Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)

Employment Policy Convention, 1964 (No. 122) - Spain (Ratification: 1970)



The Government provided the following written information.

Convention No. 122, which was ratified by Spain in 1970, and which Spain has always shown a willingness to comply with and apply, provides that all Members of the Organization shall pursue an active policy designed to promote full, productive and freely chosen employment, with the participation of the social partners. Over recent years, significant steps have been made in Spain in this direction, with progress and results that demonstrate the beginning of a robust process of unemployment reduction and job creation in a new context of Spanish economic recovery. This change in trends is not only quantitative, but also qualitative. All this has taken place within the framework of social tripartite dialogue, in consultation with employers’ and workers’ representatives. The Government’s economic and employment strategy is established within the framework of the European Semester. Its policies correspond to the three main pillars of the Annual Growth Survey 2015 for the social and economic policy of the European Union (EU) for 2015. Two priorities which are mutually reinforcing should be highlighted: to complete the reforms that have been started and to promote economic recovery and job creation.

The decisions taken regarding active employment and vocational training policies can be understood in the light of the situation and characteristics of the Spanish labour market in December 2011, with its structural weaknesses and inefficiencies that the 2007 crisis only accentuated: the great rigidity in the adaptation of working conditions to the economic situation; the excessive segmentation or duality of the labour market; and the lower productivity per worker than our European partners. These structural problems, coupled with the intense economic crisis, were reflected in dramatic figures. Between the beginning of the crisis and December 2011, the unemployment rate rose from 8.6 to 22.9 per cent. The unemployed population rose to 3.3 million. Over 2.5 million jobs were destroyed, according to the Active Population Survey (EPA). The unemployment rate for persons under 25 years rose from 18.8 to 48.6 per cent. The long-term unemployed accounted for half of all unemployed persons. Permanent employment was falling in December 2011 at an annual rate of 22.5 per cent.

In this context, it was essential to adopt structural reforms, including labour reforms, to allow the economy to grow and generate employment. This reform agenda has enabled the Spanish economy to regain the confidence of the international markets and to gain efficiency, flexibility and the ability to compete. With the 2012 labour reform, a profound transformation of the labour market commenced in Spain which was very much in line with the concept of flexicurity that is prioritized in the EU employment guidelines: that is greater flexibility, but without prejudicing workers’ rights or the unemployment protection system, which is an essential part of our welfare state. This has been reflected recently in Constitutional Court Ruling No. 8/2015 of 22 January 2015, which definitively endorses the labour reform and rejects the notion that it violates the right to freedom of association, collective bargaining, work and effective judicial and constitutional protection. According to the estimates of the Ministry of Economy and Competitiveness, this labour market transformation helped to prevent the destruction of over 225,000 jobs during the first year following the entry into force of the reform. Furthermore, the labour reform has contributed for the first time to employment creation in Spain based on moderate economic growth rates. The data clearly reflect this closer relationship between employment and GDP. In 2014, when there was a change in the trend of this indicator, GDP growth over the whole year was 1.4 per cent and, according to EPA data, employment rose by 2.5 per cent compared with the previous year, that is by over 430,000 people. This pattern has been strengthened by the year-on-year figures for social security affiliation since February 2014 when, for the first time since 2008, total average affiliation rose, with over 417,000 more insured persons at the end of 2014 than the previous year, or an increase of over 2.5 per cent. It is important to emphasize that a fundamental effect of the labour reform has been, for the first time, the creation of employment in Spain based on moderate economic growth rates.

With the modernization of employment relations, it was important to modernize employment activation policies, with the main objective of developing a new employment policy framework within which all of its instruments are geared towards the activation and employability of workers to help ensure that the recovery results in quality and stable employment. Based on the intensive work of previous years, in September 2014 a package of measures was adopted to promote activation, including the new Spanish Employment Activation Strategy 2014–16. This Strategy establishes new working methods for all public employment services throughout the country over a multi-year framework. It includes common objectives, flexible and specific means of achieving them, and a new system of continuous evaluation and results-based performance. The overall objective is the modernization of public employment services. This action is reflected in annual plans, which coordinate and group together all the activities undertaken by public employment services each year in light of the common objectives. Since 2012 four plans have been adopted, and the last one was presented to the meeting of the Sectoral Conference for Employment and Labour Affairs in April 2015, with the Autonomous Communities. These plans set out what is being done and where, so as to compare and above all measure the impact of the various initiatives. To that end, in a particularly significant inter-administrative effort, a system of indicators has been developed, approved by all, to evaluate the results of the measures and, on that basis, determine the distribution of funds for activation policies, which are granted on an annual basis by the State to the Autonomous Communities. Accordingly, for example, the results achieved in 2014 determined the distribution of 60 per cent of the funds in 2015, or around €850 million. The activation strategy includes a series of elements that could be considered the “backbone” of employment services. For example, to facilitate the transition to employment, the Framework Agreement for public-private collaboration in job placement has been developed, in accordance with the Private Employment Agencies Convention, 1997 (No. 181), which defines a common architecture for the development of cooperation projects between the 14 employment services that have adhered to the Agreement and the 80 private job placement agencies that have been selected. The Single Employment Portal is in operation, which channels job vacancies from the various public employment services and private portals that have joined this project. In January 2015, the Common Portfolio of Services under the National Employment System was adopted which determines all the employment services to be provided throughout the country, to which all workers are entitled. For each of the services included in this Portfolio (vocational guidance, placement and advice for enterprises, vocational training and skills development, and advice for self-employment and entrepreneurship), the content and minimum common requirements have been established and work is already being carried out with the Autonomous Communities on the service protocols that will be adopted as a whole.

