Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - Spain (Ratification: 1960)

The Committee notes the Government’s detailed report and the replies to its previous comments. It also notes with interest Royal Decree No. 138 of 4 February 2000 approving the regulations on the organization and operation of the labour and social security inspectorate, and the table on the distribution of the staff of the inspection services, disaggregated by sex, showing that women account for an overall proportion of 39.44 per cent of inspection officials. The Government is requested to provide additional information on the following points.

1. Labour inspection and child labour. The Committee notes the interest shown by the Government in the value of including in the annual reports data concerning the supervisory activities carried out by the labour inspectorate in the field of child labour. It also indicates its commitment to strengthen these activities and accord them the priority that they deserve.

2. Impact of the new inspection system. With reference to the Government’s request concerning the precise purpose of the information that it requested in its previous comment on this point, the Committee asks the Government to provide details concerning subsequent developments in the supervisory activities of the inspection services, as well as the degree to which the relevant provisions are applied by employers.

3. Principal duties of the labour inspectorate (Article 3, paragraph 1(c) and paragraph 2, of the Convention). With reference to the information provided in a previous report of the Government to the effect that, although the legislation does not explicitly provide that inspectors are entrusted with bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, this duty was discharged in practice and had resulted in the adoption of relevant provisions, the Committee would be grateful if the Government would indicate, firstly, whether it is envisaged to give a legal basis to the above provision of the Convention and, secondly, if it would provide information on the manner in which it is ensured that duties relating to conciliation, deriving from sections 1(2) and 3 of Royal Decree No. 138/2000, do not interfere with the discharge of the primary duties of labour inspectors and do not prejudice the authority and impartiality which are necessary in their relations with employers and workers.

4. Inspection by day of workplaces liable to inspection. The Committee notes that the powers of inspectors and inspection officials set out in section 7 of Royal Decree No. 138/2000 only apply to workplaces liable to inspection. With reference to paragraph 165 of its 1985 General Survey on labour inspection, it wishes to draw the Government’s attention to the case of workplaces which do not formally and clearly appear to be liable to inspection, but in which workers covered by the labour legislation are engaged. Recalling in this respect that, in accordance with Article 12, paragraph 1(b), of the Convention, labour inspectors must be empowered to enter these premises by day, it requests the Government to provide information on the manner in which it is ensured that workers engaged in these premises are covered by this provision or, if this is not the case, to take measures for this purpose and keep the ILO informed.

5. Supervision of notices required at the workplace. In accordance with Article 12, paragraph 1(c)(iii), labour inspectors should be authorized to require the posting of notices envisaged by legal provisions. The Government is requested to indicate the measures taken to enable inspectors to exercise this power.

6. Annual inspection report. The Committee notes that the most recent annual report transmitted on the work of the inspection services concerns the year 1998. It would be grateful if the Government would take the necessary measures to ensure that future annual reports are published and transmitted to the ILO within the time limits set out in Article 20.