Labour Relations (Public Service) Convention, 1978 (No. 151) - Spain (Ratification: 1984)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) (initially received on 4 August 2022), of the General Union of Workers (UGT), of the Spanish Confederation of Employers’ Organizations (CEOE) and of the Spanish Confederation of Small and Medium-sized Enterprises (CEPYME), transmitted by the Government, as well as of the Government’s comments in relation to all of these.

The Committee welcomes the information provided by the Government concerning the adoption of the Decision on the allocation of resources and streamlining of bargaining and participation structures (22 January 2021, State Secretariat for the Public Service) which clarifies the definition of “workplace” and facilities for trade union organizations with regard to bargaining time, representation (increasing the number of representatives) and their institutional involvement.

Article 6 of the Convention. Trade union elections for personnel posted abroad. The Committee previously invited the Government to discuss with the most representative organizations of public employees how to structure the representation of personnel posted abroad in order to promote their effective representation. In this respect, the Committee notes with interestthe adoption of the “procedure for the election of representative bodies of State Public Administration personnel working abroad” (Decision of 13 April 2021 of the State Secretariat for the Public Service promulgating the Agreement of 31 March 2021 of the State Public Administration Negotiating Committee). The Committee notes the Government’s indication that elections for trade union representatives were held in November 2021 and the single committee was setup, which has been in operation since March 2022 (comprising representatives from different organizations: 15 from the UGT, 12 from the CCOO and 10 from the Independent Central Union and Union of Public Servants (CSIF)).

Article 7. Determination of conditions of employment of personnel posted abroad and in the administration of justice. The Committee notes the observations of the CCOO claiming that: (i) no collective bargaining has been held for these employees for many years; and (ii) two preliminary bills affecting the conditions of employment of workers in the administration of justice system (on the organizational efficiency of the public justice sector and on procedural efficiency measures in the public justice service) are being dealt with, but no sectoral roundtable including the representative trade unions in the justice sector has been established. This situation is despite the fact that such a roundtable was requested in accordance with the requirements established in section 34(6) of the Public Employees’ Basic Statute (EBEP). The Committee requests the Government to provide its comment in this respect.

The Committee further notes that the UGT and the CCOO claim that the Government has failed to comply with existing agreements and that the Government has broad scope not to comply with collective bargaining agreements or adopted agreements. The CCOO indicates that such failures to comply have delayed the wage increases agreed upon and contained in the General State Budgets Act, partly due to the lack of negotiation or dialogue with the Government. The Committee notes the Government’s indication in its reply that: (i) section 33 of the Public Employees’ Basic Statute Act establishes that the preconditions for negotiation (principle of legality and budget coverage) limit the autonomy and freedom of the bargaining parties; and (ii) section 32 of the Statute guarantees compliance with collective agreements and agreements affecting public employees, except where, on an exceptional basis and for a serious reason relating to the public interest arising from a substantial alteration in economic circumstances, the executive bodies of public administrations suspend or modify the implementation of previously concluded collective agreements or accords to the extent that is strictly necessary to safeguard the public interest. The Committee requests the Government to provide information on thefrequency and conditions under which collective agreements and accordshave not been applied on the basis of section 33 of the Public Employees’ Basic Statute Act.

Article 8. Non-judicial dispute settlement mechanisms. The Committee recalls that in their previous observations, the UGT and CCOO alleged the absence of non-judicial dispute settlement mechanisms for public employees (provided for in section 45 of the EBEP). The Committee notes the Government’s reply, in which it reiterates the text of section 45 of the EBEP and indicates that the IV Single collective agreement for State Public Administration employees (Decision of 7 March 2022) provides for recourse to the Joint Committee (prior to the submission of a collective dispute) and mediation. In this regard, the Committee requests the Government to provide information on the use in practice of the various non-judicial dispute settlement mechanisms (including the number of conflicts submitted and resolved by them).

The Committee also notes the observations of the UGT with respect to the unilateral imposition of conditions of employment without following the established procedures for renegotiation and recourse to non-judicial dispute resolution mechanisms. The Committee notes the Government’s reply that collective bargaining does not often fail completely and that, in the event that no agreement is reached, the administration takes into account progress made in the bargaining in determining the conditions of employment. In this regard, the Committee notes that section 38(7) establishes that in the event of failure to reach agreement in the negotiation or renegotiation provided for in the last subparagraph of paragraph 3 of this section, and once non-judicial dispute resolution procedures, where appropriate, have been exhausted, it shall be for the executive bodies of public administrations to establish the conditions of employment of employees with the exceptions provided for under paragraphs 11, 12 and 13 of this section.In the light of the foregoing, the Committee requests the Government to provide information on the frequency with which executive bodies of the public administration establish the working conditions of public employees – once the mechanisms established under article 38(7) have been exhausted.

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

The Committee notes the observations of the General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions (CCOO), both received on 1 September 2015.