Young people are the worst affected by the recent crisis, with the youth unemployment rate rising to 51.4 per cent, or 382,012 young persons under 25 years of age, despite that figure having decreased by nearly 105,500 since 2011. Some of the initiatives launched to promote youth employment as part of the labour reform of 2012 include: the entrepreneur support contract of indefinite duration, which provides incentives of up to €3,600 for three years for the hiring of young persons on indefinite contracts – over 107,000 contracts of this type were concluded with young persons under 30 years of age in the period between the 2012 labour reform and April 2015; and the modification of the training and apprenticeship contract with the purpose of making it more flexible and geared to the daily requirements of enterprises and their training needs – more than three years after its modification, it is a consolidated instrument that paves the way for dual vocational training for young people, enabling them to be trained while in employment. In 2014, a total of 140,000 contracts were concluded, which was 32 per cent more than in 2013 and 130 per cent more than in 2012. During 2015, the pace of progress has been maintained, reaching the year-on-year figure of over 25 per cent. In the period between the 2012 labour reform and April 2015, over 355,000 training and apprenticeship contracts have been recorded. In 2013, the Spanish Youth Employment and Entrepreneurship Strategy 2013–16 was adopted, including 100 emergency measures, of which 85 per cent have already been put into effect. At present, over 400,000 young people under 30 years of age (402,908 persons as at 12 May) have benefited from the entrepreneurship or employment measures contained in the Strategy, in addition to the measures for training, guidance and improving employability implemented by the Autonomous Communities. A total of 66 per cent have benefited from a recruitment incentive and the remaining 34 per cent have benefited from measures for the promotion of self-employment and entrepreneurship, especially the €50 flat rate social security contribution for the newly self-employed. The upturn in the labour market is beginning to be felt by the young. In 2014, unemployment for the youngest (under-25) age group fell by 93,400, a 10 per cent reduction compared with 2013. It is the second year in which unemployment for the youngest age group has decreased, after constantly rising between 2007 and 2012. In 2014, the employment rate for this age group rose by 1.6 per cent, the first increase since 2006. In the context of the Youth Employment and Entrepreneurship Strategy, and in response to a recommendation by the European Council in April 2014, the National Youth Guarantee System was adopted in July 2014, under which young persons under 25 years of age who are either unemployed or not in the education or training systems can receive offers of employment or training. Through this system, electronic registration in the Youth Guarantee System has been introduced so that beneficiaries can obtain information on the measures available and the results achieved can be monitored and evaluated. In addition, a range of measures have been determined for implementation by the State and the Autonomous Community concerned, according to their respective competencies. These measures include those designed to improve the matching of labour supply and demand and to enhance the vocational skills of beneficiaries. As at 30 April 2015, a total of 48,576 young people were covered by the scheme. Moreover, the 2014–20 operational programme for youth employment has been developed, to which over €2,360 million has been allocated as assistance in launching action to promote labour market access for young people. On 13 April 2015, the Sectoral Employment and Labour Affairs Conference, with the participation of ministerial authorities and the employment advisers of the Autonomous Communities, agreed to extend the maximum age for access to the National Youth Guarantee System from 25 to 29 years, on an exceptional basis, until the rate of unemployment between the two ages, currently standing at 29.7 per cent, drops below 20 per cent. Finally, also of relevance in combating youth unemployment are the measures adopted to ensure greater coordination between employment policies and education policies. These include: establishing a more flexible procedure for streamlining the updating of the National Directory of Vocational Qualifications (vocational training diplomas and certificates of vocational competence); boosting vocational training that is better matched to the labour market and more effective, including the establishment of “basic vocational training” (vocational training in the education system has seen an increase from 462,492 students in 2007–08 to 793,034 in 2014–15, an increase of 71.5 per cent); combating early school drop-out through a specific plan for 2014–20 supplementing the education reform. In Spain, the school drop-out rate has fallen gradually from 31.7 per cent in 2008 to 21.9 per cent in 2014 (the intermediate commitment was therefore comfortably achieved). This decrease has been greater than the average achieved across the EU (where the rate fell from 14.8 per cent to 11.1 per cent).

The Extraordinary Programme for Employment Activation, which was adopted in December 2014 in the context of social dialogue and collaboration with the Autonomous Communities, is an illustration of the Government’s determination that the economic recovery should benefit as many workers as possible. It is aimed at categories whose needs arising out of the economic crisis are particularly acute, such as the long-term unemployed with family responsibilities who have exhausted the options available to them under the employment protection scheme and who meet the requirement of actively seeking employment. The Programme envisages activities that are designed to improve the employability of such workers so that they can return to the labour market, as well as time-based assistance in the form of financial support to enable them to benefit from activation measures. Moreover, the scheme is compatible with a contract for an employer, as an innovation that serves as a double incentive for both workers and employers. The Programme also responds to the need to provide personalized employment services and to improve the employability of those with the greatest difficulties in finding employment and who meet the requirement of actively seeking employment. One innovative aspect of the Programme is that the receipt of economic assistance can be combined with work, in which case the financial aid becomes an economic incentive for enterprises which take on unemployed workers.

