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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

The Committee notes the observations submitted by the Trade Union Confederation of Workers Commissions (CC.OO.), received on 8 and 22 August 2014, which were also submitted by the Government with its report. The Committee further notes the observations of the General Union of Workers (UGT), received 29 August 2014. The Committee also notes the Government’s reply to these observations received on 25 November 2014 which will be examined in due course.

Application. The Committee notes that, according to the UGT, the statistics on labour inspection activities related to acts of discrimination are not disaggregated according to the specific grounds of discrimination, with the exception of sex, which makes it difficult to assess the incidence of discrimination on grounds of race, colour, religion and national extraction in the world of work. The Committee also notes the adoption of Instruction No. 3/2011 concerning the monitoring of effective equality between women and men in enterprises under which the function of labour inspectors of investigating discrimination is now permanent and is no longer exclusively contingent upon a complaint being lodged. Under this Instruction, the labour inspection activities will focus on: equality plans; discrimination in labour relations; and risk prevention, with a focus on gender; sexual harassment; and the reconciliation of work and family life. The Government provided information on the cooperation agreement concluded between the Ministry of Employment and Social Security and the Ministry of Health, Social Services and Equality, with a view to encouraging compliance with the regulations in force. Similarly, it provided information on judicial decisions handed down in cases of discrimination, as well as statistics on labour inspections carried out and infringements registered on grounds of sex and grounds other than sex. The Committee requests the Government to take measures with a view to collecting statistical information disaggregated by sex and by other grounds of discrimination, including race, colour, religion and national extraction, and to send information in this respect. The Committee also requests the Government to provide information on the measures adopted by the labour inspectorate, in particular on the number and the nature of the violations detected as well as on any judicial or administrative decisions concerning cases of discrimination, the sanctions imposed, remedies provided, and to provide copies of relevant judicial decisions.