Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Spain (Ratification: 1984)

The Committee notes the information supplied by the Government in its report and the comments made by the General Union of Workers (UGT). The UGT states that the Government has never provided it with copies of its reports, but each year has sent only a copy of the questionnaires it receives from the ILO and asks the representative organizations for relevant comments, but gives them very little time to reply. The UGT acknowledges that this last matter can be remedied since the workers' organizations are able to send their observations directly to the ILO. However, it adds, the Government's failure to send the reports means that the unions do not know what steps the Government claims to be taking to ensure compliance with international standards, and are unable to make any comparison with their own positions. In a communication of 30 September 1994 the UGT asked the Government for the reports drawn up by the Ministry of Labour and Social Security. The Government asserts that it has treated the UGT in the same way as the other industrial organizations and lists the measures taken - giving their dates - which include the sending of reports. The Committee points out that one of the subjects to be dealt with in the consultations provided for in the Convention is matters arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution (Article 5, paragraph 1(d), of the Convention). It also points out that for such consultations to be effective it would be appropriate for employers' and workers' organizations to become acquainted with the content of the reports due under the ILO Constitution. The Committee notes that the reports requested must reach the International Labour Office within a prescribed time-limit. Consequently, the Committee is bound to ask the Government once again, under procedures "which ensure effective consultations" (Article 2), to take measures necessary to facilitate consultations between representatives of the Government, the employers and the workers on the items covered by the Convention (Article 5, paragraph 1), to the satisfaction of all the parties. Furthermore, the Committee would be grateful if the Government would indicate the nature of any reports and recommendations produced as a result of the consultations.