Spain has for some time been facing the problem of the mismatch between the skills required by the economy and those possessed by workers. Although the country’s vocational training system, which each year trains over three million workers, with the participation of some 480,000 enterprises, managed to keep pace with requirements in a specific social and economic context since it was first set up in 1992, it has not adapted with the required flexibility to the ever more complex requirements of the economy. As early as 2012, the labour reform began a gradual process of transforming the vocational training system in which it opted deliberately for a form of training that could provide the skills required by the economy. It was at that point that the individual right of workers to training was explicitly recognized and that training centres were given direct access to funds that had previously been reserved for the social partners. This gradual transformation of the training system, which is also reflected in the management and financing of training schemes run by the social partners over the past three years, culminated in the recent reform of the vocational training system that was approved by Royal Legislative Decree No. 4/2015 of 22 March 2015. Some of the most significant features of the reform are as follows: it applies to all public administrations whose responsibilities cover employers and workers throughout the national territory, thereby promoting the necessary labour market unity; the social partners and collective bargaining continue to play a fundamental role; an efficient system of labour market monitoring and forecasting is to be introduced as part of a multi-year strategic plan to ensure that training is consistent with the present and future requirements of the economy and of workers; each worker will have a training account that will accompany them throughout their working life; training at the enterprise will be made as flexible as possible; the training provided through the public administration will be organized on a competitive basis and will be open only to training institutions; tele-training will be used to maximize efficiency and flexibility; the quality and impact of the training will be monitored on an ongoing basis to increase the productivity of workers and the competitivity of the enterprises; and a special inspection unit and a new endorsement system will be established, based on the principle of zero tolerance of fraud. These innovations will all be made possible by the development of a comprehensive data system to guarantee the traceability of training activities and the comparability, consistency and regular updating of all available information on vocational training. The adoption of the new vocational training model coincides with the increasing signs of economic recovery (six quarters in which GDP has risen steadily and an estimated annual growth rate of around 3 per cent between 2015 and 2018). It should be possible to translate these promising economic forecasts into tangible gains for the labour market through the greater employability of workers and greater competitivity of the enterprises. Judging from the various reforms and other measures introduced since the 2012 labour reform and from the benefits that they have brought, the application by Spain of Convention No. 122 constitutes a positive outcome in both quantitative and qualitative terms. Current monthly and quarterly data tend to confirm that the country’s economic and employment recovery is here to stay. This is the conclusion that can be drawn from the various sources that measure the labour market situation. According to the survey of the active population, in the first quarter of 2015, the number of unemployed fell by 488,700 compared with the previous year (minus 8.2 per cent year on year), the largest fall in unemployment since 2006. This was due in part to the creation of 504,200 jobs in that quarter, or a growth rate of 3 per cent since the previous year, which was higher than the GDP growth rate of 2.6 per cent. Spain has never before experienced such intense and rapid growth simultaneously in both employment and GDP. According to registered unemployment and social security affiliation, between April 2014 and April 2015, unemployment fell by over 350,000 (minus 351,285), the biggest year-on-year fall ever recorded (with an actual fall of 7.5 per cent, compared with the 12.5 per cent increase in unemployed workers recorded in May 2012). Over the same period, social security affiliation rose by almost 580,000 (plus 578,243), while the fall in unemployment over the last two years combined was over 650,000 (minus 656,177) and affiliation to the social security system exceeded 750,000 (plus 775,944). The underlying trend, as reflected in seasonally adjusted data, continues to be favourable. With the exception of July 2014, Spain has now experienced 24 consecutive months in which seasonally adjusted unemployment has fallen, something unheard of for the past 15 years. In seasonally adjusted terms, unemployment in April 2015 dropped by 50,160, the best figure for April ever recorded. Registered unemployment among young persons under 25 years of age has fallen over the past 12 months by 33,965, or 9.5 per cent year on year. Despite these encouraging figures, Spain still suffers from high unemployment. According to the estimates of the 2015–18 Budget Stability Programme, unemployment in 2015 is expected to be 22.1 per cent, and with an estimated GDP growth rate of around 3 per cent over the coming years, the unemployment rate should gradually fall to about 15.6 per cent in 2018.

In accordance with Convention No. 122, social dialogue has been a constant feature of the Government’s action during an especially intense period of reforms, in the course of which efforts have always been made to seek agreement with the social partners. This is because only with an instrument as powerful as social dialogue, together with the collaboration of everyone, is it possible to confront the biggest challenge facing Spanish society, namely employment. Although for the past three years people have not always agreed on their diagnosis of the country’s labour market, or on the best way to solve the problems posed in each case, all the parties concerned have made an effort to keep all channels and means of communication open. The Government of Spain is fully aware of the irreplaceable role played by the social partners, which is recognized in the Constitution and is of vital importance to the country’s democratic system. That is why, irrespective of the differences of view that may have occurred from time to time, the Government has consistently maintained a climate of dialogue with trade unions and employers’ associations, which necessarily contributes to the more effective defence of the rights and legitimate interests of both workers and employers. Social dialogue has thus become firmly established, both through meetings of ad hoc working groups and the competent bodies on which the social partners are represented, such as: the State Council for Corporate Social Responsibility; the General Council of the National Employment System; and the Board of the Tripartite Foundation for Vocational Training. The issues on which the social partners have engaged in dialogue and reached consensus include: the Entrepreneurship and Youth Employment Strategy; the Youth Guarantee Plan; the Corporate Social Responsibility Strategy; the introduction of changes in the vocational training subsystem; the annual employment policy plans; the regulation of occupational skills certificates for updating the national register and the amendment of the relevant decree; the training and apprenticeship contract; as well as more specific matters, such as (in 2013 and 2015) the reduction in the number of days of entitlement to agricultural subsidies and support. This systematically open approach to the exchange of views and proposals has also clearly contributed to the conclusion of other agreements on employment issues, such as: the Agreement on proposals for tripartite negotiations to strengthen economic and employment growth rates of July 2014; the Agreement on an activation programme for the long-term unemployed of 15 December 2014; and, after prolonged and intensive negotiations (although the document itself has never been signed) a new tripartite agreement on training. Account has also been taken of the countless proposals and combined analytical input of the social partners and other representative organizations of the self-employed, which have their own enterprises, training centres and experts.

