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

Equal Remuneration Convention, 1951 (No. 100) - Spain (Ratification: 1967)

The Committee notes the observations submitted by the Trade Union Confederation of Workers’ Commissions (CCOO), received 12 and 29 August 2014, and also forwarded by the Government. The Committee also notes the observations sent by the General Union of Workers (UGT), received on 29 August 2014. The Committee notes the Government’s reply to these observations, received on 25 November 2014, which will be examined in due course.

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes that both the UGT and the CCOO refer to an increase in the wage gap and to the ineffectiveness of measures adopted to overcome this. They indicate that the measures adopted by the Government to cope with the crisis have resulted in an increase in unemployment, part-time work and the concentration of women in low-paid jobs. The UGT indicates that the wage gap is much wider in areas such as the hotel sector and in occupations requiring high academic qualifications. The CCOO refers to the flexibility imposed by Act No. 3/2012 of 6 July 2012 reforming the labour market, which has resulted in discrimination against women; for instance, there has been a decline in assistance provided to enterprises employing women upon their return from maternity leave, and part-time work and domestic work is becoming precarious. In this respect, the Committee notes that, according to the Government, the adoption of Act No. 3/2012 has led to an increase in the assistance provided to enterprises recruiting women, the abolition of sexist naming of occupational groups, the modification of nursing leave to benefit both men and women and greater flexibility in part-time work and teleworking.

The Government acknowledges that the wage gap in hourly pay was reduced between 2002 and 2010, but that since then it has increased from 16.2 per cent in 2010 to 17.8 per cent in 2012. The Committee further notes that, according to a survey carried out in the context of the Strategic Plan for Equality of Opportunity (PEIO) (2014–16), 73.26 per cent of part-time workers are women and that their annual income was, for the previous period (2008–11), 22.99 per cent lower than that of men. The employment rates for women are also considerably lower than those of men, and there is a marked segregation in the areas of education and work. The horizontal and vertical segregation in the labour market is demonstrated by the feminization of sectors such as education (67 per cent women), health and social services (77 per cent women) and domestic work (88 per cent), while the construction, transport and agricultural sectors employ more than 77 per cent of men. Women are also more highly represented in less-skilled occupations and only 3.2 per cent hold positions of responsibility. With regard to segregation in education, women enrol mainly in health and education and are less represented in architectural and engineering studies, for example. In this respect, the Government adds that the first priority of the PEIO 2014–16 is to combat wage discrimination and monitoring compliance with standards relating to wage equality. The Committee notes, however, that the Government has provided very little information on the adoption of specific measures to address the wage gap and the marked discrepancy between men and women in education and employment. The Committee recalls that wage differentials remain one of the most persistent forms of inequality between men and women and that more proactive measures must be taken to raise awareness of, evaluate, promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take specific measures, including in the framework of the PEIO 2014–16, to take effective action to address the gender wage gap. The Committee also asks the Government to take measures in the area of education and vocational training to address the significant occupational segregation and to enable women to have greater access to non-traditional careers and positions of responsibility. The Committee asks the Government to provide information on this matter, including data disaggregated by sex on the participation of men and women in the labour market (indicating the occupational sectors and level of income), as well as information on education and vocational training.

Labour inspection. The Committee notes that, according to the UGT, the action taken by the labour inspectorate to address the wage gap is inadequate. The Committee notes the Government’s indication that the labour inspectorate carries out regular campaigns against wage discrimination and refers to the results achieved between 2010 and 2013. The Government refers to the adoption of Instruction No. 3/2011 on the monitoring of effective equality between men and women in enterprises, under which the monitoring of discrimination is a permanent function of the labour inspectorate. The Committee asks the Government to continue providing information on the measures taken and investigations carried out by the labour inspectorate, particularly concerning actions under Instruction No. 3/2011.