Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Spain (Ratification: 1985)

1. Articles 3 and 9. Measures to apply the Convention in the interests of effective equality of opportunity and treatment between men and women workers. The Committee notes with interest the legislation, plans, agreements and court decisions aiming at securing effective equality of opportunity between men and women workers. It notes in particular that the legislation to reconcile family life and work (Act No. 39/1999 of 5 November adopting measures to promote reconciliation of work and the family and Act No. 12/2001 of 19 July on urgent measures to reform the labour market by increasing jobs and improving their quality) introduces quota bonuses for employers who hire unemployed women in the 24 months following their period of confinement. It also notes that on 8 November 2001, the Comprehensive Family Support Plan (2001-04) was approved and that it includes the reconciliation of family life and work among its three strategies. To implement these measures, Royal Decree No. 125/2001 of 16 November was adopted to regulate the Act on the reconciliation of family life and work. A “Code of Good Practice” has also been drawn up in cooperation with social workers and was approved with the signing on 30 January 2003 of the Interconfederation Agreement on Collective Bargaining (ANC 2003). In the Fourth Equality Plan (2003-06), which comprises eight strategic areas, area 7 concerns the reconciliation of family life and work and one of its aims is to extend parental leave and to step up services for the care of children and dependent persons. The Committee asks the Government to continue sending information on the measures adopted to give effect to the Convention and on the effect given in practice to measures already adopted. Please report, for example, on the effects of the legislation establishing quota bonuses for employers who hire unemployed women within 24 months of their confinement, and on the application of the “Code of Good Practice” and of the measures set out under area 7 of the Fourth Equality Plan. With reference to point 2 of its previous direct request, the Committee again asks the Government to provide information on the practical outcome of measures to promote employment for workers with family responsibilities.

2. With regard to point 3 of its previous direct request, the Committee notes from the report that to encourage recruitment for part-time work on an indefinite basis, social security contribution bonuses are offered under the Annual Programme for Employment Development. The Government also indicates that the law currently in force gives part-time workers the same rights as full-time workers. Please state the percentage of women employed on a part-time basis, indicating whether they have the same employment and training opportunities as full-time workers.

3. Article 5. Dependent children. The Government indicates that in the belief that child care for infants under 3 years of age during the working day of their mothers and fathers is one of the keys to reconciling work and family life, the three administrative departments are cooperating to improve the offer of this kind of service. The Ministry of Health is contributing to the establishment of services for infants under the age of 3 by means of programme-agreements with the autonomous communities. The Committee notes that pursuant to the proposal of the Ministry of Labour and Social Welfare, a study has recently been conducted to ascertain the situation regarding the offer of services for infants under 3 years of age in the various autonomous communities. Noting that, according to the report, this study has allowed an information system to be set up which will show yearly trends in the offer of services for infants, the Committee would be grateful if the Government would provide information on any developments in the offer and utilization of such services.

4. Other close family members. The Committee notes with interest from the report that on 21 April 2006, the Council of Ministers approved the referral to Parliament of a Bill on the promotion of personal autonomy and care of dependent persons, which will establish a new universal and subjective right for persons unable to look after themselves, most of whom are elderly. All the administrative departments are to participate in applying the law in their various areas of competence. The system will be in the form of a diversified public interest network covering and coordinating duly accredited public and private centres and services, and will account for 1 per cent of GDP by 2015 as opposed to the current 0.33 per cent. The Committee asks the Government to keep it informed regarding progress made in this respect.

5. Article 11. The Committee notes the information supplied by the Government in its report and would be grateful if the Government would continue to provide information on participation by the social partners in the preparation and implementation of measures adopted to give effect to the provisions of this Convention.