In addition, before the Committee, a Government representative, referring to the information provided in writing, added that significant steps had been taken in recent years which demonstrated that the destruction of employment caused by the economic crisis had been curbed and that a robust process of reducing unemployment and creating jobs had started in a context of economic recovery. The change was qualitative as well as quantitative. The policies and reforms adopted by the Government had the principal objective of creating stable and high quality jobs in coordination with all economic and social policies. With regard to Article 3 of the Convention, the Government was not only holding prior consultations with workers’ representatives on the various standards and programmes that shaped employment policies, but also ensured their participation in various standing forums for discussion and social dialogue, at both the level of the State and the Autonomous Communities. All of the progress referred to had been achieved in the context of constant social dialogue during an especially intense period of reforms, in the course of which efforts had constantly been made to seek agreement with the social partners. Only through social dialogue and the collaboration of everyone was it possible to confront the biggest challenge facing society, namely employment. The Government was fully aware of the indispensable role played by the social partners. For that reason, irrespective of the differences of view that may have occurred, the Government had consistently endeavoured to maintain a climate of dialogue with trade unions and employers’ associations, which necessarily contributed to the more effective defence of the rights and legitimate interests of both workers and employers, with a more complete overview of the labour market so that it could respond to the needs of the economy, in accordance with the system of representation and dialogue established by the Government.

The Worker members recalled that the objective of the Convention to achieve full, productive and freely chosen employment was as topical as ever. The Convention was the main instrument providing guidance on cooperation and coordination of policies on employment at the national level, and viewed employment not as a hypothetical result of economic policies, but as the objective that these policies were to serve. In this regard, the Convention was directly linked to the Decent Work Agenda and was a governance Convention within the meaning of the 2008 Social Justice Declaration, alongside the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), under which governance was based on social dialogue, particularly regarding the revision of employment policies. The objectives of the Convention, in compliance with fundamental principles and rights, had also been reaffirmed by the 2009 Global Jobs Pact, the 2010 Conference Resolution on the recurrent discussion on employment and, more recently, the 2013 Oslo Declaration. Emphasis should also be given to the need to promote strategies that improved employment quality, closed the pay gap between men and women, helped jobseekers, targeting in particular young and older workers, and women’s work. A policy for full, productive and freely chosen employment within the meaning of the Convention thereby required compliance with the conclusions of the Oslo Declaration and the holding of effective consultations with the social partners before and whenever any changes were proposed. The case of Spain should also be analysed in the context of Employment Policy Recommendation, 1964 (No. 122), which provided that workers and their organizations should examine the relationship between employment policy and economic and social policy, with a view to making them mutually reinforcing, particularly regarding the quality of employment, gender discrimination, the precarious situation of young persons, the unemployed and social dialogue. At the European level, in 2013, the social partners had adopted, at the inter-occupational level, a declaration on the involvement of the European social partners in economic governance. The declaration called for the Member States and the EU to ensure that consultation with the social partners was held in a timely manner in order to enable them to make proposals and request analyses.

