Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the information contained in the Government’s report, including its response to comments submitted in October 2002 by the Confederación sindical de comisiones obreras (CC.OO) with respect to the application of the Convention.

1. Application by laws. The Committee notes with interest the adoption of Act No. 33 of 5 July 2002 modifying section 28 of the consolidated text of the Act on the status of workers. It notes in particular that the notion of remuneration in section 28 of the Act, which provides for equal remuneration between men and women, has been enlarged in conformity with Directive 75/117/EC of 10 February 1975. It also notes the adoption of Act No. 62 of 30 December 2003, Chapter III, which introduces for the first time into Spanish labour law the definition of direct and indirect discrimination. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

2. Labour inspection and equal remuneration. The Committee notes that the comments submitted by the CC.OO include claims that labour inspections with respect to equal remuneration are insufficient both in quantity and in quality. It considers that the labour inspectorate should act not only upon the request of the parties, but also on its own initiative and that the Government should give particular attention to the inspectors being trained to detect indirect discrimination which might exist with regard to remuneration. Further, section 90 of the Workers’ Statute states that collective agreements should be communicated in order to be registered with the labour authority, who will verify at this moment the application of the existing legislation. The CC.OO states that in order to assume responsibility for this function with respect to the principle of the Convention, it is necessary for all public servants of the labour authority to have a deeper understanding of equal remuneration for work of equal value. In its response, the Government indicates that the fourth Equality Plan for Equal Opportunities between men and women, approved by the Ministerial Council on 7 March 2003, is to be implemented between 2003 and 2005. The Equality Plan provides, among other measures, "that priority must be given to the activities of the Inspectorate for Labour and Social Security, with a view to eliminating all types of direct and indirect sex discrimination and with special attention being paid to discrimination in remuneration" (paragraph 2.3.3 of the Plan). This priority has been integrated into the programme of measures adopted by the Inspectorate for Labour and Social Security. The Committee asks the Government to provide information with its next report on the results of the fourth Equality Plan and the activities of the labour inspectorate carried out with the aim of eliminating inequalities in remuneration between men and women.

3. With respect to the role played by the labour authority regarding possible discriminatory clauses in collective agreements, the Government states that in many cases the general directorate of labour asks for modification of those clauses which give rise to discrimination based on sex. The Committee considers that the labour authority may play an important role in ensuring that collective agreements are in conformity with the Convention. It asks the Government to provide more detailed information with its next report on the training that the labour authority receives in this respect, as well as information on the activities carried out to ensure the application of the Convention during the reporting period, and to provide concrete examples.

The Committee is raising other points in a request addressed directly to the Government.