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

Employment Policy Convention, 1964 (No. 122) - Spain (Ratification: 1970)

1. Articles 1, 2 and 3 of the Convention. Employment strategy and trends. The Committee notes the Government’s report for the period ending June 2006 and the very detailed description of the legal provisions adopted during that period with a view to promoting full, productive and freely chosen employment. The Committee notes that an active employment policy continues to be implemented within the context of the European Employment Strategy as part of the National Reform Programme. This programme sets the objective of achieving an employment rate of 66 per cent by 2010, which is one point higher than the current European average. The first objective of the Declaration for Social Dialogue “Competitiveness, stable employment and social cohesion”, signed on 8 July 2004, was the reduction of precarious employment. In the agreement to improve growth and employment, signed by the Government and the social partners on 9 May 2006, there is an enumeration, in the first place, of measures intended to encourage and support employment, permanent contracts and the conversion of temporary employment into permanent employment through the provision of incentives and encouragement for new permanent contracts and the reduction of employers’ contributions to the Wage Guarantee Fund and for unemployment. Secondly, the agreement includes measures to restrict the successive use of temporary contracts, and to introduce greater transparency into the subcontracting of works and services between enterprises when they share the same workplace. The strengthening of the human and material resources of the Labour and Social Security Inspectorate is also envisaged, with emphasis being placed on the participation of the social partners in the determination of its objectives and programmes. Thirdly, measures have been agreed upon, in the first place, to improve the effectiveness of the active employment and activation policies of the national employment system and, in addition, to improve the protection of workers against unemployment, both through unemployment protection and the benefits of the Wage Guarantee Fund. The Committee notes with interest that the objectives of full and productive employment referred to in the information provided by the Government in its report are fundamental objectives of tripartite agreements. The Committee would be grateful to continue receiving information on the results achieved in the implementation of Law No. 43/2006, of 29 December, to improve growth and employment, and on the experience of the social partners in relation to the application of the Convention.

2. Labour market policies. Regional disparities in employment and unemployment rates continue to attract attention, with high rates of unemployment and lower employment rates occurring in the South and West, in comparison with the more favourable situation in the North East and Centre with regard to employment, unemployment and wages. In this duality, Asturias has the lowest employment rate (43.2 per cent) and Ceuta and Melilla the highest unemployment rates (17.1 per cent). The Committee requests the Government to continue providing information on the results achieved through the measures adopted to improve territorial cohesion and reduce the differences between regions, including data on the active employment measures adopted by the autonomous communities.

3. The Committee notes that for the second successive year the unemployment rate has fallen, and that it was 9.2 per cent in 2005. Although the unemployment rate for young persons has fallen by 2.4 points in relation to 2004, it is still 19.7 per cent and young persons continue to be an underprivileged category requiring action to increase their capacity for vocational integration and to improve their employability. The participation rate of women has increased by 7.8 per cent and that of men by 4.2 per cent, although the employment rate of women is lower than the European average and their employment conditions continue to be worse than those of men. Furthermore, according to the data supplied by the Government, the incidence of long-term unemployment among unemployed men is 24.5 per cent, while the figure for women is 32.5 per cent. The Committee asks to continue being provided with information on the measures that are being taken and their results in improving the participation rate and the employability conditions for young persons and women.

4. The Committee notes that the long-term unemployed are one of the categories towards which efforts are being directed (553,400 persons in 2005), especially through training to improve their employment opportunities. The Committee requests the Government to continue providing information on the measures adopted and the results achieved in reducing the level of long-term unemployment.

5. The Committee notes the measures that have been taken by the Government to regularize the situation of foreign workers residing in Spain, with a consequent increase in the number of persons covered by the social security system. The process for the legalization of foreign workers involved the registration, as of 31 December 2005, of 465,961 foreign nationals. In 2006, the number of new foreign workers registered amounted to 601,025 new persons being covered. The Committee requests the Government to continue providing information on the measures adopted to ensure that foreign workers are integrated into the labour market and that they obtain stable and productive employment.