Recalling the conclusions of the Committee in 2013 on the case of Spain, the Worker members noted that the recommendation to promote sincere and constructive social dialogue among all the parties concerned to remedy the labour market situation had not really been put into effect. The temptation to hide behind economic governance in order to avoid the application of existing ILO standards and processes could not be tolerated. Social dialogue was also encouraged at the European level, especially under the Treaty on the Functioning of the European Union, and economic governance was not hierarchically superior to European or ILO standards. Despite the written information provided by the Government, social dialogue did not seem to be a permanent approach of the Government, which had not consulted trade unions on any relevant employment standards or the modification of the industrial relations framework, on the pretext of the urgency of the issues. Only a bipartite dialogue had been held in Spain, accompanied by a trend to decentralize collective bargaining. Despite the protests of the trade unions, the Government had failed to respond. Furthermore, within the framework of the 2015 annual employment plan, the trade unions had been issued with a final document, which had been formulated in cooperation with the Autonomous Communities, and none of their proposed amendments had been accepted, even though they had been submitted within the very short time limit that had been set. The same applied to the reform of the vocational training system. The General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions (CC.OO.) had concluded an inter-occupational agreement for 2015–17 with employers on employment and collective bargaining. The agreement focussed on establishing a fairer economic recovery following years of austerity which had had an adverse impact on wages, the quality of jobs and family incomes. The inter-occupational agreement was intended to boost domestic demand and job creation. Its success implied that the Government would respect the social partners and the agreements concluded with a view to improving working conditions. The Committee on Freedom of Association had, on very many occasions, and particularly in its report on Case No. 2947 on a complaint by Spanish trade unions, drawn attention to the fact that consultation with the social partners implied consultations held sufficiently in advance. In addition, the rules governing the industrial relations systems and collective bargaining needed to be approved insofar as by the most representative workers’ and employers’ organizations. The Spanish labour market was showing alarming signs of youth unemployment, which remained at over 50 per cent and required, for an effective response, the involvement of the social partners, and not only of civil society. Long-term unemployment, especially among the oldest and least qualified workers, also required appropriate measures, as it exceeded 49 per cent in a context of labour market segmentation that was only augmenting precariousness and poverty, and affecting social cohesion. There was an urgent need for dialogue with the social partners to evaluate the effectiveness of the measures in place and make them more accessible. Spain was faced with significant economic challenges and the urgent need to find a new basis for growth was not contested. This must nevertheless be carried out within a framework of structured consultation with the social partners in order to avoid the unbalanced approaches favoured by the Government over recent years. The objective had to be growth that created more and better quality jobs. The issues of training, education and the inclusion in employment of those who were most marginalized in the labour market needed to be prioritized and the Decent Work Agenda should be returned to the heart of economic policies, which was fully in accordance with the Convention.

The Employer members recalled that in 2013 the Committee had already expressed concern in relation to the deterioration of the labour market and recommended that the Government continue to evaluate, with the participation of the social partners, the impact of measures taken to overcome the crisis. In August 2013, the International Organisation of Employers (IOE) and the Spanish Confederation of Employers’ Organizations (CEOE) had welcomed the 2013 reform aimed at establishing a framework for future economic recovery, reducing macroeconomic imbalances, creating a favourable environment for the establishment and development of enterprises, improving competitiveness and productivity, and promoting the export sector. They had also welcomed the labour reform, which had been validated by the Constitutional Court. The reform was in line with the flexibility introduced in other European countries and was governed by the EU Stability and Growth Pact. Regarding youth employment, the Employer members also praised the Youth Employment and Entrepreneurship Strategy 2013–16, which contained 100 measures aimed at boosting employment for young people. They emphasized that the role of the Committee of Experts and the Conference Committee with regard to the Convention was to ensure that member States had the explicit intention of guaranteeing full and productive employment, that measures and institutions existed to attain that objective, that the social partners were consulted on the policies and measures and that review mechanisms existed. It was not within the competence of the Committee of Experts to assess the validity, effectiveness or justification for the measures adopted. The Convention was a promotional instrument which required governments to adopt an employment policy, but it did not specify the content of the policy. That was appropriate as the achievement of full employment required broad economic policies that took into account the political, economic and social context, inflation, and respect for human rights and private property. Job creation also presupposed the proper functioning of the labour market.

A Worker member of Spain said that, three years after the most aggressive labour reform that Spain had seen since the return of democracy, the unemployment situation in the country was dramatic. More than 5.5 million people, or 24 per cent of the population, were unemployed. Of those, 782,000 were under 25 years of age. Youth unemployment stood at 51 per cent. More than 3.3 million people had been unemployed for more than a year, accounting for 61 per cent of all those unemployed. One in four unemployed, on 1.4 million persons, had been looking for work for three years or more. There was a serious risk that unemployment would become structural. More than one million households had no income at all and 29 per cent of the population was at risk of poverty or social exclusion. The current labour market was driving inequality by imposing reductions in wages, massive unemployment and underemployment. Spain was one of the countries where inequality had increased the most as a result of wage gaps and poor quality jobs. The 2012 labour reform had made it easier and cheaper to dismiss workers and allowed employers to modify employment contracts unilaterally, and 60 per cent of dismissals lacked justification and sufficient legal protection. The Convention required the State to pursue an active policy designed to promote full employment. However, the fact that the national budget had been reduced by 48 per cent between 2010 and 2014 showed that full employment was not a priority for the Government. The deterioration in the public employment service also showed how little importance was given to the issue. With respect to the scope of consultation with workers’ organizations on employment policy, he said that there had been no place for negotiation either within the labour reform process or any other economic measure taken. This was reflected in the number of complaints and representations made to the supervisory bodies. In reply to the Employers’ allegations that the Committee of Experts and the Conference Committee were not competent to consider employment policies, he said that accepting such claims would lead to the conclusion that the ILO no longer had any raison d’être. Workers rejected that argument.

