Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

Articles 1, 2 and 3 of the Convention. Measures to mitigate the impact of the crisis. In its conclusions in June 2013, the Committee on the Application of Standards expressed its concern at the persistent deterioration of the labour market and urged the Government to continue evaluating, with the participation of the social partners, the impact of the employment measures adopted to overcome the jobs crisis. The Committee notes the Government’s report, which includes observations by the General Union of Workers (UGT), and the Trade Union Confederation of Workers’ Commissions (CCOO), and the Government’s reply received in November 2014. In August 2013, the International Organisation of Employers (IOE) and the Spanish Confederation of Employers’ Organizations (CEOE) indicated that the reforms approved since the beginning of 2012 are continuing to lay the basis for future economic recovery through a reduction in macroeconomic imbalances; the creation of a conducive legal framework for the establishment and development of enterprises, which are the principal source of employment generation; the improvement of their competitiveness and productivity and a better allocation of resources towards the most economically dynamic sectors, such as the export sector. The employers’ organizations recall that the Government’s economic policy is conditioned by the European Union’s Stability and Growth Pact, which places emphasis on the reduction of the public deficit and of public debt. The CCOO indicates that the reforms imposed have only served to intensify the destruction of employment, devalue wages and worsen working conditions for workers. According to CCOO, it would be necessary to increase public investment, stimulate demand and economic activity and channel credit to enterprises. The UGT, in the observations received in August 2014, adds that although the data for the second quarter of 2014 corroborate a moderate improvement in certain economic indicators and in the labour market, quality jobs have not been created. Almost 24 per cent of employed persons are in temporary employment. The Government enumerates the measures adopted to promote employment creation and reduce duality in the labour market. The Government also refers to the National Reform Programme presented in 2013 to the European Union, as well as the Spanish Employment Strategy and the annual employment policy plans. The Government emphasizes the moderate increase in unemployment: in the second quarter of 2013, the unemployment rate fell by 0.9 points, with unemployment affecting 5,977,500 persons, or 26.26 per cent of the economically active population. The Government emphasizes that, for the first time during the crisis, a further fall in GDP was not translated into an acceleration in the pace of job destruction. The Government considers that, in the absence of labour reforms, more jobs would have been destroyed, and that the Spanish economy is capable of generating employment from a GDP growth rate of between 1 and 1.2 per cent. The Committee notes that employers’ organizations in general have a positive view of the labour reforms, as they reaffirmed in October 2013 and in a further communication received in September 2014. The employers’ organizations emphasize the rulings of the Constitutional Court (ruling No. 118/2014, issued on 16 July 2014, and injunction No. 43/2014, issued on 12 February 2014) which support the 2012 labour reforms. The employers’ organizations consider that the labour reforms initiated in 2012 are approaching the level of flexibility of countries in the European environment and they emphasize that in March 2014 a tripartite meeting was held in which the need was expressed to promote measures to encourage growth and a change in the economic cycle. However, the two main trade union confederations referred in March 2014 to the tripartite discussion held in the Conference Committee in June 2013, and they once again directed their comments towards the Government, pointing out the legislative texts and employment programmes that have been adopted without the participation of trade unions and which fail to take into account the commitment to social dialogue. The Committee observes that a serious situation of unemployment persists which principally affects young persons and those who, as a consequence of the crisis, have been unemployed for many years. The Committee refers once again to Article 2 of the Convention, which requires a regular review of the measures and policies adopted to attain the objectives of the Convention. The Committee therefore invites the Government to increase its efforts to reinforce social dialogue and, in consultation with the social partners, to find solutions to the economic difficulties with a view to the achievement of the objectives of full, productive and freely chosen employment. As it did in its 2013 observation, the Committee invites the Government to indicate the manner in which the experience and views of the social partners have been taken into account in the formulation and implementation of employment policy measures. Please also indicate the extent to which consultations have been held with representatives of the persons affected by the measures taken, particularly young persons, with a view to assessing the effective application of the Convention.

Youth employment. The Committee notes the Youth Employment and Entrepreneurship Strategy 2013–16, which includes 100 measures to promote the integration of young persons into the labour market. According to the observations made in August 2013 by the CCOO, there is a significant imbalance in the strategy, with greater budgetary weight being given to the promotion of entrepreneurship and self-employment, and to recruitment incentives, to the detriment of training. However, the CEOE assesses positively the main lines and the caution underlying the strategy. The differences between the social partners are fundamentally focused on the measures that promote contractual flexibility. Employers’ organizations insist that they are intended to respond to the need for young workers and those with little experience to gain access to the world of work through a first job, through the adoption of transitional measures (until the unemployment rate is under 15 per cent). The Committee requests the Government to provide an evaluation of the measures adopted in the context of the Youth Employment and Entrepreneurship Strategy 2013–16, with the participation of the social partners, to reduce youth unemployment and facilitate the long-term entry of young workers into the labour market, with particular emphasis on the most vulnerable categories of youth.

Education and vocational training policies and programmes. The Government indicates in its report received in November 2013 that individual entitlement to training is recognized by the granting to workers of annual paid leave of 20 hours for training related to the enterprise activity, which can be accumulated over a period of up to five years. The Government indicates that the public employment services have created individual training accounts, associated with the social security number, which will record the training received throughout a worker’s career. The Government also emphasizes that through the labour reforms the possibilities have been extended for training contracts and apprenticeships. The CEOE assesses positively the establishment in May 2013 of a tripartite social dialogue forum on the future of vocational training for employment. The CEOE recalls that, since 1992, successive national training agreements have been reached and expresses its readiness to renew and adapt the current agreements to the new and difficult situations that are threatening the economy and employment. In its report on the application of the Human Resources Development Convention, 1975 (No. 142), received in September 2013, the Government describes the measures and programmes promoted in the context of education policy. The Committee notes the efforts made since November 2012 to make progress with dual vocational training based on an increase in the training provided in enterprises. The Committee requests the Government to provide updated information in its next report on Convention No. 122 on the measures adopted to improve skill levels and to coordinate education and training policies with potential employment opportunities. Please also include information to enable the Committee to assess the manner in which, through social dialogue, guidance and training systems have been established which cover the skills and vocational training needs of enterprises, specific categories of workers and the regions most affected by the crisis.