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

Migration for Employment Convention (Revised), 1949 (No. 97) - Spain (Ratification: 1967)

The Committee takes note of the detailed information supplied in the Government's report in answer to its previous comments.

The Committee notes the information supplied by the Government concerning the requirements to be met by migrant workers in order to renew their residence and work permits, in accordance with the agreement of the Council of Ministers of 7 June 1991 on the regularization of foreign workers. It also notes the indications provided by the Government concerning the court decisions handed down respectively by the high courts of the Balearics, Cataluña and Madrid regarding the denial of the migrant workers' rights referred to in Article 6 of the Convention. The Committee further notes the Government's statement that the right to associate freely is laid down by the Organic Law on Freedom of Association, No. 11/85 of 2 August 1985, for all workers, including foreigners lawfully employed in the country. The above Law also establishes the means of redress for all workers against treatment which is less favourable in terms of freedom of association, including the possibility of going to the labour inspection and social security services, without prejudice to the penalties provided for under Title V of the same Law in the event of anti-union conduct. The Government adds that the law governing the procedure for labour matters, approved by Royal Legislative Decree No. 521/1990 of 29 April 1990, provides in section 20 that trade unions may, with the authorization of the persons concerned, take legal action in the name of and on behalf of members, in order to defend their individual rights and see to it that they benefit from the effects of legal action.

The Committee would be grateful if the Government would continue to provide statistics of foreign workers in Spain, together with information on the number of Spanish workers employed abroad. It also asks the Government to point out any practical difficulties encountered in implementing Conventions and to send, if any, the relevant results of the activities of the inspection services, in accordance with point V of the report form.