Direct Request (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 and requests the Government to supply further information on the following points:

Article 1(3) of the Convention. The Committee asks the Government to indicate in what way the extent of the employer's responsibility in the insolvency proceeding is determined by legislation or practice.

Articles 6(d) and 12(d). The Committee notes that, under sections 32.3 and 33.2 of the Workers' Statute (as consolidated by Legislative Decree 1/1995 of 24 March 1995), indemnities for dismissal (indemnizaciones por despido) are protected by privilege and by the guarantee institution. It also notes the Government's statement in the report to the effect that other types of severance pay (indemnizaciones por fin de servicios) are considered to be covered by the obligation of guarantee as having been incorporated into internal rules by way of the ratification of the Convention. The Committee recalls however that, under Article 2 of the Convention, its provisions have to be applied by means of laws or regulations or other means, and requests the Government to indicate measures taken to protect other types of severance pay than indemnities for dismissal by privilege and by the guarantee institution.

Article 7. With reference to its observation relating to the comments of the General Union of Workers (UGT) 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, and noting that quantitative limits based on SMI are also set for the protection by privilege, the Committee invites the Government to supply its observations with regard to the above-mentioned quantitative limitations to the protection by privilege.

Further to the observation it is making, the Committee requests the Government to supply information on the practical application of the Convention, with particular reference to the actual functioning of the FOGASA, and including the number of workers covered by the measures giving effect to the Convention, in accordance with point IV of the report form.