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

Equal Remuneration Convention, 1951 (No. 100) - Spain (Ratification: 1967)

1. The Committee notes the information contained in the report, including the statistical data attached and the Government’s comments in response to the comments of the General Union of Workers (UGT) of 27 February 1999, sent to the Government in March 1999. The Committee also notes the comments of the Trade Union Federation of Workers’ Commissions (CC.OO.) of 21 September 2001, received jointly with the Government’s report.

2. The Committee notes the Government’s response to the UGT’s earlier comments, which stated that serious and generally hidden sex-based salary discrimination still exists in Spain, and that: (1) the concept of salary in Spanish law diverges from the definition of the term under international law; (2) the definitions of occupational classification often include notions of the value attributed to certain tasks or output bonuses that result in indirect discrimination against women; and (3) the measures adopted to combat discrimination are insufficient.

3. The Committee notes the Government’s comments regarding the concept of salary expressed in the Spanish legislation. The Government indicates that this concept is defined in section 26 of the Workers’ Statute, which provides that "The concept of salary includes the totality of the economic remuneration received by workers, in cash or in kind, for the performance of work-related services for another and which constitutes compensation for work performed, regardless of the form of the remuneration ...". The Committee considers this definition to be compatible with Article 1(a) of the Convention. It would be grateful if the Government would supply samples of collective agreements reflecting the application of section 26 of the Workers’ Statute.

4. With respect to the comments that occupational classifications frequently involve concepts of the value attributed to certain tasks or output bonuses that result in indirect discrimination against women, the Government states that occupational classifications are typically contained in collective agreements agreed upon between workers and employers and that, therefore, this is an issue that is difficult for the Labour Inspectorate to address. The Committee asks the Government to provide information on the measures adopted or envisaged to prevent any indirect discrimination that may arise from the classification and evaluation of jobs in collective agreements.

5. With regard to the UGT’s comments on the alleged lack of social dialogue and the high rate of temporary work, which the UGT points to as indiciae of hidden employment and salary discrimination, the Government indicates that, through a process of social dialogue, it has adopted a series of measures designed to improve employment stability. It also indicates that part-time work has been regulated, also through the social dialogue process. The Government states that the high rate of temporary work is steadily decreasing.

6. The Committee notes the adoption of Act No. 39/99 of 5 November 1999, to promote the balancing of workers’ professional and family responsibilities, and that similar reforms have been made to the legislation applicable to public servants, both civil and military. While the above information does not bear directly on the principle of equal remuneration, the Committee notes that it is generally relevant to the promotion of equality of opportunity and treatment in the world of work, and thus has an indirect positive effect on the application of the Convention.

The Committee is sending a request directly to the Government on other points.