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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Measures to meet family responsibilities during the COVID-19 pandemic. The Committee notes that the Government refers in its report to the adoption of the MECUIDA Plan, in force until May 2021, which provides the right to workers to adapt their working day, and the possibility to reduce hours of work according to care-giving responsibilities towards dependent persons due to circumstances arising from the COVID-19 pandemic.

Articles 3 and 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. The Committee notes the Government’s indication that: (1) the Equal Opportunities Strategic Plan 2014-2016 to reconcile personal, family and work life and share responsibilities, was implemented to 91 per cent; (2) the Strategic Plan for Effective Equality between Women and Men 2021-2025 is under preparation; (3) Under the II Plan for Equality between Women and Men in the General State Administration (AGE) and its public bodies, guidelines have been elaborated on reconciling personal, family and work life in the AGE; and (4) the III Gender Equality Plan in the AGE and connected or dependent public bodies includes the updating of the guidelines for leave and the work-life balance, as well the elaboration of a staff satisfaction survey on the need for a work-life balance. The Committee requests the Government to provide detailed information on the implementation and impact of the III Gender Equality Plan in the AGE and connected or dependent public bodies, and on progress in the adoption and implementation of the Strategic Plan for Effective Equality between Women and Men 2021-2025.

Article 4(b). Hours and form of work. The Committee notes with interest the Government’s indication that Royal Decree-law No. 6/2019 of 1 March, on urgent measures to ensure equality of opportunity and treatment between women and men in employment and occupation, establishes the right to request flexible forms of work to give effect to the right to reconcile family and work life, and that: (1) flexible work concerns working time arrangements as well as the way in which the work is performed, and includes remote work; (2) terms and conditions shall be agreed through collective bargaining or, it its absence, by negotiation between the enterprise and the individual worker, and (3) there shall be the right to return to the previous contracted working time or form of work on completion of the period granted, or when altered circumstances justify it. In this regard, the Committee notes that the CCOO reiterates its previous observations that, regarding legal guardianship provisions in section 37 of the Workers’ Statute should have been amended, as they provide that the reduction of working hours may only be taken by applying the reduction to the working day. Moreover, the CCOO states that by establishing that collective agreements may set the criteria for fixing timetables according to the right to work-life reconciliation and to the enterprise’s organizational and production requirements places that right at the same level as enterprises’ organizational and production requirements. The Committee also notes, with regard to the public sector, that the Government refers to: (1) the Resolution of 28 February 2019 of the Secretary of State for the Public Service, issuing instructions on the working day and hours of work of the personnel of the General State Administration and its public bodies, which establish the possibility for public servants to work a shorter working day from 1 June to 30 September to allow for family and work life reconciliation, and the possibility to accumulate a reserve of overtime hours; and (2) Royal Decree No. 29/2020 of 29 September, on urgent measures for teleworking in the Public Administration and for human resources in the National Health System to counter the COVID-19 health crisis, under which the express authorization of telework is included in the Basic Public Employment Statute.

With regard to part-time work, the Committee also notes the Government’s indication that: (1) Royal Decree-law No. 6/2019 amends section 12(4)(d) of the Workers’ Statute to establish that the rights of workers on part-time work, which are the same as those of workers on full-time work, shall be recognized on a pro rata basis according to hours worked, where appropriate and with regard to their nature, “in all cases guaranteeing the absence of direct or indirect gender discrimination”; (2) according to the “Women in numbers” database, in 2018 women represented 95.2 per cent of persons in part-time work due to care-giving responsibilities (minors, unwell or elderly adults or persons with disabilities). The CCOO also indicates that, according to data from the National Statistical Institute, out of a total of 700,250 men and 1,996,750 women working part-time surveyed, the most commonly cited reason for undertaking part-time work was the inability to find full-time work, followed by providing care for children or unwell or elderly adults or those with disabilities, for women, and other reasons for men. The Committee also observes the Government’s indication that: (1) Royal Decree-law No. 8/2019 of 8 March on urgent measures for social protection and to combat precarious work in the working day, regulates the registry of hours of work and establishes that infringements of rules and legal limits in respect of hours of work, overtime hours and supplementary hours is classified as a serious violation; (2) as regards teleworking, under Basic Act No. 3/2018 of 5 December, on Protection of Personal Data and guarantee of digital rights, digital disconnection is recognized as a right that guarantees respect for the personal privacy of the worker and his or her family. The Committee requests the Government to provide information on: (i) the number of workers in the public and private sectors who have made use of a flexible working-time measure or a specific form of work to reconcile their family and work responsibilities, disaggregated by sex; (ii) application of the right to request flexible forms of work to give effect to the right to reconcile family and work life, provided under Royal Decree-law No. 6/2019, for workers in part-time work; and (iii) whether any working time or overtime violations have been noted in respect of workers with family responsibilities who have made use of flexible forms of work, or who are working part-time, as well as any legal or administrative judgment, the sanctions imposed and remedies granted in such cases.

