Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the information supplied by the Government in its report. It notes with interest the adoption of Royal Decree No. 306/2007 of 2 March 2007 amending the act on infringements and penalties in  social matters, approved by Royal Decree No. 5/2000 of 4 August 2000, and increases the amount of financial penalties established with respect to employment relationships and the prevention of occupational risks.

Article 2 of the Convention. Scope of application. In its previous comments, the Committee emphasized that the provisions of the national legislation governing the minimum age of admission to employment for children are not sufficient to guarantee the protection afforded by the Convention to children working on their own account. In this respect, the Government indicated that, although it considered that the national legislation enables effective controls of work done by young people, it envisaged regulating the work of self-employed persons. A draft law concerning the status of persons working on their own account was due to be submitted to Congress during 2006, and the question of the minimum age of admission to employment of minors working on their own account was to be taken into consideration in order to settle any doubts on the matter. The Committee requested the Government to supply information on future developments regarding the draft law.

The Committee notes the information supplied by the Government to the effect that a draft law on the status of self-employed workers was submitted to Congress in 2006 and is currently under examination. It also notes the Government’s information to the effect that section 9(1) of the draft law provides that minors under 16 years of age may not work on a self-employed basis or be engaged in professional activity, even within their own families. The Committee hopes that this draft law will be adopted as soon as possible and asks the Government to supply information on all new developments in this respect.