Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

The Committee notes the information supplied by the Government in its report. It also notes the comments submitted by the General Union of Workers (UGT), which the Government transmitted with its report without comments of its own.

1. With reference to its previous observation, the Committee also notes the detailed information supplied by the Government concerning the position of women in the labour market. It notes, in particular, the statistics on the development of the active population by sex and age group for the period 1985-89, in which a steep increase can be observed (23.6 per cent) in the number of active women and the activity rate of women. The Government adds that the spectacular increase in the number of active women explains the decrease in unemployment among women. The Committee requests the Government to continue supplying information on all progress achieved as regards the situation of women in the labour market.

2. The Committee nevertheless notes the concern once again expressed by the UGT at the persistence of discrimination against women. The UGT quotes the example of enterprises which pay women lower wages than those of men in the same occupational category, which only employ women in lower categories, reject applications for jobs from women, or which dismiss women workers when they become pregnant or when they denounce the sexual harassment of which they are the victims. The Committee notes that, in one of the cases quoted by the UGT, the labour inspectorate intervened. It requests the Government to indicate any measures that have been taken to strengthen labour inspection activities in order to apply the legal provisions prohibiting any discrimination in employment with regard to women.

3. With regard to Coloured workers and workers of Muslim origin in the Catalan region of Maresme and in Ceuta and Melilla which, according to the comments made by the Trade Union Confederation of Workers' Commissions in 1989, were subject to lower conditions of employment than those of Spanish workers, the Committee notes the information supplied by the Government on the legislation respecting the employment of foreign workers and the requirements for the acquisition of Spanish nationality. It would be grateful if the Government would indicate the measures that have been taken to ensure - for example, by means of inspection visits - that, in practice, Coloured workers and those of Muslim origin who have acquired Spanish nationality are not subject to any discrimination in employment, in accordance with the Convention. With regard to the treatment of foreign workers, the Committee refers to its comments concerning the application of the Migrant Workers (Revised) Convention, 1949 (No. 97).