Leave systems. The Committee notes with interest the Government’s reference to the amendment of section 48.4 of the Workers’ Statute which brings together maternity and paternity leave in a single “leave for the birth and care of a child”, and which grants 16 weeks’ non-transferable paid leave to each parent, the first six weeks to be taken immediately following the birth, without interruption and full-time, and the remaining ten weeks to be taken as decided by the parents, in whole or in stages until the child reaches 12 months of age. The Government also specifies that: (1) a similar scheme is provided for in cases of adoption, guardianship for adoption and fostering; (2) section 37.4 of the Workers’ Statute has been amended to broaden and regulate “leave for the care of the infant” (previously leave “for breastfeeding the child”), establishing that such leave is individual and non-transferable for both parents, adoptive parents, guardians or foster parents, and that, in respect of both parents, the period of leave may be extended until the infant reaches 12 months of age, in place of the nine months provided; and (3) provision has been made for an extension (from 15 to 18 months) of the allotted period of leave if both parents take leave to provide child-care in large families. With regard to the public sector, the Committee observes that section 48(f) of the Basic Public Employment Statute has been amended to: (1) allow for an equal period of leave of 16 weeks’ duration for “parental leave for the biological mother”, and “leave for adoption, for guardianship for adoption or fostering, whether temporary or permanent”, and “leave for the parent other than the biological mother for birth, guardianship for adoption, fostering or adoption”; and (2) extend leave for breastfeeding a child under the age of 12 months to both parents, adoptive parents, guardians or foster parents. The Committee requests the Government to provide information on the application of the new leave systems, including statistics, disaggregated by sex and family responsibilities, on the number of women and men who have taken the leave, its effective duration and the modalities under which it has been taken.

Article 5. Services and benefits for the care of other members of the family. In its previous comments, the Committee requested the Government to provide statistical data on the number of persons benefiting from the system to promote personal autonomy and care for persons in a situation of dependence (SAAD), on the level and cost of the benefits. The Committee notes that, according to the Government, the number of beneficiaries of the SAAD has increased progressively and as at 30 April 2021, stood at a total of 1,141,950 beneficiaries in receipt of a total of 1,453,373 services and benefits. The Government also reports that in 2017 the minimum level of SAAD benefits was updated, including both service provision (promotion of personal autonomy and prevention of situations of dependence, telecare, home-help, day or night centres and residential care), as well as financial benefits (services, personal assistance and care in the family setting). Regarding the financing of these benefits, the Committee observes that the Government has provided statistics relating to their average cost and indicates that the system is financed through contributions from the public administrations (AGE and the Autonomous Communities) and the participation of the beneficiaries. The Committee also notes that the CCOO and the CEOE refer to an agreement of 2021 between the Government and the social partners to reinforce the care system for dependent persons, which provides, among other measures and objectives, for an increase in SAAD financing, and a reduction in the waiting list for handling of requests. The Committee requests the Government to provide information on the impact of the services provided by the SAAD on workers with family responsibilities (such as integration or reintegration in the labour market, increased working hours or return to the forms of work prior to implementation of flexibility measures). The Committee also requests the Government to provide information on any measures adopted in application of the 2021 agreement between the Government and social partners to reinforce the care system for dependent persons, as well as on any other measures adopted or envisaged to facilitate access to SAAD services to as many workers with family responsibilities as possible.

