Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Spain (Ratification: 1977)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2014 and 1 September 2015, the Trade Union Confederation of Workers’ Committees (CCOO), received on 17 August 2015 and also included in the Government’s report, and the General Union of Workers (UGT), received on 7 September 2015. The Committee also notes the observations of the International Organisation of Employers (IOE) and the Spanish Confederation of Employers’ Organizations (CEOE), received on 1 September 2015.

The Committee notes that most of the issues raised in the observations of the ITUC, the CCOO, the UGT, the IOE and the CEOE refer to provisions introduced by a legislative reform concerning industrial relations, particularly the primacy of enterprise-level collective bargaining and the procedure for setting aside provisions of collective agreements on economic, technical, organizational or production-related grounds. The Committee notes that these issues were examined by the Committee on Freedom of Association (Case No. 2947), which emphasized the importance of ensuring that the essential rules governing the system of industrial relations and collective bargaining were shared, to the maximum extent possible, by the most representative workers’ and employers’ organizations, and invited the Government to promote social dialogue to achieve this goal. The Committee requests the Government to provide information on the application in practice of the new provisions.