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

Minimum Wage Fixing Convention, 1970 (No. 131) - Spain (Ratification: 1971)

Article 1, paragraph 3, of the Convention. The Committee notes with satisfaction the adoption of Royal Decree No. 2015/97, establishing a minimum wage without distinction based on age and for equality of wages between those over and under 18 years.

Article 3. The Committee notes the adoption of Royal Decrees Nos. 2015/97 and 2817/98 which respectively determine inter-occupational minimum wages for 1998 and 1999. The Committee also takes note of the Government's indication that, when determining the inter-occupational minimum wage (SMI), it will take the following into account: the consumer price index; national average productivity; the increase in contribution of the labour force to national income and the general economic situation, as established by section 27.1 of the Workers Statute. The Committee trusts that the Government, in determining minimum wages or the frequency of revisions thereof, will take care to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families, in conformity with subparagraph (a) of this provision of the Convention.

Article 4, paragraph 2. The Committee notes the indication of the Government in its report that the SMI is not fixed by an automatic decision based on a calculation of certain factors, but entails an economic policy decision, and it is precisely for this reason that consultations with the social partners take place, as provided for by section 27.1 of the Workers Statute. In this connection the Committee would like to recall that, as stated by the tripartite committee established to examine the representation made by the Trade Union Confederation of Workers' Committees in its report submitted to the 243rd meeting of the Governing Body (GB.243/6/22), the consultations with the social partners referred to in this provision of the Convention are not a simple formality; their purpose is to enable account to be taken of the opinion of the social partners at the time of taking the decision. As the Committee pointed out in the General Survey on tripartite consultation, the term "consultation" has a different connotation both from mere "information" and from "codetermination", and it should enable influence to be exerted in decision taking. The Committee hopes that the Government will supply more detailed information in its next report on consultations with the social partners, including for example the existence of discussions of the replies provided by the latter, or other procedures the aim of which is to ensure "full" consultations as required by this provision of the Convention.