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

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

1. Article 2 of the Convention. Prohibition of discrimination in remuneration. Referring to its previous direct request, in which it requested information on the sanctions imposed for discriminatory practices on the basis of sex, the Committee notes that Royal Decree No. 5 of 4 August 2000, modified by Act No. 62 of 2003, defines wage discrimination as a serious offence. It also noted that, in accordance with section 40(1)(c) of the Act respecting offences and sanctions in the social domain, serious offences are punishable by fines ranging from euros 3,005.70 to euros 90,151.81. The deterrent effect of penalties for unilateral decisions by the employer, which are directly or indirectly discriminatory, favourable or unfavourable, is reinforced by Organic Act No. 10 of 23 November 1995, which provides for the sanction of imprisonment. The Committee asks the Government to indicate in its next report if any fines or other penalties have been imposed under the abovementioned legislation.

2. Articles 2 and 3. Measures to address the gender wage gap. In its previous request, the Committee noted that the Women’s Institute promotes the ISOS project on the wage gap between men and women and job appraisals. This project, which had participants from universities in Finland, the United Kingdom and Spain, aimed at analysing the relationship between gender-based discrimination on wages and job characteristics and to establish an objective system of job appraisal. The Committee notes that the project resulted in the creation and publication of two "information technology tools", as well as the creation of a survey on the characteristics of jobs in Spanish enterprises. The first tool, called the "ISOS system", consists of an integrated objective system of jobs appraisal, which is adaptable to the specific needs of various organizations and ready to be used. According to the report, the ISOS system’s objective job appraisal is characterized by neutrality and adaptability to all posts. It can be used by any person without specialized knowledge and it integrates aspects of work which are not considered by other systems (such as flexibility). The tool also facilitates comparisons between different appraisals of the same job or appraisals of different jobs. The final results of the project were presented to the interested parties in June 2003, and particularly to the labour inspectors. The Committee would like to know whether the Government is promoting or envisages promoting the application of this system in the public service (if yes, please indicate in which part) and whether it has been applied in enterprises in the private sector. The Committee hopes that the Government will promote the practical application of the project and asks the Government to provide detailed information in this regard as well as on the results achieved.

3. The Committee notes that the fourth Plan on Equality of Opportunity for Men and Women (2003-2006) provides for many initiatives aimed at reducing the wage gap and that many of them are related to the strengthening of training, women’s entrepreneurship and the granting of micro credits, among others. The Committee also notes that the Government launched a Plan on positive action under which participating enterprises can obtain the status of "partners of the equality of opportunity and treatment between men and women" and use a label which identifies them as such in their adverts and on their products. Another measure to reduce the gender wage gap is the adoption on 3 July 2003 of the National Plan of Action on the Inspectorate for Labour and Social Security to ensure equal remuneration of men and women. Among other measures, the Plan stresses the importance of the proper handling of complaints for failure to provide equal remuneration. The Government’s report indicates that it envisages using the information technology tool set up by the abovementioned ISOS project to reveal instances of unequal remuneration. The Committee would be grateful if the Government would provide information on the use of these tools by the labour inspectors and on the impact of these measures on reducing the wage gap.

4. Part V of the report form. Statistical information. Finally, the Committee notes that since 2001 no statistical information, disaggregated by sex, was available due to changes in the methodology of the wage structure survey, but that from 2004, the survey will once again be used to collect more reliable data on wage discrimination based on sex. The Committee also noted that, as of 2004, data from the survey on life conditions and, probably as of 2005, a survey of the active population will be available in order to obtain a picture on the situation in regard to gender-based wage discrimination. The Committee asks the Government to provide this statistical information with its next report.