Services and benefits for the care of children. The Committee notes the Government’s indication that in 2020, The Institute for Women (IMs) subsidized the promotion of the implementation and/or development at municipal level of employment plans with a gender perspective to contribute to facilitating care for minors and other groups. The Committee also observes, according to the Government, that the Plan for the Promotion of Rural Women 2015-2018 addressed the need to provide better services in rural areas, to reconcile personal, family and work life and build responsibility-sharing in those areas. The observations of the CCOO also indicate that the provision of a network of social and educational services, including universal access to schooling for children from 0 to three years old would strengthen the promotion of effective gender equality at all levels of society. The Committee requests the Government to provide information on the impact of the measures adopted to facilitate access to care for children under 3 years of age, especially in rural areas, to make the care accessible to as many workers that need it as possible, both in terms of the number of places available and cost.

Article 7. Reintegration into the labour force of men and women workers with family responsibilities. The Committee observes that the Government refers to Act No. 6/2017 of 24 October, on Urgent Reforms for Self-employment, amending the Self-employed Workers’ Statute with regard to the right of self-employed women workers who interrupt their activity as a result of maternity, adoption, guardianship or fostering of a child, to a reduction in the self-employed workers’ contributions for 12 months if they return to work within 2 years from the date of the interruption. The obligation, to obtain access to the reduction in contributions, of employing an interim worker to replace the self-employed worker is removed. The Committee requests the Government to provide information on the number of beneficiaries of the reduction for self-employed women workers. The Committee also requests the Government once again to provide information on the impact of the agreement on the extraordinary programme for employment activation signed by the Government and the workers’ and employers’ organizations on 15 December 2014.

Article 9. Collective bargaining. The Committee notes the Government’s indication regarding the adoption of the IV Single collective agreement for General State Administration workers, which establishes, in its section 6, that “reconciliation of family, personal and work life shall be a basic principle of the human resources policy of the General State Administration” and recognizes that promoting the principle of such reconciliation underlies questions of working time and leave, recruitment and mobility, and training and upgrading of skills. The Committee requests the Government to provide information on the specific issues related to reconciliation of family and work responsibilities regulated by collective bargaining in the public and private sectors, including: (i) statistics on the number of collective agreements concluded; (ii) the sectors and numbers of workers disaggregated by sex covered by the agreements; and (iii) the number and nature of any complaints filed by workers under the provisions of the agreements and the results thereof.

Article 11. Equality plans. In this connection, the Committee refers to its comments formulated in respect of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and notes that the prior negotiated analysis for the elaboration of equality plans must take responsibility-sharing into consideration in the exercise of personal, family and professional rights (including, for example, information on the number of leave periods taken by workers, and their reasons, on the criteria applied and channels used to inform men and women workers of their work-life reconciliation rights, and an analysis of the ways in which enterprise prerogatives particularly affect persons with care-giving responsibilities. The Committee also observes that the equality plans must include information on measures for responsibility-sharing when exercising the right to reconcile personal, family and work life. The Committee requests the Government to provide information on the trends identified in the prior analyses and the types of measures generally adopted in the equality plans to reconcile family and work responsibilities.

General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Article 4(b) of the Convention. Conditions of employment and social security. The Committee notes that the Government reports the adoption of Royal Decree No. 3/2021 of 2 February adopting measures to reduce the gender gap and other matters in the economic and social security fields, which replaces the “maternity supplement” (considered to be discriminatory by the European Court of Justice decision of 12 December 2019) by the “contributory pension supplement to reduce the gender gap”. The Government reports that the objective is to correct a pension situation that was structurally unjust in the case of women who assumed childcare responsibilities, and also to reduce the pension gender gap to less than 5 per cent. The number of children is taken as the criterion for the supplement, which is available to mothers and to fathers who can show that the assumption of childcare responsibilities at the birth or adoption of a child negatively impacted their regular contributions. The Committee observes the CCOO’s indication that there is a persistent gender gap in the social security system, partly due to the role of women as caregivers in the home and family environment, and that while work-related and social security measures for the protection of workers have contributed to narrowing the gap, more far-reaching measures should be taken to ensure effective equality at all levels of society. The Committee also notes the detailed information provided by the Government on the increased amounts of the childcare allowances for dependent children, for children with disabilities, for children in large or single-parent families, for mothers with disabilities, and for dependent adult children with disabilities, and the revision of the requirements for access to the allowances. The Committee further notes the Government’s indication that the creation of a “minimum subsistence income” benefit has been approved by Royal Decree No. 20/2020 of 29 May. The Government explains that entitlement to this benefit is incompatible with entitlement to the childcare allowances provided for persons with children without disabilities or with a disability of less than 33 per cent, and that the provision of the latter benefit ceased as of June 2020, as it is now covered by the minimum subsistence benefit. The Government also refers, in respect of financial benefits for children suffering from cancer or other serious diseases, to the wider range of diseases covered by this benefit, as well as a more flexible approach to the requirement for continuous review. The Committee takes due note of all the information provided and trusts that the application of the contributory pensions supplement and the minimum subsistence income will have the desired effect in reducing the gender gap. The Committee requests the Government to provide information on any developments in this regard and on the number of persons, disaggregated by sex and family situation, who are in receipt of these benefits.