Article 6 of the Convention. Trade union elections for personnel posted abroad. In relation to its previous comments, the Committee notes the Government’s indication in its report: (i) that the trade union elections for personnel posted abroad were suspended due to exceptional circumstances relating to the high cost that impeded, during a difficult economic period, the electoral process; and (ii) that it was decided to establish a single constituency, as the elections agreement involved a broad diversity of constituencies, and significant economic, legal and practical difficulties arose during the implementation of the election procedure. Taking due note of the Government’s explanations and emphasizing the importance of ensuring appropriate representation of all public employees, and of the availability to representatives of recognized public employees’ organizations of appropriate facilities to enable them to carry out their functions, the Committee trusts that the trade union elections for personnel posted abroad will be held in the near future. In this respect, taking into account that a single global constituency may give rise to practical issues in terms of appropriate representation, and in the light of the number of public employees and the specific conditions in the various destinations, the Committee invites the Government to discuss with the most representative organizations of public employees how to structure the representation of personnel posted abroad in order to promote their effective representation.

Article 8. Out-of-court dispute settlement procedures. The Committee notes the observations of the UGT and the CCOO alleging the absence of a system of out-of-court dispute settlement for public employees, even though the trade unions have requested the establishment of such a system, and the possibility of its creation is envisaged in section 45 of the Public Employees Basic Statute. The Committee requests the Government to send its comments on this matter.

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

The Committee notes the observations of the General Union of Workers (UGT), received on 29 August 2014, concerning the application of the Convention.

The Committee observes that most of the issues raised have been submitted to, and examined by, the Committee on Freedom of Association (Case No. 2947). The Committee requests the Government to forward additional comments on the observations of the UGT relating to the new legal provisions (Royal Legislative Decree No. 20/2012) applicable to trade union elections for personnel posted abroad.

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee noted previously that the General Union of Workers (UGT) had sent comments, by its communication of December 1999, on the application of the Convention with regard to the determination of wages for public employees residing outside Spain. The UGT states that these employees do not participate in the determination of their wages, which are subject to unilateral decisions by an Executive Committee of the Inter-Ministerial Committee on Remuneration (CECIR). This Committee interprets the conclusion of collective agreements in an arbitrary manner, adapting them to national circumstances - as required by the legislation in force - but without any involvement of the trade unions. According to the UGT, such conduct implies a clear failure to respect the rights of participation recognized in the national legislation and in the Convention.

The Committee notes the information in the Government’s report to the effect that employees residing outside Spain are approximately 5,000 in number and are excluded from the Unified Agreement by virtue of section 1.4 thereof, in view of the characteristics of this group and the heterogeneous nature of the legal standards which govern their labour situation. Since 2002, negotiations have been taking place for drawing up a standard governing minimum conditions, in order to standardize the conditions of work of staff subject to local legislation. These negotiations were on the point of being completed in April 2002 with an agreement which ultimately was not signed by the trade unions, because they had demanded as a condition that the legislation should cover a group accounting for a large proportion of all the staff in this category, and this would have completely distorted the purpose of the negotiated document. The Government indicates that negotiations for concluding the abovementioned agreement on minimum conditions are currently blocked, and that the administration is retaining the abovementioned text of April 2002 as a basis of any future negotiations.

The Committee requests the Government to keep it informed of any developments relating to any future negotiations in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the General Union of Workers (UGT) has sent observations on the application of the Convention with regard to the determination of wages for public employees residing outside Spain. The Committee requests the Government to forward its comments in this respect.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and recalls that in its previous comments it requested the Government to provide information on how collective bargaining is conducted in practice in the case of civilian personnel of the armed forces appointed under a private work contract.

The Committee duly notes the Government's observations to the effect that civilian public servants working for the Military Administration negotiate through the Public Service Negotiating Bureau established by section 30 et seq. of Act No. 9/1987, and that staff working in the service of the Military Administration have the negotiating systems recognized in Title III of the Workers Regulations (Act No. 8/1980 of 10 March), concerning the establishment of working and social conditions through collective agreements, the latest of which was published in the Resolution of 23 June 1992, the year in which its initial validity was extended.

The Committee asks the Government to provide the texts of any collective agreements concluded by civilian public employees in the service of the Military Administration.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

With reference to its previous comments concerning the right of civilian personnel in the armed forces to collectively negotiate their terms and conditions of employment, the Committee requests the Government to supply information on the manner in which the above collective bargaining takes place with reference to civilian personnel in the armed forces who are engaged under private contracts of employment.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the comments made by the Trade Union Confederation of Workers' Committees (CC.OO.) stating that the civilian employees of the armed forces do not enjoy basic trade union rights, in particular the right to strike and to conclude collective agreements.

The Committee also notes the contents of Act No. 7/1990, of 19 July 1990, on collective bargaining and participation in the establishment of the working conditions of public employees, which amends Act No. 9/1987, Chapter III, by establishing representative bodies, entitled to determine the working conditions and participation of employees serving in the public administration, all of which reinforces the application of the Convention

The Committee takes due note of the Government's statement that civilian employees of the armed forces are covered by Act No. 7/1990 and considers that, in view of the available information, this point does not call for further comment.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government and of the comments made by the Trade Union Confederation of Workers' Commssionss (CC.OO.). According to the CC.OO the civilian employees of the armed forces do not enjoy the basic collective rights, in particular freedom of association, the right to strike and the right to bargain collectively. The Government states that civilian employees of the armed forces, firemen and prison staff are covered by the application of Act No. 9/1987 of 12 June respecting representative bodies, the establishment of conditions of work and the participation of public administration employees, and that its legislation on this point is in conformity with Articles 5 and 6 of the Convention. The Committee takes due note of the Government's statement in this respect and considers that this point, at the present stage of available information, does not call for further comment.