Another Worker member of Spain, speaking on behalf of the CC.OO. and the UGT, and with the support of the Workers’ Labour Union (USO), described the difficult situation in the labour market, characterized by a very slow fall in unemployment, the intolerable absence of protection of the unemployed and the rise in precariousness. Although the number of registered unemployed had increased, spending on benefits had dropped by €7.7 billion between 2010 and 2014, and that trend had continued in 2015. The result of such brutal cutbacks was that the coverage rate had fallen by more than 32 per cent, leaving 2 million unemployed with no protection whatsoever. As a result, the CC.OO. and the UGT were backing a proposed legislative initiative seeking to introduce a minimum income benefit. Data from the general social security system confirmed the huge deterioration in the quality of employment: over half (51 per cent) of those registered were employed on precarious contracts (37 per cent on temporary contracts and 25 per cent on part-time contracts). Of the contracts signed in May 2015, 95 per cent were temporary or part time. Moreover, job creation was only increasing in sectors with low added value. Despite triumphant speeches by the Government, reality showed that there had been no structural change to either the economy or employment. Bearing in mind that 4.2 million people were registered unemployed and that the actual unemployment figure had been estimated at 5.5 million by the active population survey, a reduction of 2.7 per cent was completely insufficient. To emerge from the crisis, the Government continued to promote a production model based on low-value services, with a very low and decreasing proportion of industrial activities, condemning people to precarious employment contracts on low wages, with significant seasonal fluctuations and not enough jobs to provide people with employment opportunities. Against that backdrop, a budgetary policy was needed that fostered structural change in the production system, promoted the efficient use of public resources at all levels in the administration, and helped to boost domestic demand. Public investment must be increased and redirected towards improving the quality and technological level of enterprises. New measures were also urgently needed to improve protection for unemployed people, particularly the long-term unemployed with family responsibilities, as suggested in the ILO report Spain: Growth with jobs. In conclusion, she emphasized that it was time to do away with the mistaken notion that dismantling labour rights or collective bargaining would improve the labour market, that cutting public spending would create a more efficient public sector, that any job was a job even if it did not allow workers to escape from poverty and that slashing wages was the way to build a competitive economy.

The Employer member of Spain observed that the economic crisis of recent years had had very serious consequences for the labour sector. At the end of 2011, unemployment in Spain stood at 24 per cent of the active population and 48 per cent of workers under 25 years of age. The Government had accordingly appealed to the social partners to engage in social dialogue to reach an agreement that would serve as a basis for the reform of the country’s labour legislation, which was obviously needed. During the period of intense negotiations that followed, it had regrettably not been possible to reach an agreement. As a result, the Government adopted Royal Legislative Decree No. 3/2012 issuing urgent measures for the reform of the labour market, to generate employment through strong measures. Spanish employers were very much in favour of the reform which was consistent with the employment policy of the European Union and that helped to modernize Spain’s labour legislation by bringing it more into line with the flexibility prevailing in the surrounding countries. The employers would have liked the reform to have brought working conditions in Spain even closer to the conditions in those countries. Employment figures were now positive and that tended to support the reform: in April unemployment fell by 120,000, and in May by a further 117,000. The European Union and the Organisation for Economic Co-operation and Development (OECD) had also made a positive assessment of the reform, which they saw as favouring employment creation. Social dialogue was an important feature of democracy in Spain and was part of its culture. He referred to some of the significant achievements of social dialogue since the 2012 labour reform which showed that not only had it taken place, but that it had clearly been fruitful. The beginning of 2013, for example, saw the negotiation of the Entrepreneurship and Youth Employment Strategy. On 18 March 2014 an agreement had been reached with the Prime Minister and with the leading representatives of workers’ and employers’ organizations to promote measures aimed at changing the economic cycle, creating employment and increasing social cohesion. On 29 July 2014, a tripartite agreement had been concluded on proposed tripartite negotiations on raising economic and employment growth rates. That in turn had given rise to a 15 December 2014 agreement on the extraordinary employment activation programme to promote the employability of unemployed workers with special needs. Finally, although the best outcome of social dialogue was the conclusion of an agreement, dialogue could also be intense without necessarily leading to such a result. Linking the existence of social dialogue to its outcome did not properly reflect its essence.

The Government member of France, also speaking on behalf of the Government members of Croatia, Cyprus, Germany, Italy, Luxembourg, Portugal, Romania and Slovenia, indicated that these countries were engaged in a coordinated approach at the EU level for the implementation of active policies aimed at full, productive and freely chosen employment and to combat unemployment. The efforts made by Spain were fully in line with those undertaken in the framework of the European Employment Strategy, and Spain was also committed to combating and overcoming the negative effects of the economic and financial crisis, in full consultation with the social partners. The Government should be encouraged to continue its efforts in this regard, in accordance with the values and principles of the ILO, to which Spain was particularly attached, as shown by the number of Conventions it had ratified. Without social dialogue, it was clear that there could be no sustainable solution to the labour market problems in Europe. Moreover, he emphasized that the ILO needed to play its full role in ensuring that the social issues relating to international labour standards were taken into account in multilateral systems through enhanced cooperation with other international organizations, and specifically economic and financial institutions.

The Employer member of the United Kingdom emphasized the need to view Spain’s compliance with the Convention in the context of the ongoing economic crisis. It was also necessary to recall that Spain’s labour law reforms had been introduced within the framework of the EU Stability and Growth Pact, which placed emphasis on the reduction of the public deficit and debt when the latter grew excessive. He observed that the Spanish economy had started to recover in the second half of 2014 and gross domestic product (GDP) growth of 2.5 to 3 per cent was expected in 2015. Social dialogue was also thriving, although it did not always result in agreement. In this connection, he expressed confidence that Spain would continue to evaluate its employment and social policies with the social partners. The problem of youth unemployment was a multifaceted one that Spain was taking steps to address. He questioned whether the Committee of Experts had the competence to supervise Spain’s policies on youth unemployment, which in his view were a matter of national sovereignty. He also maintained that the Committee of Experts lacked the competence to question the rulings of the Spanish Constitutional Court, which had supported Spain’s 2012 labour reforms. It was of concern to note that Spain had appeared before the Conference Committee twice in the last three years for failure to apply the Convention. Supervision of the application of the Convention by the Conference Committee was not appropriate, and in the years to come Spain should not appear again on this subject, particularly in view of its ongoing constructive dialogue with the Committee of Experts.

