Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Unemployment Provision Convention, 1934 (No. 44) - Spain (Ratification: 1971)

1. The Committee recalls that Act No. 22 of 30 July 1992 respecting urgent measures to promote employment and protect against unemployment and Royal Legislative Decree No. 1/1994 of 20 June approving the consolidated text of the General Social Security Act provide, among other measures, for stricter conditions regarding entitlement to unemployment benefit while amending the rules concerning the duration of the benefits. In this connection, a communication of the General Union of Workers in 1996 stated that many workers were totally deprived of the right to unemployment benefit and others were left with a lower level of social assistance benefit, thereby reducing the protection offered by the scheme. The drop in numbers eligible for benefit meant that by the end of 1995 there were some 2,300,000 unemployed without entitlement to unemployment benefit. According to the data provided by the Government in a report received in September 1996, the total cost of unemployment benefit was in thousand of million pesetas in 1994 2,037.3 and in 1995 (provisional data) 1,680.9.

The Committee notes the indications from the UGT and the statistical data supplied by the Government. Under national legislation, entitlement to a contributory unemployment benefit requires 360 days of contributions over the six years preceding unemployment. Article 6 of the Convention, for its part, provides that the right to receive benefit or an allowance may be made conditional upon the completion of a qualifying period involving the payment of a prescribed number of contributions within a prescribed period preceding the claim to benefit or the commencement of the period of unemployment, leaving national legislation to prescribe the duration of said period. In addition, in Paragraph 6 of the Recommendation on unemployment, 1934 (No. 44), it is stated that the qualifying period permitted by the Convention should not exceed 52 weekly contributions during the preceding 24 months. The duration of benefits varies in Spain between 120 and 720 days, on the basis of the period of contributions, which does not seem contrary to the provisions of Article 11 which lays down that the right to receive benefit or an allowance may be limited in duration to a period which shall not normally be less than 156 working days per year, and shall in no case be less than 78 working days per year.

Nevertheless, the Committee is aware of the serious effects which the legislative provisions adopted in 1992 may have on the categories of workers affected, as stated in the observations of the UGT. Consequently, the Committee hopes that the Government's next report will include information on this matter and also on the efforts made to respond to the concerns such as those raised by the above-mentioned workers' organization.

2. Article 2, paragraph 2(f). In its observation of December 1995, the Committee noted that according to section 3(2)(g) of Act No. 10/1994, social protection of apprentices excludes unemployment benefit. According to the national legislation in force at that time, the contract of apprenticeship could be concluded by persons aged between 16 and 25 years for a period of up to three years. In its report of September 1996, the Government provides statistical information, according to age, of young persons who concluded contracts of apprenticeship and the average duration of such contracts for 1994-95. The Government stresses that not all young workers are excluded from protection but only those workers holding apprenticeship contracts. The Government adds that these workers would probably not have entered the workforce if this type of contract did not exist. The Committee notes the aforesaid information and the fact that the latest legislative reforms (Royal Legislative Decree No. 8/1997, of 16 May, on urgent measures to improve the labour market and promote permanent employment) has introduced a system of training contracts which can be concluded by workers over 16 and under 21 years old who do not benefit from unemployment benefits either. It provides that such contracts are of a maximum duration of two years. The Committee recalls that under Article 2, paragraph 2(f), the Convention allows exceptions in respect of young workers under a prescribed age. As indicated in its previous comments, during preparatory work, the word "young" was added to the Convention in order to guarantee that the prescribed age was not excessively high. The Committee once again expresses the hope that the Government will re-examine the matter of ensuring the best possible application of the Convention in relation to the situation of workers who have concluded a training contract. It requests the Government to include in its next report detailed information on the progress and results achieved in this direction.