Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Spain (Ratification: 1985)

The Committee notes the observations of the General Union of Workers (UGT), received on 22 August 2016, and the Trade Union Confederation of Workers’ Commissions (CCOO), received on 31 August 2016, and the Government’s reply to their observations.

Articles 3 and 5 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. Other members of the immediate family. In its previous comments, the Committee requested the Government to provide information on the impact of Act No. 39/2006 on the promotion of personal autonomy and care for persons in a situation of dependence, including statistical data on beneficiaries. The Committee notes the Government’s indication that, as of 31 March 2016, there were 802,269 beneficiaries, 64 per cent of whom were women and 36 per cent of whom were men. Persons aged between 65 and 79 years represented 17.90 per cent of the beneficiaries (17.25 per cent of women and 19.14 per cent of men) and persons aged 80 years and older accounted for 53.94 per cent (63.79 per cent women and 34.97 per cent men). The Committee notes that, according to the CCOO and the UGT, budgetary reduction measures have had a serious impact on the benefits established under Act No. 39/2006, which have been significantly reduced or require significant cost-sharing by the beneficiary. According to the trade union organizations, this has a negative impact on workers with dependants. The Committee requests the Government to provide statistical data, so that it can assess trends over the years in the number of persons benefiting from the system to promote personal autonomy and care for persons in a situation of dependence, as well as on the level of benefits provided and the level of cost-sharing by beneficiaries in such benefits. The Committee also requests the Government to provide information on the number of workers, disaggregated by sex, who have requested extended leave.

Article 5. Services and benefits for the care of children and other family members. In its previous comments, the Committee requested the Government to report on the measures adopted with a view to making childcare for children under the age of three years accessible to the greatest number of workers who need them, both in terms of the number of places available and the costs. The Committee notes the Government’s indication that early childhood education is divided into two cycles: the first is for children aged from zero to two years and the second is for children aged from 3 to 5 years, and the latter is free. The Government adds that the net school enrolment rate in the first cycle increased from 28.8 per cent in 2010–11 school year to 32.8 per cent in 2013–14, and that 95 per cent of children aged three years and 97 per cent of children aged 4 and 5 years were enrolled in school. The Committee notes that, according to the UGT, there are only three places in nursery school for every ten children aged from zero to 3 years, and that school canteens have been reduced in many schools. This obliges workers, mostly women, to take extended (unpaid) leave to assume their family responsibilities. The Committee requests the Government to continue taking measures compatible with national conditions and possibilities with a view to expanding care facilities for children under 3 years of age so that such facilities are accessible to the greatest number of workers who need them, both in terms of the number of places available and the costs.

Article 7. Re-entry into the labour force of men and women workers with family responsibilities. The Committee notes the signing by the Government and the workers’ and employers’ organizations on 15 December 2014 of the agreement on the extraordinary programme for employment activation, which provides for the adoption of vocational guidance, training, requalification and/or work experience recognition measures to facilitate the reintegration into the labour force of persons with family responsibilities who have been unemployed for long periods. The Committee requests the Government to provide information on the impact of the measures adopted, including statistical data on the number of beneficiaries.

Article 9. Collective bargaining. The Committee notes the Government’s indication that collective bargaining plays an important role in the reconciliation of the personal, family and working lives of workers. The Committee requests the Government to provide information on the specific issues relating to the reconciliation of family and work responsibilities regulated through collective bargaining, including statistics on the numbers of collective agreements concluded, the sectors and the number of workers covered, disaggregated by sex.

Article 11. Equality plans. In its previous comments, the Committee requested the Government to report on the impact of the equality plans adopted in enterprises in the application of the Convention. The Committee notes that, according to the CCOO and the UGT, the Government still has not undertaken an evaluation of the impact of these equality plans, as envisaged in Act No. 3/2007. The Committee notes the Government’s indication that enterprises with more than 250 employees are not required by law to report their equality plans in a public register, which makes it difficult to know the real situation regarding the plans actually adopted. However, equality plans that have been adopted in the context of collective agreements, as well as agreements that approve equality plans in enterprises where collective wage bargaining has taken place, must be published in the Official State Bulletin (BOE). The Government adds that 657 subsidies have been granted to enterprises with between 30 and 250 workers that have voluntarily adopted equality plans in order to fully or partially cover the costs associated with the implementation of such plans. The Government also refers to the creation in March 2013 of an advisory service on equality plans and measures in enterprises on its website. Since its creation, 132 entities have registered for this service, 38 of which are enterprises with more than 250 workers. The Committee requests the Government to provide information on the advice provided by the Government in relation to the application of the Convention to enterprises wishing to adopt equality plans and on any evaluation of such plans carried out pursuant to Act No. 3/2007.