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

Migration for Employment Convention (Revised), 1949 (No. 97) - Spain (Ratification: 1967)

1. Article 1. Information on policies and national legislation. The Committee notes with interest the recent developments in legislation and national policy on migration. The Committee notes, in particular, the Regulations to Organic Act No. 4/2000, approved by Royal Decree No. 2393/2004, which allow some foreigners in Spain to modify their status by obtaining a residence and work permit; Organic Act No. 3/2007 of 22 March on effective equality for men and women, which provides, in section 14(6) that the public authorities may adopt affirmative action measures for particularly vulnerable groups, including migrant women; and the Strategic Plan on Citizenship and Integration (2007–10), which was formulated by the Government together with the social partners and immigrants’ organizations, and which seeks to promote social cohesion through policies based on equality of opportunity and equality of rights and duties. The Committee hopes that the Government will pursue such measures and asks it to provide information on their practical application in relation to the principles of the Convention. Please also provide information on the affirmative action measures adopted pursuant to section 14(6) of Organic Act No. 3/2007.

2. The Committee further notes the resolution of 26 December 2006 on Spain’s quota of non-community foreign workers for 2007, and the resolution of 28 February 2007 publishing instructions by the Council of Ministers to determine the procedure for authorizing the entry, residence and work in Spain of foreigners whose occupational activity is of interest on economic, social or labour grounds, or involves research and development or teaching activities, which require high qualifications. The Committee asks the Government to send information on the application of the resolutions in practice, including particulars of the processes for the selection of foreign workers and the number of workers selected thereunder each year, indicating to the extent possible their sex, place of origin, and sector of employment.

3. Information on general agreements and special arrangements. The Committee takes note of the resolution of 14 February 2007, issued by the Secretariats of State for Security, Immigration and Emigration, determining the itineraries for which companies, transport firms or transporters are required to submit information. Please provide information on the application of the resolution of 14 February 2007 indicating in particular, and in what circumstances, contraventions have been detected and penalties applied to transport companies, and on what grounds. The Committee would also be grateful if the Government would continue to provide information on any agreements it has signed on the regulation and management of migratory flows, including copies thereof.

4. Article 3. Measures against misleading propaganda on emigration and immigration. The Committee notes the penalties laid down in sections 34(1), 35(1) and (2) and 36(2) of the Act on Social Offences and Penalties, which punish behaviours that modify the original conditions of work, and which are misleading and adversely affect migrant workers and which prohibits the publication of job offers without administrative authorization, as well as fraudulent or deceitful practices in the hiring of migrant workers. The Committee would appreciate receiving information on the practical effect given to these provisions and on the manner in which measures to prevent misleading propaganda are applied.

5. Labour inspection. Under section 3(1) of Act No. 42/97 of 14 November, the Act Organizing the Inspection of Labour and Social Security, the Labour and Social Security Inspectorate is responsible for the monitoring and enforcement of the rules on migration movements and the work of foreigners. It has the authority to intervene in all sectors of economic activity. The Committee notes the total number of interventions by the Labour and Social Security Inspectorate regarding foreigners (71,631), the number of offences reported (10,980), the total amount from penalties imposed and the number of workers affected by the offences (10,980). While welcoming the information received, the Committee requests the Government to provide more specific relevant statistical data, disaggregated by sex, place of origin and sector of activity, on the nature of the offences reported and the type of penalties imposed.

6. Annex I, Article 3. Operations of recruitment, introduction and placing of migrant workers, and Articles 2 and 7 of the Convention. The Committee notes Order No. TAS/3698/2006 of 22 November regulating the registration of foreign (non-community) workers in public employment services and placement agencies. The organization of the National Employment System is based on the registration of jobseekers in public employment services for the placement of workers, access to services to improve their employability and, where appropriate, unemployment benefits. While noting with interest that migrant workers have access to public placement services, the Committee requests the Government to provide information on the number of migrant workers who have benefited from such services, indicating as far as possible their gender, place of origin and sector of activity. Please also provide information on any arrangements for cooperation with the corresponding services in other countries that have ratified the Convention.

7. Private employment agencies. The Committee notes that section 36 of the Act on Social Offences and Penalties establishes as a very serious offence the setting up of any type of recruitment agency for emigrants. The Committee would appreciate receiving information on the existence of such agencies and any offences reported under section 36 of the Act on Social Offences and Penalties. Please indicate whether the activities of private agencies are to be regulated, or, if appropriate, provide information on any measures taken to encourage self regulation for the purpose of protecting migrant workers against any abuse.

8. The Committee notes that the Government has not provided the information requested in paragraph 7 of its previous direct request. It accordingly repeats the request, which read as follows:

The Committee notes that, according to the Government’s report, there has been a radical change in the situation of foreign workers in El Ejido since the regularization process of 2005, and a total of 5,408 people have obtained work permits due to that process. The Government points out that, since the Aliens Regulations were passed, it is the employers who file applications for regularization, and work and residence permits are not valid until social security clearance is obtained. The Committee would be grateful if the Government would provide information on the number of foreign workers residing in Murcia, Alicante and Almería, indicating how many of them have work and residence permits, and if it would give an estimate of the number of foreigners working without permits, and continue to provide information on the progress of the regularization process.