The Committee is raising other matters in a request made directly to the Government.

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

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.

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

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 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. In its previous comments, the Committee requested the Government to continue to provide information on the implementation in practice of all the measures adopted to apply the Convention, particularly Basic Act No. 3/2007 on effective equality between men and women and the related agreements. In this respect, the Committee notes that the UGT and the CCOO refer to the adoption of Act No. 3/2012 of 6 July 2012 on urgent measures to reform the labour market, which introduces amendments to the revised text of the Workers’ Charter and which, according to the trade union organizations, signifies a step backwards from the progress that had been made following the adoption of Basic Act No. 3/2007. The UGT and the CCOO refer in particular to: the ending of subsidized contributions for women who return to work within two years following the maternity leave or extended leave, the restriction on the right to a reduction in working time for legal guardianship, the unilateral power of the employer in respect of flexible working arrangements for the reconciliation of work and family life, and the failure to extend paternity leave to four weeks, as envisaged. They also indicate that measures to promote shared responsibilities between men and women have not been adopted.

The Committee notes in this respect the Government’s indication that, while the new Act reduces the subsidy for mothers who have made use of leave or have been on extended leave, it increases assistance to enterprises that hire women who were unemployed. With regard to working time reductions for childcare, which can no longer be accumulated on a weekly or monthly basis, the Government indicates that these measures seek to optimize work–life balance without prejudicing the organization or functioning of the enterprise, but that other types of working time arrangements and measures for the reconciliation of work and family life can be agreed through collective bargaining at the enterprise level. With respect to the postponement of the extension of paternity leave to four weeks, the Government explains that this measure was proposed because such an extension would have a significant impact on the social security budget, but that its entry into force is envisaged for January 2017. The Committee notes that the Act also provides that entitlement to nursing breaks apply not only to women workers, but also to men workers, and that absences owing to family responsibilities will not be counted as absence from work. The Committee further notes that the Government reports the adoption of the Second Plan for Equality in the General Administration of the State and its Public Bodies, as well as the Equal Opportunities Strategic Plan 2014–16, the Comprehensive Family Support Plan 2015–17 and the Plan for the Promotion of Rural Women 2015–18, which include measures to facilitate the reconciliation of work and family life. The Committee requests the Government to continue providing information on the application in practice of Act No. 3/2007 and on the effect in practice of Act No. 3/2012 on the policy to enable men and women workers to reconcile their work and family responsibilities, particularly with respect to the reduction of working time and the extension of paternity leave to four weeks. The Committee also requests the Government to provide information on the specific measures adopted for the application of the Convention under the plans mentioned above and on any collective agreements that contain clauses on reducing working time.

