Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Spain (Ratification: 1971)

Article 2, paragraph 1, of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the Government’s report, which mentions the adoption of a new Act on public sector employment and a collective agreement covering the staff of the central administration of the State. However, it draws the Government’s attention to the fact that the Convention does not deal with the working conditions of civil servants, but prescribes the inclusion of labour clauses in contracts relating to the execution of public contracts for works, supplies or services.

The Committee recalls that, in its previous comments, it found that clause 11 of Decree No. 3854/1970 of 31 December 1970 approving the Schedule of general clauses for the conclusion by the State of works contracts, relating to the contractor’s social and labour obligations, ensured the application of Article 2 of the Convention.

The Committee notes that public contracts have been the subject of new national regulations. It notes the adoption of Royal Legislative Decree No. 2/2000 of 16 June 2000, approving the consolidated text of the Act on contracts awarded by public administrations, as well as the adoption of Royal Decree No. 1098/2001 of 12 October 2001, approving the general regulations implementing this Act. The Committee notes in particular the single repealing provision contained in this Decree, which does not explicitly provide for the repeal of Decree No. 3854/1970 of 31 December 1970 mentioned above. It also notes paragraph 3 of this provision, under which all the provisions which rank on a par with or lower than Decree No. 1098/2001 are repealed, in so far as they are contrary to that provision and have not been repealed by the Act on contracts awarded by public administrations. The Committee observes that certain provisions of Decree No. 3854/1970 have been incorporated in Decree No. 1098/2001, in some cases with variations, so it would appear that the corresponding clauses of the first Decree ought to be taken as repealed. However, it notes that Decree No. 1098/2001 does not contain any provisions similar to those of clause 11 of Decree No. 3854/1970, which ensured the application of Article 2 of the Convention. The Committee therefore requests the Government to confirm that this clause is still in force.

Moreover, the Committee notes with interest the Schedule of general administrative clauses of a social nature for public contracts, adopted by the municipal authorities of Seville on 24 May 2007. It notes, in particular, section 4, paragraph 1 of this document, under which every contractor undertakes to comply, during the execution of the contract, with the labour standards in particular, whether these are contained in a branch- or enterprise-level collective agreement, in the Act issuing the conditions of service of workers or in the General Social Security Act. The Committee further notes that this document also requires contractors to comply with other social obligations concerning the employment of persons with disabilities; the prevention of occupational hazards; the integration of persons encountering particular difficulties in accessing employment; the access of women to employment on an equal footing in sectors where they are under-represented by comparison with men; stability of employment; and the adoption of measures to facilitate the reconciliation of working and family life. The Committee requests the Government to indicate whether other local or regional authorities have adopted regulations of this type and, if so, to send a copy and to provide any useful information on this subject.

Furthermore, the Committee notes the adoption of Act No. 30/2007 of 30 October 2007 on public sector contracts, which the Committee intends to examine at its next session.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services, as well as details of the number and nature of the contraventions reported.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.