Last Updated on May 8, 2023
As is common knowledge, the Gender Equality Certification (Art. 46-bis, Equal Opportunities Code) came into force on 1 January 2022 and is issued to employers who implement policies and measures aimed at reducing the gender gap in relation to growth opportunities in the workplace and ensuring equal pay for equal tasks performed, as well as policies for managing gender differences and protecting maternity.
The reference practice UNI/PdR 125:2022 (Guidelines on the management system for gender equality) governs the criteria to obtain this certification, providing a set of qualitative and quantitative performance indicators (KPIs) that companies must meet in order to obtain the certification. The KPI system also makes it possible to identify any existing gaps and measure the level of maturity of the company’s organisation with regard to gender equality.
The Gender Equality Certification is issued by specific accredited assessment bodies and gives access to an economic incentive, in the form of exemption from employer social security contributions in the amount of 1%, with a gap of 50,000 euros per year.
Following a seesaw legislation process, Legislative Decree No. 36 of 31 March 2023 (Public Contracts Code, which came into force on 1 April 2023) confirms that the gender equality certification has been included as a requisite for economic operators, wishing to bid in public tenders, to become eligible for bonus points.
Pursuant to Article 108, paragraph 7, of the Public Contracts Code, in fact, in calls for tenders, notices and invitations, contracting stations must award a higher score to operators who meet the requirements set out in the Certification of Gender Equality. At the same time, this rule would seem to allow companies to self-certify their possession of these requirements and to then declare that they have implemented the policies and measures under Article 46-bis of the Equal Opportunities Code even though they have not (yet) obtained the certification.
In addition to the above, pursuant to Article 61 of the Public Contracts Code, in “reserved” contracts, contracting stations must include as mandatory or bonus requirements of the bid the implementation — by economic operators who intend to bid in the tender — of appropriate mechanisms and tools to achieve equal generational, gender and labour inclusion opportunities for the disable or the disadvantaged (including former psychiatric patients, drug addicts or alcoholics in treatment and minors in families with difficulties).
In the first application of the Public Contracts Code, Annex II.3 lists the following among the above-mentioned mechanisms and tools:
- filing — along with the bid or tender application — of the Personnel Situation Report referred to in Article 46 of the Equal Opportunities Code;
- the absence of discriminatory acts of a sexual nature or related to maternity and/or paternity;
- the commitment of the entity intending to bid in the tender to reserve for women and young people 30% of the positions necessary for the execution of the contract or the implementation of activities related or instrumental to it.
The same annex also stipulates that contracting stations may award additional points to economic operators who:
- use or undertake to use specific tools to enhance the work-life balance of their employees;
- undertake to hire, in addition to the above-mentioned minimum percentage threshold, set as a participation requirement, disabled persons, young people and women for the execution of the contract or for the implementation of activities related or instrumental to it;
- have, in the last three years, complied with the principles of gender equality and adopted specific measures to promote generational and gender equal opportunities, including taking into account the ratio of men to women when hiring, for salary levels and the appointment of top positions.
In the coming months, a special regulation will be adopted with precise details of the measures and the mandatory and bonus requirements for the inclusion of women, young people, the disabled and the disadvantaged in the world of work and will replace the provisions of Annex II.3.
Our firm is at your disposal to provide further clarification on this matter and for any support necessary for the implementation of measures aimed at reducing the gender gap.
For further information: comunicazione@toffolettodeluca.it
