Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Espagne (Ratification: 1984)

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.