The Worker member of Germany expressed support for Spanish workers. The serious economic crisis also affected society and the negative social effects of austerity policies affected the health, welfare and pension systems. A large proportion of the population lived with precarious jobs, such as short-term contracts, and increased job insecurity was prompting many young people to leave the country. Some employers were particularly creative in crafting flexible contracts which caused inequality because workers were not properly remunerated. The situation resulting from excessive contract flexibility was in contradiction with the principles of fair pay, fair working conditions and fair working time, and challenged the concept of decent work promoted by the ILO since its establishment in 1919. Precarious jobs generated inequality and poverty and better social dialogue was crucial to solve this problem.

The Employer member of Germany said that the economic crisis of 2008 had revealed, among other things, structural weaknesses and rigidities in Spain’s labour market. It was both just and important that in addressing the crisis Spain should reform its labour market to increase employability and combat long-term unemployment. She maintained that Spain was fulfilling its obligations under the Convention, and doing so in a manner consistent with the principles laid down in the Oslo Declaration to which the Employer members had referred. The positive effects of the policies that Spain was pursuing could readily be observed: over the previous year, for instance, half a million new jobs had been created. She welcomed the results Spain had achieved in promoting employment, and said that the Government should be encouraged in its ongoing efforts to reform the labour market and pursue fiscal consolidation.

The Worker member of Sweden, speaking on behalf of the Worker members of the Nordic countries and Estonia, noted that almost a decade of economic hardship and austerity measures had had a negative impact on society. Unemployment was at historically high levels, especially for young people, many of whom had to leave the country in search of a better future. Furthermore, a large proportion of the population had precarious contracts, such as short-term contracts. She maintained that these challenges should be addressed through active labour policies serving the interests of both workers and employers, and that they should not be used as a pretext for dismantling social policies. She emphasized that international labour standards were to be complied with also in times of economic hardship. The EU had launched the Social Investment Package in 2013 with the aim of supporting social policy measures and spending, especially for youth, such as education and support for the transition from education to employment. She urged the Government to provide the information requested by the Committee of Experts, and to take concrete action to reduce youth unemployment, facilitate the entry of young people into the labour market and invest in better education and training programmes.

The Employer member of France emphasized that the 2008 economic crisis had caused a major deterioration in the labour market in Spain, which had in turn resulted in an increase in the national debt, which had obliged the Government to establish a fiscal consolidation plan. The crisis had resulted in significant unemployment, but as a result of the efforts made by everyone, there was now a substantial recovery of economic growth and a reduction in the public deficit. Since 2012, structural reforms had been introduced to create a climate conducive to the creation of enterprises, and therefore to job creation. The national programme of reforms presented in the context of the European Semester in 2013 and Spain’s employment strategy would result in a substantial recovery and a fall in unemployment. In March 2014, a tripartite meeting had been held to exchange views on the measures that needed to be taken to promote growth and economic recovery. The Government had adopted numerous measures to promote youth employment, particularly in the fields of training and apprenticeship. The platform for tripartite social dialogue on the future of vocational training launched in May 2013 had been a positive step. Although several agreements on training had been concluded between the social partners since 1992, the CEOE was open to dialogue to adapt them to current economic and social needs. The measures that the Government had taken showed that it was in compliance with the Convention and it should be encouraged to continue its efforts to consolidate growth and therefore return to full employment.

The Employer member of Belgium noted that the 2008 economic crisis had obliged all stakeholders to make major efforts to return to economic growth and employment. In that regard, the structural reform of the labour market that had been introduced was beginning to bear fruit. Both the planning of the reforms and their implementation had involved constant consultation with the social partners. However, it was understandable that the social partners did not all see eye to eye, especially when it was necessary to take measures that were painful. She believed that Article 3 of the Convention was not intended to undermine the sovereignty of States when taking the necessary decisions and that, in the circumstances, the Government had been in full compliance with the Convention.

The Employer member of Italy observed that Spain was pursuing the objectives of the Convention in an extremely challenging context, namely that of the ongoing economic crisis which was also affecting her own country, Italy. The structural weaknesses of Spain’s labour market had been magnified by the crisis, and could only be addressed within the framework provided by the EU Stability and Growth Pact. The detailed information provided by the Government representative amply demonstrated that the country was on the right track in terms of addressing the inefficiencies in the labour market while pursuing economic recovery. Moreover, the strategy of addressing unemployment and labour market dualism through a flexicurity approach, which sought to increase employability while maintaining protections for workers, was commendable. Noting with approval the Government’s willingness to maintain channels of dialogue with the social partners, for the formulation and implementation of employment policies, she said that the Government should be encouraged to continue with the labour market reforms that had already begun to yield positive results.

