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

Private Employment Agencies Convention, 1997 (No. 181) - Spain (Ratification: 1999)

1. Authorization of exceptions to the rule that private employment agencies shall not charge workers for the services provided (Article 7 of the Convention). In reply to its 2002 direct request, the Government indicates that it understands that the legislative provisions examined by the Committee are in accordance with Article 7, paragraph 2, of the Convention. The Government adds that the offering or presentation to employers of the workers requested - provided that they fit the occupational profile of the vacancies existing in the enterprises - would justify the payment for the services provided by private employment agencies. The Government further notes that the most representative organizations of employers and trade union associations have been informed and consulted in this respect and it also refers to the opinion of the Economic and Social Council in relation to Royal Decree No. 735/1995.

The Committee notes that the Government has authorized exceptions under the terms of Article 7, paragraph 2, of the Convention, in accordance with which the authorization of exceptions to the provisions of paragraph 1 is subject to them being "in the interest of the workers concerned" and that they have to be in respect of "certain categories of workers, as well as specified types of services provided by private employment agencies". The Committee therefore, in accordance with paragraph 3, requests the Government to continue providing information on the exceptions authorized for temporary work agencies, including practical information on any complaints, alleged abuses or fraudulent practices which may have been occasioned by such exceptions. Please also include statistics and data on the number of workers affected by these exceptions.

2. Protection of migrant workers (Article 8, paragraph 1). The Committee notes the legislative amendments referred to by the Government in its report with a view to continuing to improve the legislative provisions designed to combat labour discrimination. The Government adds that the equal treatment of migrant workers is guaranteed in national law. In view of the need to ensure that migrant workers enjoy adequate protection and are not the subject of abuse, the Committee requests the Government to indicate the measures that have been adopted to prevent fraudulent practices or abuses by private employment agencies in relation to such workers. The Government may consider it useful to refer to the Conclusions on a fair deal for migrant workers in a global economy, adopted by the International Labour Conference at its 92nd Session (2004).

[The Government is asked to reply in detail to these comments in 2006.]