Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Spain (Ratification: 1984)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 11 and 17 August 2017, respectively. The Committee also notes the Government’s replies to the previous observations of the CCOO and the UGT, included in its report.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided in the Government’s report regarding the consultations carried out with the social partners between 2014 and 2017. With regard to the previous observations of the trade union organizations, the Government indicates that, between 2014 and 2016, the reports on ratified Conventions were sent to the social partners at the same time as they were provided to the ILO. The Government indicates that, on occasions, the reports were not sent first to the social partners, owing to the high number of reports to be drafted and their complex preparation, which entails requesting reports from various ministries. However, it states that it will undertake, as far as possible, to send the reports to the social partners before they are sent to the ILO so that their observations can be incorporated into the corresponding report and that the Government can respond to them. In this context, the UGT indicates in its observations that this year, the Government sent the reports on the ratified Conventions to the social partners on 7 July 2017. The UGT appreciates this change in the Government’s approach. Additionally, the UGT and CCOO maintain that the procedure of written consultation is inadequate to guarantee the effective consultation with the social partners required under the Convention. The UGT therefore refers to the need to study the possibility of applying a new consultation procedure, through either a committee specifically in charge of matters relating to ILO activities or a body with general competence in the economic, social or labour fields. The CCOO indicates that no consultations were held with the social partners on the implementation or functioning of the procedures envisaged in the Convention. In its reply, the Government refers to the establishment of the Economic and Social Council in 1991, a governmental consultative body dealing with socio-economic and labour issues, attached to the Ministry of Employment and Social Security. The Government adds that the tripartite consultations were held in a way deemed appropriate, through written communication, and that the social partners did not request that meetings should be held on matters related to the reports. The Committee recalls that in Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), the possible ways for member States to carry out the consultations required by the Convention are listed. Under the terms of the Recommendation, the consultations should not be undertaken through written communications except “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient” (see 2000 General Survey on tripartite consultation, paragraph 71). The Committee requests the Government to continue providing up-to-date information on the content and outcome of the tripartite consultations held on all matters related to international labour standards covered by the Convention. The Committee also requests the Government to indicate how it takes into account the opinions expressed by the representative workers’ organizations on the functioning of effective prior consultative procedures required under the Convention, as well as the possibility of establishing amended procedures in response to the concerns expressed by the trade union organizations in their observations.