Article 4. Part-time workers. In its previous comments, the Committee requested the Government to indicate whether men or women workers who choose to work part time have the same training opportunities as full-time workers. The Committee notes the Government’s indication that part-time workers have the same rights as full-time workers under the provisions of section 12.4(d) of the Workers’ Charter. The Government also refers to sections 4.2 and 23, which recognize the right of all workers to vocational training. The Committee notes that, according to the CCOO and the UGT, the current regulations have made part-time work much more flexible, which implies that it is no longer voluntary and that workers have to be available for longer periods to the enterprise, which has a negative impact on the reconciliation of work and family life. This especially affects women, who account for 74.19 per cent of part-time workers. The Committee notes the Government’s indication that Royal Decree No. 16/2013 of 20 December on measures to favour stable employment and improve workers’ employability establishes limits on overtime for part-time workers, and that overtime may not be applicable for workers with family responsibilities. The Government adds that part-time work in itself is a way to reconcile family and work responsibilities. The Committee requests the Government to take measures with a view to ensuring that the situation of workers with family responsibilities is taken into account when giving effect to Royal Decree No. 16/2013, which contains provisions on part-time work and overtime. The Committee also requests the Government to provide statistical data on the number of workers with family responsibilities who work full time and part time, disaggregated by sex, including the hours worked.

Article 4(b). Conditions of employment and social security. The Committee notes the adoption of Act No. 27/2011 of 1 August 2011 updating, adjusting and modernizing the social security system, which establishes that the period during which work is interrupted due to the birth of a child or the adoption or care of a child under 6 years of age, as well as the three-year period of extended leave to which men and women workers are entitled for the care of each child or minor in their care, shall be counted as effective periods of contribution for the purposes of social security benefits. The Committee also notes the amendment of the General Social Security Act, through the introduction of a “maternity supplement” for the pensions of women who have given birth to or adopted children, and the adoption of Act No. 25/2015 of 28 July 2015 introducing “second chance” measures, a reduction of costs and other social measures, which amends the Charter for Self-Employed Workers and provides for the coverage of 100 per cent of the contribution for common contingencies for self-employed workers with a view to the reconciliation of work and family life in relation to employment. The Committee nevertheless observes that, according to the UGT, the adoption of anti-crisis and public cost-cutting measures has resulted in a significant reduction of maternity and paternity benefits. The Committee requests the Government to provide information on the impact that anti-crisis and public cost-cutting measures have had on the social benefits granted to workers with family responsibilities, including statistical data, so that it can assess the changes in these benefits over the years.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4. Part-time workers. The Committee notes the statistical information sent by the Government on the number of women workers and notes that women workers accounted for 45.8 per cent of all contracts registered. The Committee notes that 47.4 per cent of these have contracts for an unspecified period of time and 45.7 per cent have temporary contracts, and that 62.5 per cent of women work part time. The Committee further notes the information from the Government to the effect that women are well represented in training (49.3 per cent of unemployed women and 43.9 per cent of women in employment). The Committee requests the Government to indicate whether men and women workers opting for part-time work have the same opportunities for training as full-time workers.

Dependent children. The Committee notes the statistical information sent by the Government on trends in the supply of care services for children under 3 years of age, showing that the number of places available almost doubled between 2004 and 2009, covering 34 per cent of needs. The Committee notes, however, that in the framework of the Active Population Survey of 2010, in the responses on reconciling work and family life, six of every ten respondents found services to be very expensive. The Committee requests the Government to provide information on the measures adopted to ensure that child care for children under the age of 3 is accessible to as many workers as possible who need it, in terms both of costs and places available.

