Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Employment Policy Convention, 1964 (No. 122) - Spain (Ratification: 1970)

1. With reference to its observation, the Committee takes note of the communication from the Workers' Trade Union (USO), of Asturias, dated 17 July 1989, and of the comments sent by the Government, dated 2 February 1990.

2. In its communication, the USO refers to the restructuring and reindustrialisation process which is affecting all sectors, causing the loss of many jobs and, in some cases, early retirement. The so-called high technology sectors receive special treatment, and the workers affected may take early retirement. The USO complains that in other sectors, which are much larger than the above sectors in terms of manpower - particularly the small and medium-sized enterprise sector - the workers do not receive equal treatment with regard to early retirement or other social entitlements. The small and medium-sized enterprise sector is affected by total unemployment, and workers in the sector receive retirement pension only at 60 years of age.

3. In its reply, the Government refers to the need to adopt economic and labour adjustment measures in order to facilitate the restructuring and reindustrialisation process. In certain sectors, a policy for industrial, financial and labour adjustment and improvement is being implemented. In the new industrial activities and the areas affected by the adjustment process, a reindustrialisation and employment promotion policy has been implemented. The Government recognises that although the industrial reconversion process is for the general economic good of the whole community, it entails heavy costs of various sorts for the workers affected, particularly for older workers. A set of special social and employment measures has been adopted, exceptionally, to provide adequate assistance to workers affected by the adjustment process. These measures include the possibility of voluntary early retirement for workers over 55 years of age who are affected by the adjustment measures. In addition, the Government grants economic assistance for the early retirement of workers affected by restructuring in enterprises, pending their access to ordinary retirement entitlements at the age of 65. The Government stresses that the above measures have been implemented without discrimination as regards the social and employment coverage of workers affected by the industrial reconversion process and of unemployed workers in general.

4. In its 1989 direct request, the Committee asked for detailed information on the measures adopted or under consideration in order to harmonise the supply and demand of labour with the structural changes resulting from the industrial reconversion policy. With regard to the matters raised previously by the USO, the Committee trusts that in its next detailed report on the Convention, the Government will provide, as called for by the report form, a full description of the principal measures adopted to meet all demand for employment, with particular reference to measures to ensure the matching of labour supply and demand, on both an occupational and geographical basis, including measures for the adjustment of labour to structural change resulting from the reconversion and reindustrialisation process. Please report, in particular, on the employment situation in the Autonomous Community of Asturias and in the small and medium-sized enterprise sector.

5. The Committee also hopes that, in its next report, the Government will include the information asked for in the 1989 direct request, which concerned the following matters:

(a) the results achieved by the Solidarity Fund employment generation project;

(b) the measures that have been taken to collect and analyse statistical and other data concerning the effect on the generation of lasting and productive employment of the various types of contracts introduced in 1984 (the Government may wish to refer to the comments made in 1990 on the application of the Termination of Employment Convention, 1982 (No. 158));

(c) Information on the impact on employment of the entry of Spain into the European Communities, indicating whether measures concerning technological policy have been adopted (the Government may wish to consult Part IV of the Employment Policy Recommendation (Supplementary Provisions), 1984 (No. 169));

(d) Information on local employment initiative programmes and on regional employment programmes, specifying the number of workers involved, the resources allocated and the type of projects adopted, as well as the results achieved in the generation of employment;

(e) information on the results obtained (employment creation projects adopted, number of workers employed, etc.) by the policy of institutional agreements of the Ministry of Labour and Social Security to pursue a policy of full employment;

(f) information on the impact on the employment policy of the amendments to labour legislation (such as the reduction of the working week to a maximum of 40 hours);

(g) detailed information on the employment policy measures adopted and the results of the commitments entered into in the context of the Economic and Social Agreement, or other procedures for consultation with the representatives of the persons concerned, both at the national and regional levels (Article 3 of the Convention).