Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes the Government's report and the comments of the Trade Union Confederation of Workers' Commissions (CC.OO.) and the General Union of Workers (UGT).

The Committee recalls that on many occasions it has pointed out the need for occupational organizations to be able to participate in the determination of the minimum service to be maintained in the event of a strike.

In this context, the Committee notes that the CC.OO. and the UGT criticize in their comments the contents of a Bill respecting strikes which has been submitted to Parliament. The Committee also notes that according to the Government a new basic text respecting strikes and collective disputes has been sent to Parliament with the agreement of the CC.OO. and UGT. The Committee also notes the Government's indications that in future regulations it is envisaged that responsibility for determining those who are to provide minimum essential services will be shared by the employers and the trade unions, or the representatives of the workers who have called the strike.

The Committee expresses the firm hope that the future basic law respecting strikes and collective disputes will fully respect the principles of freedom of association in respect of strikes and, in particular, minimum services. The Committee requests the Government to supply the above text once it has been adopted.