Article 11. Equality plans. The Committee notes that Basic Act No. 3/2007 establishes that enterprises with more than 250 workers, or where so established in collective agreements, shall adopt equality plans. The Government indicates that measures have likewise been taken to promote voluntary adoption of such plans by other enterprises. The plans are developed with the participation of the social partners. The Committee requests the Government to provide information on the impact of equality plans adopted by enterprises on the implementation of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3 and 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. The Committee notes with interest the legislative provisions adopted, agreements and court decisions handed down with a view to achieving substantive equality of opportunity for men and women workers. It notes in particular Basic Act No. 3/2007 on effective equality between men and women, which is the result of intensive civil, social and political dialogue. The Committee also notes that section 44 of the Act provides that the right to reconcile personal, family and working life shall be granted to men and women workers so that family responsibilities are assumed in a balanced manner and all discrimination based on the exercise of this right is avoided. The Act also contains a number of provisions giving effect to the Convention, namely: the establishment of paternity leave, to be extended to four weeks as from 2010, and the extension of special leave in the event of disability of a child under the age of majority, or premature birth; the possibility of shortening the working day; improvement in the leave of absence regime and improvements in the systems for breastfeeding infants under nine months old. The Committee also notes the information sent by the Government to the effect that under the Act, during such leave, employees are entitled to take part in training courses organized by the Administration, to return to work in the same job and to benefit from any improvement in working conditions to which they would have had access during their absence. The Committee notes that, according to the Government, the improvements introduced by the Act have been incorporated in the Workers’ Statute, the Basic Public Employment Statute, the Third Single Agreement for Employees Engaged in the General Administration of the State and the Government–Trade Unions Agreement for the Public Service in the framework of the social dialogue 2010–12. The Committee notes that under the latter agreement, the First Plan for Equality between Men and Women in the General Administration of the State and its Public Bodies was approved. The Committee also notes the legal provisions adopted in order to establish active employment policies. It asks the Government to continue to send information on the implementation in practice of all these provisions, particularly Basic Act No. 3/2007 and the agreements adopted under it, including information on how the measures adopted have affected the application of the Convention.

Other members of the immediate family. The Committee notes with interest the adoption of Act No. 39/2006 to promote personal autonomy and care in respect of persons in a situation of dependence, the aim of which is to improve the quality of life of dependent persons as well as of their carers and family members. The Committee notes that, according to the Government, it is hoped that effective implementation of the Act will contribute in the medium and long term to increasing the rate of women’s participation in the labour market. The Committee asks the Government to provide information on the impact of the Act, including statistical data on the persons benefiting under it.

The Committee is also raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 3 and 9. Measures to apply the Convention in the interests of effective equality of opportunity and treatment between men and women workers. The Committee notes with interest the legislation, plans, agreements and court decisions aiming at securing effective equality of opportunity between men and women workers. It notes in particular that the legislation to reconcile family life and work (Act No. 39/1999 of 5 November adopting measures to promote reconciliation of work and the family and Act No. 12/2001 of 19 July on urgent measures to reform the labour market by increasing jobs and improving their quality) introduces quota bonuses for employers who hire unemployed women in the 24 months following their period of confinement. It also notes that on 8 November 2001, the Comprehensive Family Support Plan (2001-04) was approved and that it includes the reconciliation of family life and work among its three strategies. To implement these measures, Royal Decree No. 125/2001 of 16 November was adopted to regulate the Act on the reconciliation of family life and work. A “Code of Good Practice” has also been drawn up in cooperation with social workers and was approved with the signing on 30 January 2003 of the Interconfederation Agreement on Collective Bargaining (ANC 2003). In the Fourth Equality Plan (2003-06), which comprises eight strategic areas, area 7 concerns the reconciliation of family life and work and one of its aims is to extend parental leave and to step up services for the care of children and dependent persons. The Committee asks the Government to continue sending information on the measures adopted to give effect to the Convention and on the effect given in practice to measures already adopted. Please report, for example, on the effects of the legislation establishing quota bonuses for employers who hire unemployed women within 24 months of their confinement, and on the application of the “Code of Good Practice” and of the measures set out under area 7 of the Fourth Equality Plan. With reference to point 2 of its previous direct request, the Committee again asks the Government to provide information on the practical outcome of measures to promote employment for workers with family responsibilities.

2. With regard to point 3 of its previous direct request, the Committee notes from the report that to encourage recruitment for part-time work on an indefinite basis, social security contribution bonuses are offered under the Annual Programme for Employment Development. The Government also indicates that the law currently in force gives part-time workers the same rights as full-time workers. Please state the percentage of women employed on a part-time basis, indicating whether they have the same employment and training opportunities as full-time workers.

3. Article 5. Dependent children. The Government indicates that in the belief that child care for infants under 3 years of age during the working day of their mothers and fathers is one of the keys to reconciling work and family life, the three administrative departments are cooperating to improve the offer of this kind of service. The Ministry of Health is contributing to the establishment of services for infants under the age of 3 by means of programme-agreements with the autonomous communities. The Committee notes that pursuant to the proposal of the Ministry of Labour and Social Welfare, a study has recently been conducted to ascertain the situation regarding the offer of services for infants under 3 years of age in the various autonomous communities. Noting that, according to the report, this study has allowed an information system to be set up which will show yearly trends in the offer of services for infants, the Committee would be grateful if the Government would provide information on any developments in the offer and utilization of such services.

