Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Minimum Age Convention, 1973 (No. 138) - Spain (Ratification: 1977)

1. Article 2 of the Convention. The Committee notes from the statement made by the Government in reply to its previous direct request, that while work performed by a person on his/her own account is not subject to the Workers' Charter, the minimum age for such work is 18 as the Social Security Scheme especially applicable to independent workers covers only workers over 18. The Committee observes that work on their own account of persons below the minimum age specified under the Convention (i.e. 15 years) is not legally prohibited. The Committee hopes that the next report will indicate the measures taken or envisaged to establish such prohibition in accordance with Article 2, paragraph 1, of the Convention.

2. The Committee has noted the Government's statement that the most effective way, albeit indirect, of controlling the work of children is compulsory schooling until the minimum age of admission to employment, i.e. 16 years of age. The report adds that such compulsory schooling is one of the objectives of the forthcoming reform of the educational system, and that in practice, 80 per cent of children of less than 14 and 90 per cent of children of less than 15 are in schools. The Committee would be grateful if in its next report the Government would indicate what is the age of completion of compulsory schooling fixed by the national legislation, as Act 8/1985 of 3 July 1985 regulating the right to education does not contain any provision fixing this age. It also requests the Government to continue to supply information on the progress made in extending schooling in practice to all children concerned.

3. The Committee has noted from the information supplied in reply to its request on the practical application of the Convention, that in the coming quadrennium one of the priority objectives is to increase the supervision activities of the labour inspectorate, which will enable it to detect violations to the provisions relating to the employment of children and young persons. The Committee hopes that the next report will contain detailed information on the measures taken to ensure the effective observance of the national legislation, including details of inspection visits made, of the violations noted and of the sanctions imposed, together with any documents or reports on the difficulties encountered, in accordance with point V of the report form.