Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Paid Educational Leave Convention, 1974 (No. 140) - Spain (Ratification: 1978)

In its last direct request, the Committee noted the comments of the General Union of Workers (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO). It now notes that the UGT has renewed its criticisms. In particular, the UGT refers to the need to coordinate paid educational leave policy with general employment policy (Article 4 of the Convention); and the requirements that policy should have amongst its purposes those of general, social and civic education and trade union education (Article 2) and that it should contribute to the human, social and cultural advancement of workers (Article 3(c)). They point out that the national provisions do not guarantee payment of wages during the exercise of the right to educational leave; and they again stress that section 22 of the Workers' Charter merely refers to permission to take examinations, with no mention of pay, so that the guarantee of the right to paid educational leave in Article 1 is in doubt.

The Government in its report has reiterated previous indications as to general measures of vocational training, and as to the scope left by section 22 to collective bargaining in order to define the right to paid educational leave. However, it states that there have been no developments in the application of the Convention, and it gives no indication of any terms of collective agreements which specify the right to leave in terms of the Convention. At the same time it states that the General Vocational Training Council (CGFP) is currently considering the question of section 22.

The Committee would in this light observe that, in the absence of more specific answers to the questions raised in the last direct request, it is not yet clear to what extent the Convention is applied. It hopes that the CGFP discussions will lead to progress in this respect, and that the next report will include the following information:

(1) what measures have been taken to ensure workers enjoy leave for educational purposes during working hours and with adequate financial entitlements (Articles 1, 3 and 11);

(2) the terms on which leave is in practice granted for the purposes laid down in Article 3, including the conditions for entitlement, the length of leave and the level of financial entitlements;

(3) available statistics on the numbers of workers granted paid edcuational leave (Part V of the report form); and

(4) any steps taken in the light of the CC.OO comments as regards the formulation and application of the policy for the promotion of paid educational leave (Articles 2 and 6).

[The Government is asked to report in detail for the period ending 30 June 1992.]