Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 44) du chômage, 1934 - Espagne (Ratification: 1971)

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

Article 1 of the Convention. Maintenance of a scheme of protection against unemployment. The Committee notes the information provided by the Government in reply to its previous request concerning coordination between employment policy and unemployment benefits.

Articles 9 and 10. Social collaboration works. The Committee notes that, in accordance with section 272.2 of the General Law on Social Security of 2015, jobseekers may be required to participate in social collaboration works (trabajos de colaboracion social) organized by public administrations and non-profit entities. Section 272.2 further specifies the criteria which must be met for work to be considered as social collaboration works: (a) be of social utility and beneficial to the community; (b) be of a temporary duration; (c) match the physical and professional skills of the unemployed person; and (d) be carried out within proximity to the habitual residence of the unemployed person. In accordance with article 25(4)(b) of the consolidated text of the Law on Infringements and Penalties in the Social Order of 2000, refusal to participate in social collaboration works is considered as a serious offence which may lead to the suspension of unemployment benefits, as set out in section 271 of the General Law on Social Security. With respect to the requirement of social collaboration works to be of social utility and beneficial to the community, the Committee notes that, according to the CCOO these include any work which is carried out for public administrations and may include work of any profession, specialization and trade. The CCOO further indicates that in practice, despite their temporary duration, social collaboration works can last for several years. The Committee notes the Government’s reply, indicating that the performance of these works does not imply an employment relationship between the unemployed person and the entity providing the works. The Committee further notes that, according to the Government, social collaboration works aim to facilitate the reintegration of unemployed persons by performing work in the public interest and maintaining their physical and occupational skills. In addition, unemployed persons who participate in social collaboration works maintain their right to unemployment benefit and receive, in addition, a payment corresponding to the difference between the unemployment benefit and the calculation base for the same work and, in any case, the interprofessional minimum salary is guaranteed. The Government also indicates that, in accordance with article 39 of the Royal Decree 1445/1982 of 22 June, public administrations which provide social collaboration works have to supply documentation on, among others, their social utility, expected duration, and location. Furthermore, the Committee notes the 2019 report on the application of the European Code of Social Security and its Protocol (Code) by Spain in which the Government indicates that “the current legislation does not specify the reasons why individuals receiving unemployment benefits may refuse to participate in the work of social collaboration”. The Government further indicates that the competent public employment services, “on a case-by-case basis, analyse in each individual case whether the justified cause alleged by the worker relieving him of the imposition of a penalty is present”. Noting the above, the Committee recalls that the purpose of unemployment provision, under the Convention, is to ensure income security to persons who have lost their job, or part of it, providing them with a payment related to contributions paid in respect of previous employment (Article 1 of the Convention). This payment, or unemployment benefit or allowance, should enable those persons to look for and freely choose suitable employment (Article 10 of the Convention), and to participate in training and skills development programmes (in accordance with Article 8 of the Convention) that enable them to increase their employability on the labour market, at least during a prescribed period. In this regard, the Committee refers to its comments on the application of the Code, in which it considers that conditioning the payment of unemployment benefit to the performance of social collaboration works, at least during the initial 13-week period of benefit payment protected by the Code, is not in conformity with Part IV of the Code. The Committee requests the Government to provide information on the number of cases where unemployment benefit was suspended as a result of a refusal by the unemployed person to participate in social collaboration works, and more specifically where such suspension occurred during the initial period of unemployment of 13 weeks. The Committee also requests the Government to provide additional information on what may constitute a “justified cause” of refusal to take part in social collaboration works, without suspension of unemployment benefit and the number of cases where such benefits were maintained due to a “justified cause”.