Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Spain (Ratification: 1985)

The Committee notes the information provided by the Government in its report, including the statistical data and the various legislative provisions to promote the access to employment of workers with family responsibilities.

1. Articles 4(a) and 7 of the Convention. The Committee notes with interest that, according to the Government's report, the Bill to promote the reconciliation of the family life and professional life of workers, which will adapt the legislative framework to the need to reconcile work and family responsibilities in modern society, is currently being examined by the Parliament. It requests the Government to keep it informed of the progress achieved in this respect.

2. The Committee notes from the Government's report that the standards governing the collaboration between the National Employment Institute and the various public administrations, the programme to promote agricultural employment and the programme of employment workshops, include the existence of family responsibilities as one of the preferential criteria for selection. The Committee would be grateful if the Government would keep it informed of the practical results achieved by such programmes.

3. The Committee notes that, according to the statistical information provided by the Government, part-time contracts which, according to the report, facilitate the compatibility between working and family life, numbered 358,533 in 1989, 2,367,093 in 1998, and that women make up 59.8 per cent of all part-time contracts. The Committee also notes the agreement on part-time work and the promotion of its stability concluded by the Government and the most representative trade union organizations on 13 November 1998, the contents of which have been incorporated in Royal Legislative Decree No. 15/1998, of 17 November 1998. Please provide information on the manner in which the above Decree is applied in practice.

4. The Committee notes with interest Act No. 4/95, the text of which was attached by the Government, and which amended the regulations respecting parental leave for the care of children, by extending the entire maximum three-year period taken into account for enforced absence from work, which had previously been confined to the first year, for the purposes of calculating seniority and assistance for vocational training courses. It also notes the various provisions governing unemployment protection for workers with family responsibilities.

5. Article 5(b). In its previous comments, the Committee noted that, according to the Trade Union Confederation of Workers' Committees (CC.OO.), there was a great lack of infrastructure for childcare and the care of the elderly, and it requested the Government to provide information on the number of services for the care of children and the elderly. The Committee notes the information provided by the Government, according to which legislative measures are supplemented by the promotion of services to care for people, notably, programmes of collaboration between administrations, subsidies granted by the Ministry of Labour and Social Affairs to non-profit organizations and subsidies provided by the General Administration of the State for programmes designed to facilitate compatibility between family and working life. These programmes are intended for children in suburban areas, and underprivileged, newly created and rural areas. The Committee notes that the overall amount of such subsidies was 312,485,031 pesetas in 1997 and 271,551,250 pesetas in 1998 and it requests information on the manner in which this reduction affected the respective services. It also notes that in 1997-98, some 90.9 per cent of children between 4 and 5 years of age and 66 per cent of children of 3 years of age were attending school. Moreover, in 16 autonomous communities, the level of coverage of children between 0 and 3 years by public services was 14.6 per cent in 1997. The Committee requests the Government to continue providing information in this respect, and also to provide information on the services provided to the elderly.

The Committee notes that it has not received a reply to its previous comments concerning Articles 6 and 11 and therefore repeats its request, which read as follows:

Article 6. The Committee notes the emphasis placed by the CC.OO. on the importance of accompanying changes in the legislation with campaigns to inform the public and raise awareness of the need to share family responsibilities. The Committee requests the Government to comment on the activities undertaken to promote a better understanding by the public of the principles set out in the Convention (for example, through the activities of the Women's Institute).

Article 11. The Committee notes that Organic Act No. 1/1990, of 3 October 1990, respecting the general organization of the education system, provides in section 34 that the participation of social representatives should be promoted in the design and planning of vocational training. Section 51 of the above Act requires the collaboration of the labour administration for the same purpose. The Committee therefore requests the Government to supply information on the participation of social representatives and the collaboration of the labour administration in the above activities. It also requests the Government to supply the text of any regulations issued under the above Act.