal or act

Documents you need

• Pay register (registro retributivo): your employer must keep it, showing average pay and medians for women and men by job group, category or equal-value post, including salary and extra-salary elements. Ask for it through your workers' representatives, or directly from your employer if you have none. You will see group averages, not colleagues' individual pay.

Checklist

• Ask your workers' representatives to request the pay register, or ask your employer directly if you have no representatives.

• Compare the average pay for your job group, category or equal-value post between women and men, including salary and extra-salary elements.

• Check your contract and your collective agreement for clauses that treat people differently on a protected ground, since such clauses are void.

• Gather payslips, promotion decisions and any other papers that show the difference in pay, promotion or conditions.

• Choose your route: a claim at the Juzgado de lo Social (the labour court) through the fundamental-rights procedure, a complaint to the Inspección de Trabajo (the labour inspectorate), or both.

Frequently asked questions

Can I see my colleagues' individual pay?

No, you normally see only average pay for each group of jobs, not what a named colleague earns. The pay register shows averages and medians for women and men by job group, category or equal-value post.

Is a discriminatory clause in my collective agreement still valid?

No, a clause that creates direct or indirect discrimination on a protected ground is void and has no effect. Unions, workers' representatives, employers' associations or the labour authority can challenge it in the labour courts. In your own case, the court can set the clause aside.

Can I get compensation as well as back pay if a court finds discrimination?

Yes, the court can order back pay of the wage differences and also compensation for damages, including moral damage. Where a fundamental right is violated, it can set the compensation without you proving the exact loss. It can also order the discrimination to stop and your previous situation to be restored, for example a promotion.

When can I ask my employer for my own pay information under the EU pay transparency directive?

You can do so once Spain's law applying the directive is in force, because the individual right to request pay information and pay ranges in job ads depends on that national law. The directive had to be applied by 7 June 2026. Until then, the pay register is the tool you can use.