Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the observations made by the General Confederation of Workers (UGT), which were forwarded to the Government on 14 February 2000, although the latter’s comments have not yet been received. The Committee also notes the observations of the Democratic Confederation of Labour (CDT) of Morocco and the Government’s reply to these observations.

1.  With reference to the observations made by the UGT, the Committee notes that, according to the UGT, when determining the inter-occupational minimum wage (SMI), the Government only takes into consideration the consumer price index, without taking into account a series of other factors, such as average national productivity, the increased share of labour in the national income and the general economic situation, as established in Article 3, paragraph (b), of the Convention. The Committee also notes that, according to the UGT, the European Committee on Social Rights, the body responsible for the application of the European Social Charter, considered in 1996 that the SMI determined by the Government was once again unjust and inadequate, since it only amounted to 36 per cent of the average gross wage and was approximately 24 points below the level considered appropriate in the Charter (60 per cent of the average net wage).

The Committee notes that, taking into account these indications, the UGT and another workers’ organization requested the Government to increase the SMI in 2000. Nevertheless, the Government did not grant the request and increased the SMI by a percentage that was different from the level proposed by the above organizations.

The Committee recalls that, as it pointed out in its 1992 General Surveyon minimum wages, it has always emphasized the respect which is required for the fundamental principle of consultation and the participation of employers’ and workers’ organizations in the application of minimum wage-fixing machinery. The Committee however recognizes that consultation is only one stage in the decision-making process, as it indicated in its 2000 General Surveyon tripartite consultation.

The Committee hopes that the Government will provide its comments as rapidly as possible on the UGT’s allegations.

2.  With reference to the observations made by the CDT of Morocco concerning events in El Ejido (Almeria), the Committee notes that according to this organization, the Spanish Government should undertake to establish a system of minimum wages applicable to all groups of employees whose terms and conditions of employment are such that they require the safeguard of such protection.

The Committee notes the Government’s statements that, in terms of wages, Moroccan workers are covered in the same way as other workers by the corresponding collective agreement and that all workers who are not covered by a collective agreement are covered by the inter-occupational minimum wage which, in 2000, is set at 76,680 pesetas a month (equivalent to 4,258 dirhams), and that all Moroccan workers for any complaint respecting wages or general conditions of work can have recourse to the labour courts which are competent in such matters under the same conditions as Spanish workers.

The Committee hopes that the Government will continue to provide information on any developments in this respect.