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

Protection of Wages Convention, 1949 (No. 95) - Spain (Ratification: 1958)

The Committee notes the Government’s report and the information that it contains. It would be grateful to be provided with further particulars on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that section 2 of the Workers’ Charter enumerates the categories of “labour relations of a special nature”, including those of high-level managerial staff, domestic workers, professional sportspersons, artists engaged in public performances and any other work declared to be such. It notes that this provision is confined to providing that the regulation of these labour relations of a special nature shall comply with the fundamental rights set out in the Constitution. The Committee requests the Government to indicate the legal provisions governing the protection of the wages of these categories of workers.

Article 4. Partial payment of wages in kind. The Committee notes the adoption of Act No. 35/2006, of 28 November 2006, respecting taxation on individuals and partially amending the laws respecting taxation on companies, the income of non-residents and personal assets. It notes that sections 42 and 43 determine the rules for the evaluation of allowances in kind for the purposes of the calculation of taxation on individuals. The Committee requests the Government to indicate the measures, other than tax law provisions, which have been taken to ensure that, in cases in which wages are paid partially in kind, such allowances are appropriate for the personal use and benefit of the worker and her or his family, and that the value attributed to such allowances is fair and reasonable. In particular, the Committee requests the Government to indicate whether legal provisions prohibit the payment of wages in the form of liquor or of noxious drugs. The Government is also requested to provide a copy of collective agreements in force which permit the partial payment of wages in kind.

Article 7. Works stores. The Committee requests the Government to indicate whether measures have been taken to ensure that the goods sold and the services provided by the employer are at fair and reasonable prices and that the stores established by the employer are not operated for the purpose of securing a profit, but for the benefit of the workers concerned.

Article 8. Deductions from wages. The Committee notes that Act No. 1/2000 of 7 January 2000 on civil procedures only addresses judicial attachment, covered by Article 10 of the Convention, and not deductions from wages. The Committee requests the Government to provide information on the conditions and the extent to which deductions from wages may be permitted and on the steps taken to inform the workers.

Article 12. Regular interval for the payment of wages. The Committee notes that, under the terms of section 29(1)(1) of the Workers’ Charter, the interval between the payment of wages may not exceed one month. It requests the Government to indicate the legal or other measures which provide for the final settlement of all wages due within a reasonable period after the termination of the contract of employment.

Article 13. Time and place of the payment of wages. The Committee notes that, by virtue of section 29(4) of the Workers’ Charter, wages shall be paid punctually on the date and at the place agreed or in accordance with custom and practice. However, it notes that, contrary to the former Labour Act, this provision no longer establishes that the payment: (a) shall be made during the working day or immediately thereafter, and at the workplace; and (b) cannot be made during rest days or in places of amusement, bars, cafes or shops, except in the case of persons working in these establishment. The Committee requests the Government to indicate the measures adopted to ensure that effect is given to the Convention on this point.