Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the observations of the Trade Union Confederation of Workers’ Committees (CCOO) set out in a communication of 13 August 2012. It notes that with reference to the Committee’s previous comments on the application of this Article of the Convention, the CCOO states that the amendment of section 26(1) of the Workers’ Statute by Act No. 35/2010 of 17 September 2010 on urgent measures to reform the labour market, merely provides that wages in kind may not exceed 30 per cent of the worker’s remuneration or lead to a reduction in the amount of the interoccupational minimum wage. The Committee notes that in its reply to the comments of the CCOO, received on 20 November 2012, the Government underlines that the 30 per cent limit to the remuneration that may be paid in the form of allowances in kind, combined with the obligation to pay the amount of the interoccupational minimum wage in cash, make up a regulatory framework that is more protective than the Convention.

In addition, in reply to the Committee’s previous comments, the Government states in its report that payments in kind must be quantifiable in monetary terms, though the labour legislation contains no provisions on the evaluation of such payments. According to the Government, case law and business practice follow the rules for evaluation set in the legislation on the taxation of natural persons, which refers to the market value of payments in kind. The Government adds that in any event the value attributed or agreed by the parties must be reasonable and contribute to satisfying the needs of the person concerned and his/her family while adding to his/her personal assets. Otherwise, the payments would not be wage payments. According to the Government, assistance with school or day-care fees and meal allowances are not deemed to be part of the wage. Lastly, the Government indicates that no provision in the law expressly forbids payment of wages in the form of alcoholic beverages or noxious drugs. It nevertheless considers, in the light of the above considerations, that it can be concluded that such substances lack the characteristics needed to treat them as payment in kind. The Committee notes with interest the amendment to section 26(1) of the Workers’ Statute restricting partial payment of wages in kind. It notes that there is a similar provision in section 8(2) of Royal Decree No. 1620/2011 of 14 November 2011 issuing specific regulations on the employment relationship of domestic workers. While noting the Government’s explanations, the Committee would appreciate receiving more detailed information, in particular copies of court decisions bearing on matters dealt with in this Article of the Convention.

Article 12(1) and Part V of the report form. Regular payment of wages – Application in practice. The Committee notes the information sent by the Government on the work done by the labour inspectorate in recent years to ensure compliance with the legislation on wages. It notes that between 2007 and 2011, inspection visits increased by 7.23 per cent, the number of infringements of this kind increased by 101.79 per cent, the amount of the penalties imposed increased by 165 per cent, and the number of workers affected by such infringements increased by 425.89 per cent. The Committee notes the information from the Government to the effect that, in most cases, infringements concern the non-payment of wages or wage arrears, the partial payment of the latter or the underpayment of wages due. The Government points out that the infringements are for the most part caused by a lack of liquidity in enterprises due to the economic and financial crisis. The Committee also notes that in many cases disputes about wages are not dealt with by the labour inspection services but are the subject of court proceedings. The Committee requests the Government to continue its action to put an end to practices of non-payment of wages or wage arrears, which are particularly harmful to workers in these times of economic crisis. It requests the Government to continue to provide information on the manner in which the Convention is applied in practice, and particularly on the results of the work of the labour inspectorate, and to send copies of any decisions handed down by the Spanish courts that concern matters of principle pertaining to the implementation of the Convention.