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

Labour Inspection Convention, 1947 (No. 81) - Spain (Ratification: 1960)

The Committee notes that the Government's report, apparently due to clerical error, contains an incomplete reply to its comments. It hopes that the next report will be sent with full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments made by the Trade Union Confederation of Workers' Commissions concerning the application of Articles 5(b), 16 and 27 of the Convention and the detailed observations submitted by the Government in reply to these comments. In view of the fact that it examined the matter at its last session, the Committee requests the Government to refer to its 1989 direct request.

Furthermore, the Trade Union Confederation of Workers' Commissions considers that this inspection system has been greatly weakened by the fact that the work of a major part of the inspection staff, namely labour supervisors, does not enjoy the "assumption of certainty and accuracy", which prevents enterprises that are violating provisions from being sanctioned. In reply, the Government states that this claim is unfounded and, to support its argument, refers among others to two decisions handed down in this connection by the Supreme Tribunal in 1988. While noting this information, the Committee requests the Government to indicate whether the draft regulations respecting the administrative procedure for the imposition of sanctions, provided for in Act No. 8/1988, has been adopted and, if so, to supply a copy of it.