Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Spain (Ratification: 1995)

The Committee has noted the Government's first report, as well as the comments of the General Union of Workers (UGT), which were sent to the Government for observation on 24 March 1998.

The UGT points out that the quantitative limit to the payment of guarantee by the Wage Guarantee Fund (FOGASA) which is based on the interprofessional minimum wage (SMI) is resulting in insufficient protection. It also notes that, because of the budgetary insufficiency of the FOGASA itself and administrative procedures, it takes the worker at least three-and-a-half years to receive the indemnities after the non-payment by the employer occurred.

The Committee notes that the Government has not supplied its observations in reply to these comments and invites the Government to do so, with reference to Article 13 of the Convention regarding the first point, and treating the second point as a question of the application of Part III of the Convention in practice.

As to the contributions payable by the employer regarding social security, mentioned among other points by the UGT in the comments, the Committee notes that such contributions are not included in the "workers' claims" to be protected under this Convention (Articles 6 and 12), and therefore do not fall within its scope.