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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Spain (Ratification: 1977)

The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 4 August 2011 and 31 July 2012 criticizing the decisions of the administrative authorities (in the community of Valencia and the community of Madrid) to impose minimum service requirements which on occasion amount to 90 per cent of the ordinary service and which in practice prevent the exercise of the right to strike (the ITUC also alleges that, in the case of a strike by workers in the metro in Madrid, after reaching an agreement which brought an end to the strike, the company made a claim against the strike committee and the unions for €6 million in damages, which is before the Higher Court of Justice of Madrid). In this respect, the Committee notes that the Government indicates that, concerning the decisions of determination of essential services mentioned by the ITUC as well as other cases, the judicial authorities intervened in several cases and ruled in favour of the workers. The Committee notes the Government’s observations on the ITUC’s comments.

Finally, the Committee notes the issues raised in the comments of the General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions (CC.OO.), dated 31 August 2012, as well as in the recent observations of the Government. The Committee notes that these issues were previously submitted to the Committee on Freedom of Association (Case No. 2947).