4. Other close family members. The Committee notes with interest from the report that on 21 April 2006, the Council of Ministers approved the referral to Parliament of a Bill on the promotion of personal autonomy and care of dependent persons, which will establish a new universal and subjective right for persons unable to look after themselves, most of whom are elderly. All the administrative departments are to participate in applying the law in their various areas of competence. The system will be in the form of a diversified public interest network covering and coordinating duly accredited public and private centres and services, and will account for 1 per cent of GDP by 2015 as opposed to the current 0.33 per cent. The Committee asks the Government to keep it informed regarding progress made in this respect.

5. Article 11. The Committee notes the information supplied by the Government in its report and would be grateful if the Government would continue to provide information on participation by the social partners in the preparation and implementation of measures adopted to give effect to the provisions of this Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report, including the statistical data and the various legislative provisions to promote the access to employment of workers with family responsibilities.

1. Articles 4(a) and 7 of the Convention. The Committee notes with interest that, according to the Government's report, the Bill to promote the reconciliation of the family life and professional life of workers, which will adapt the legislative framework to the need to reconcile work and family responsibilities in modern society, is currently being examined by the Parliament. It requests the Government to keep it informed of the progress achieved in this respect.

2. The Committee notes from the Government's report that the standards governing the collaboration between the National Employment Institute and the various public administrations, the programme to promote agricultural employment and the programme of employment workshops, include the existence of family responsibilities as one of the preferential criteria for selection. The Committee would be grateful if the Government would keep it informed of the practical results achieved by such programmes.

3. The Committee notes that, according to the statistical information provided by the Government, part-time contracts which, according to the report, facilitate the compatibility between working and family life, numbered 358,533 in 1989, 2,367,093 in 1998, and that women make up 59.8 per cent of all part-time contracts. The Committee also notes the agreement on part-time work and the promotion of its stability concluded by the Government and the most representative trade union organizations on 13 November 1998, the contents of which have been incorporated in Royal Legislative Decree No. 15/1998, of 17 November 1998. Please provide information on the manner in which the above Decree is applied in practice.

4. The Committee notes with interest Act No. 4/95, the text of which was attached by the Government, and which amended the regulations respecting parental leave for the care of children, by extending the entire maximum three-year period taken into account for enforced absence from work, which had previously been confined to the first year, for the purposes of calculating seniority and assistance for vocational training courses. It also notes the various provisions governing unemployment protection for workers with family responsibilities.

5. Article 5(b). In its previous comments, the Committee noted that, according to the Trade Union Confederation of Workers' Committees (CC.OO.), there was a great lack of infrastructure for childcare and the care of the elderly, and it requested the Government to provide information on the number of services for the care of children and the elderly. The Committee notes the information provided by the Government, according to which legislative measures are supplemented by the promotion of services to care for people, notably, programmes of collaboration between administrations, subsidies granted by the Ministry of Labour and Social Affairs to non-profit organizations and subsidies provided by the General Administration of the State for programmes designed to facilitate compatibility between family and working life. These programmes are intended for children in suburban areas, and underprivileged, newly created and rural areas. The Committee notes that the overall amount of such subsidies was 312,485,031 pesetas in 1997 and 271,551,250 pesetas in 1998 and it requests information on the manner in which this reduction affected the respective services. It also notes that in 1997-98, some 90.9 per cent of children between 4 and 5 years of age and 66 per cent of children of 3 years of age were attending school. Moreover, in 16 autonomous communities, the level of coverage of children between 0 and 3 years by public services was 14.6 per cent in 1997. The Committee requests the Government to continue providing information in this respect, and also to provide information on the services provided to the elderly.

The Committee notes that it has not received a reply to its previous comments concerning Articles 6 and 11 and therefore repeats its request, which read as follows:

Article 6. The Committee notes the emphasis placed by the CC.OO. on the importance of accompanying changes in the legislation with campaigns to inform the public and raise awareness of the need to share family responsibilities. The Committee requests the Government to comment on the activities undertaken to promote a better understanding by the public of the principles set out in the Convention (for example, through the activities of the Women's Institute).

