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

Private Employment Agencies Convention, 1997 (No. 181) - Spain (Ratification: 1999)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) included in the Government’s report. In addition, the Committee notes the observations of the General Union of Workers (UGT), the Spanish Confederation of Employers’ Organizations (CEOE), and the International Organisation of Employers (IOE), received on 1 September 2015. The Committee also notes the Government’s reply to those observations, received on 11 November 2015.

Article 13 of the Convention. Cooperation between the public employment service and private employment agencies. In its previous comments, the Committee requested the Government to provide its comments on the concern expressed by the CCOO relating to a framework agreement with employment agencies concluded by the public employment services in 2014. The Government indicates in its report that, in the meeting of the General Council of the National Employment System on 24 July 2013, information was provided on the framework agreement with employment agencies respecting collaboration with public employment services for the placement of the unemployed in the labour market. The Government adds that the central executive committee kept the social partners informed of the tender procedure for the selection of 80 employment agencies and other aspects of the framework agreement. In its new observations, the CCOO considers that the public services continue to be dismantled in the interest of private employment agencies, as demonstrated by the legislative amendments approved and the budgetary allocations for employment policy. The CCOO is not opposed to public–private partnership, as long as it does not involve a deterioration of the public services. The UGT expresses doubt on, among other issues, the placement objectives that must be met by the private employment agencies, the types of fees they can charge, the selection criteria for unemployed persons whose placement is administered by private employment agencies, and the possibility for unemployed persons to choose between the public employment service and the private employment agencies. The UGT also points out that the allocation set aside for the private employment agencies rose from €30 million in 2014 to €140 million in 2015, and the total is expected to rise to €175 million. The UGT considers that the decision is disproportionate and rushed as there has been no evaluation of the work carried out by the agencies. The CEOE and the IOE consider that, with the current employment rate, the support of the private sector is urgent and decisive. The work of private employment agencies is hampered by administrative difficulties, such as the requirement for private agencies to find unemployed persons a placement with an employment contract for at least six months full-time work during any eight month period, which is not a requirement in other European countries. The CEOE and the IOE consider that it is still necessary to improve the mediation mechanisms for employment, with the help of public–private partnership. In its reply, the Government indicates that the amounts received by employment agencies collaborating with the public employment service are determined by the placement work for the unemployed, on the basis of the contractual period of the person employed. The Government emphasizes that the payment system adopted by the framework agreement is based on payment by results, which is consistent with rules governing public contracts. The Committee recalls the requirement in the Convention that, in accordance with national law and practice and “after consulting the most representative organizations of employers and workers”, conditions shall be established and periodically reviewed to promote cooperation between the public employment service and private employment agencies. The public authorities are required to retain final authority for utilizing and controlling the use of public funds earmarked for the implementation of the labour market policy. The Committee requests the Government to indicate how, after consulting the social partners, the arrangements are revised for cooperation between the public employment service and private employment agencies in the context of the 2014 agreement.

Legislative developments. The Committee notes the information provided by the Government in its report on the legislative amendments relating to the placement agencies and the temporary work agencies introduced by Act No. 18/2014 of 15 October adopting urgent measures for growth, competitiveness and efficiency; and Royal Decree No. 4/2015 of 29 May, approving the regulations on temporary work agencies. The Committee requests the Government, taking into account the relevant provisions in the legislation in force (Act No. 18/2014 and Royal Decree No. 4/2015) for each Article of the Convention, to provide a report containing replies to all the questions in the report form on the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2017.]