Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Equal Remuneration Convention, 1951 (No. 100) - Spain (Ratification: 1967)

1. The Committee takes note of the detailed information and statistics contained in the Government's report in reply to its previous comments. It also notes the comments on the application of the Convention in practice sent by the Trade Union Federation of Workers' Commissions (CC.OO.) and the General Union of Workers (UGT).

2. The Committee notes that the CC.OO. generally criticizes the continuing wage gap between the earnings of men and the earnings of women, which it estimates to be, for monthly wages, 72.2 per cent. While both workers' organizations applaud the change in the Workers' Statute, noted with satisfaction in the Committee's previous observation, they claim that there continues to be indirect discrimination based on the undervaluation of the work carried out by women. The UGT adds that the concept of "salary" under section 28 of the Workers' Statute does not correspond to the definition of remuneration contained in the Convention; and that the enforcement measures remain inadequate despite certain improvements introduced by sections 96 and 180 of the Act on Labour Procedures (such as cancellation of unjustified dismissals; reversal of the burden of proof in discrimination cases; and partial annulment of collective agreements which are found to contain discriminatory clauses).

3. While awaiting a detailed reply from the Government on these comments, the Committee notes that it has taken note in previous direct requests of the measures being taken by the Government to determine the causes of the wage discrepancies (such as, the activities of the National Women's Institute and the training of the labour inspection services regarding wage discrimination). The Government's most recent report also reflects the serious attempts being made by the authorities and the courts to redress any imbalances that may be due to the sex of the worker. The Committee therefore trusts that the Government's reply to the above comments on the practical application of the legislation which enshrines the principle of the Convention will contain similar details, in an effort to meet the concerns of the CC.OO. and the UGT.