Article 11. The Committee notes that Organic Act No. 1/1990, of 3 October 1990, respecting the general organization of the education system, provides in section 34 that the participation of social representatives should be promoted in the design and planning of vocational training. Section 51 of the above Act requires the collaboration of the labour administration for the same purpose. The Committee therefore requests the Government to supply information on the participation of social representatives and the collaboration of the labour administration in the above activities. It also requests the Government to supply the text of any regulations issued under the above Act.

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

The Committee notes with interest the detailed information supplied by the Government in its reports, the attached statistics and the texts of judicial rulings which are relevant to the Convention. In particular, it notes with interest Act No. 30/1984, which guarantees non-discrimination in the public service, and the various royal decrees and decisions relating to parental leave.

1. Articles 4, paragraph (a), and 7 of the Convention. With reference to employment promotion measures, the Committee notes the implementation of new plans, such as those established by virtue of Acts Nos. 22/1992 and 3/1993, which include the family responsibilities of workers as one of the determining factors when giving preference in recruitment. It would be grateful if the Government would continue to supply information on the results achieved in practice.

2. Article 5, paragraph (b). The Committee notes the information concerning the facilities to care for and provide play opportunities for children between birth and 3 years and the 15 programmes undertaken to care for the minor children of workers, the subsidies received by these programmes and the nature of the services provided, including care, canteens, educative and leisure-time activities.

The Committee notes that the Trade Union Federation of Workers' Commissions (CC.OO.) states that there is a serious lack of infrastructure to care for children and the elderly; the Committee would be grateful if the Government would supply information on the number of services provided to care for children and the elderly in relation to the needs of the community in this respect.

3. Article 6. The Committee notes the emphasis placed by the CC.OO. on the importance of accompanying changes in the legislation with campaigns to inform the public and raise awareness of the need to share family responsibilities. The Committee requests the Government to comment on the activities undertaken to promote a better understanding by the public of the principles set out in the Convention (for example, through the activities of the Women's Institute).

4. Article 11. The Committee notes that Organic Act No. 1/1990, of 3 October 1990, respecting the general organization of the education system, provides in section 34 that the participation of social representatives should be promoted in the design and planning of vocational training. Section 51 of the above Act requires the collaboration of the labour administration for the same purpose. The Committee therefore requests the Government to supply information on the participation of social representatives and the collaboration of the labour administration in the above activities. It also requests the Government to supply the text of any regulations issued under the above Act.

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

The Committee notes with interest the detailed information provided by the Government in its first and second reports, from which it appears that the Government has adopted a policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise that right to do so without being subject to discrimination and without conflict between their employment and family responsibilities, in accordance with Article 3 of the Convention. This policy is embodied, in particular, in Act No. 8/1980, of 10 March 1980, containing the Workers' Charter, as amended by Act No. 3/1989 of 3 March 1989, and the Plan for Equality of Opportunity for Women 1988-1990.

1. Article 2 of the Convention. The Committee notes that, by virtue of its section 1(3)(a), the Workers' Charter is not applicable to civil servants, and it requests the Government to supply information on the position of civil servants with regard to matters regulated in the Workers' Charter, such as the prohibition of discrimination on the ground of sex or civil status, and the system of leaves to take care of young children.

2. Articles 4(a) and 7. The Committee notes the various legislative provisions intended to promote the employment of workers with family responsibilities, such as section 8 (credit facilities for the establishment as self-employed workers), and section 10 (programmes for specific groups of workers) of Basic Act No. 51/1980, of 8 October 1980, on employment. It also notes the various measures taken with a view to professional and specialised training for women workers, such as the programme for the training of women for activities in which they are under-represented, which forms part of the National Plan for Training and Professional Integration (Order of 22 January 1988), and the experimental professional training programme for single women with family responsibilities (Order of 23 June 1989). It requests the Government to supply information on the practical results of these measures.

3. Article 5(b). The Committee notes the information in the Government's reports on the establishment and subvention of day-care centres. It requests the Government to supply information on the number and nature of the child-care facilities in relation to the need for such facilities.