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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Spain (Ratification: 1977)

The Committee takes note of the Government's report and of the Decrees determining the minimum services to be maintained during a number of strikes that have occurred in various sectors since 1988.

The Committee observes that from reading the above Decrees, it is not clear that the occupational organisations which called the strikes participated in determining the minimum services.

Furthermore, the Committee notes the contents of Act No. 7/1990 of 19 July 1990 on collective bargaining and participation in determining the working conditions of public employees, section 32, subsection (h) of which provides that "proposals on trade union rights and participation" shall be subject to negotiation. The Committee asks the Government to indicate whether the above subsection constitutes a legal basis for collective negotiation to determine the minimum services to be maintained in the event of strikes in the public sector, and to inform it of any initiatives in this respect.

The Committee again expresses the hope that, in future, occupational organisations will be able to participate in determining the minimum services to be maintained in the event of strike and ask the Government to report on any developments in this respect.