Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 6(1) of the Convention. Minimum weekly rest period. In its previous comments, the Committee noted that the unrestricted possibility of accumulating weekly rest over a period of two weeks pursuant to section 37(1) of the Workers’ Statute is not fully consistent with the letter and the spirit of the Convention. The Committee also noted that the fact that section 37(1) of the Worker’s Statute may reflect a similar permissive provision contained in Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organization of working time, is not in itself sufficient to ensure compliance with the requirements of this Convention. In its latest report, the Government indicates that, in any event, the need to consult the workers’ representatives before introducing exceptions to the general 36 hours’ rest per week rule offers adequate protection against any unjustified decision taken unilaterally by the employer. The Government refers, in this respect, to certain collective agreements that continue to provide for between 36 and 48 hours of rest to be taken in each seven-day period. The Committee wishes to reiterate that by authorizing in general terms and without specific conditions the accumulation of weekly rest over a 14-day period, section 37(1) of the Workers’ Statute fails to give effect to the basic principle of Article 6 of the Convention which requires a minimum uninterrupted rest of 24 hours in the course of each period of seven days. The Convention permits, of course, temporary and permanent exemptions but only under limited circumstances specified in Articles 7 and 8. The Committee accordingly asks the Government to consider appropriate action in order to ensure that any exceptions to the workers’ standard entitlement to weekly rest are limited to those provided for in the Convention. The Committee also requests the Government to communicate more detailed information on the extent to which use is made in practice of the possibility to accumulate weekly rest over a 14-day period.

In addition, the Committee notes the comments of the Trade Union Confederation of Workers’ Commissions (CC.OO.), which were received on 30 August 2013 and communicated to the Government on 16 September 2013, as well as the comments of the General Union of Workers (UGT), which were received on 4 September 2013 and transmitted to the Government on 23 September 2013. The UGT indicates that in the commercial sector, enterprises do not comply with legislation on weekly rest so that workers often enjoy only one day of rest instead of the statutory one-and-a-half days. The UGT alleges that such practice is particularly frequent in department stores, even though the Supreme Court has established on three occasions the obligation of enterprises to grant weekly rest in a manner that does not overlap with daily rest. Moreover, the UGT and the CC.OO. maintain that the regulations of the central Government and autonomous regions allowing shops to open on a seven-day basis weaken the possibility of workers to fully enjoy their right to weekly rest. In reply to the comments of the UGT, the Government indicates that the Labour and Social Security Inspectorate is charged with monitoring compliance with the working hours and rest periods. While noting the Government’s statistical information provided in its report regarding compliance with working time, the Committee requests the Government to take the necessary measures to ensure that the principle of at least 24-hours rest per week is effectively implemented in practice.