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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Spain (Ratification: 1971)

The Committee takes note of the Government’s report and the information supplied in answer to its previous direct request. It also notes the observations made by the Trade Union Confederation of Workers’ Committees (CC.OO.) on the effect given to Article 6 of the Convention.

Article 6, paragraph 1, of the Convention.  The Committee notes that, according to the CC.OO., section 37.1 of the Workers’ Charter is in breach of the provisions of this Article of the Convention, which provides for a weekly rest period of at least 24 consecutive hours in each seven-day period. The Committee is of the view that by allowing the weekly rest to be accumulated for up to 14 days as a general rule and in all circumstances, section 37.1 of the Workers’ Charter goes beyond what Article 6, paragraph 1, of the Convention allows.

Article 7.  The Committee takes note of Royal Decree No. 1561/1995 adopted pursuant to section 34.7 of the Workers’ Charter. It notes that according to the terms of this Decree, commerce is one of the sectors with specific requirements for which the Government may allow an increase or reduction in the number of days’ work and rest periods. The Committee draws the Government’s attention to the establishments to which the Convention must be applied pursuant to Article 2, and asks the Government to provide all available information on the commercial establishments on which a decision has been taken pursuant to the abovementioned Decree.

The Committee also notes the provisions of section 41.1 of the Workers’ Charter which provides that, as a general rule, for unavoidable reasons dictated by the economy, technology, organization or production of the enterprise, the employer may decide to make substantial changes in conditions of employment, particularly in respect of working time. In this connection, it wishes to point out to the Government that, according to Article 7, paragraph 2, it is necessary to grant all workers to whom special weekly rest schemes apply, pursuant to paragraph 1, a rest period of at least 24 consecutive hours for each seven-day period.

The Committee trusts that the Government will take due account of its comments and that it will take the necessary steps as soon as possible to bring its legislation into line with the provisions of the two abovementioned Articles of the Convention.