The Worker member of Greece, also speaking on behalf of the Worker members of France and Portugal, recalled that the Convention set full, productive and freely chosen employment as the key objectives of employment policies. In particular, Article 3 of the Convention established the requirement for social dialogue and the Committee of Experts regularly emphasized the importance of full cooperation with the social partners in formulating and implementing employment policies. Furthermore, the 2010 General Survey on employment instruments and the report of the Committee on Freedom of Association of March 2014 considered social dialogue to be even more essential in times of crisis. She regretted that the Government, while recognizing the vital constitutional role of trade unions and social dialogue, refused to consult the social partners on the adoption of laws and regulations which profoundly affected employment standards and the industrial relations framework. In particular, during the parliamentary debate on the adoption of the 2012 labour market reform, the Government had claimed that there was no need or obligation for social dialogue to validate the agreements. Regardless of the fact that in 2013 the Conference Committee had urged the Government to intensify its efforts to reinforce the social dialogue process, a number of laws and decrees had been enacted without prior social dialogue and the entire labour relations system had been modified unilaterally. In this regard, she regretted that the Ministry of Labour had ignored the letter of complaint from the two most representative trade unions calling for the restoration of social dialogue and that it had rejected the observations of the trade unions on three key employment policy initiatives, namely the 2015 annual employment policy plan, the employment activation strategy and the common portfolio for public employment services. She also deplored the fact that the employment training framework had been modified without seeking agreement with the social partners. She emphasized that the social partners were striving to maintain bipartite dialogue, as demonstrated by the 2015–17 Employment and Collective Bargaining Agreement, while the Government was sidelining tripartite social dialogue, undermining bipartite social dialogue and disrupting collective bargaining structures. In conclusion, she urged the Government to comply with the Convention.

The Employer member of Denmark said that, while it was important to address the impact of the economic crisis on workers and their families, it was also necessary to address the need for labour market reform, as the Government had done. In view of all the information placed at the disposal of the Committee, it appeared that the Government was fulfilling its obligations under the Convention, and in a manner consistent with the principle of social dialogue. The Convention itself provided that employment policies should take due account of economic development, which was precisely what the Government had done. Those policies had also already begun to yield results, although much more needed to be done. With respect to the request by the Committee of Experts that social dialogue be reinforced, he maintained that there was no evidence to suggest that social dialogue had not been properly undertaken, apart from the fact that trade unions were not satisfied with its outcome. While affirming the importance of social dialogue as a foundational ILO principle, he nevertheless emphasized that the right to participate in dialogue was not a right to veto labour market reform. He said that social dialogue often resulted in labour market policies that failed to fully reflect the priorities of employers, but employers were regardless obliged to live with them. Consequently, the trade unions also needed to accept their responsibilities and participate in the much-needed reforms.

The Worker member of Argentina said that the Confederation of Workers of Argentina (CTA Autonomous) supported the Spanish trade unions in their fight to preserve what had been won and resist the loss of their rights. The majority ruling by the Spanish Constitutional Court had found that the labour reform of 2012 provided not only for reinstatement, but also the payment of adequate compensation as one of the possible outcomes of unjustified termination of the employment relationship. Similarly, Ruling No. 119/2014 of July 2014 had set aside an appeal to find contracts involving a probation period of one year unconstitutional. The ruling had justified the purpose of such contracts on the grounds that the promotion of full employment prevailed over the rights potentially acquired during a probation period. It therefore departed from the conclusions of the report by the ILO tripartite committee which had examined the representation made in 2012 by the Spanish trade unions regarding the Termination of Employment Convention, 1982 (No. 158). It should be noted that the Constitutional Court had not considered the observations of the ILO supervisory bodies in response to the complaints made by the Spanish trade unions concerning fundamental aspects of the reform, despite the fact that under article 96 of the Spanish Constitution, international treaties were part of national legislation and prevailed over domestic labour laws. The 2012 labour reform had introduced flexibility into the principle aspects of individual labour rights and significantly weakened collective bargaining, giving priority to enterprise bargaining over branch and regional agreements. During the first phase of the crisis, the destruction of jobs had mainly affected temporary contracts as a result of their greater flexibility. In the second phase, which had coincided with the adoption of the labour reform, the destruction of permanent jobs had increased considerably compared with temporary employment, in relation to previous years. The 2012 labour reform not only gave employers undisputed authority by reinforcing their unilateral power, thereby tipping the increasingly unstable balance between labour law and the free market, but also sought to weaken the trade unions. These rulings, in addition to reinforcing the breakdown of the consensus forged by the Spanish Constitution in relation to the system of labour relations, bolstered the subordination of workers’ rights to purely discretionary political considerations.

The Employer member of Colombia said that the case had been examined by the Conference Committee and by other supervisory bodies, and that their conclusions had always demonstrated the need to respond urgently to a severe crisis. The fact that 26 per cent of the active population and over 50 per cent of young people in Spain were unemployed, combined with the country’s severe public deficit and public debt, created a serious situation that called for urgent decisions. The Committee of Experts in its last observations had therefore called for further efforts to strengthen social dialogue. The Government had taken measures to reduce macroeconomic imbalances and to support the establishment and development of enterprises. The urgent measures adopted by the Government had been analysed in detail by the Constitutional Tribunal and in several EU forums. As a result of those measures, the number of affiliates of the social security system had increased significantly in May 2015. The OECD had revised upwards its economic growth forecast for Spain from 1.7 to 2.9 per cent for 2015, and from 1.9 to 2.8 per cent for 2016. Similarly, the unemployment rate was decreasing and agreements had been concluded between workers and employers on the appropriate regulation of wages.

The Government representative said that unemployment in Spain was a social problem that could not be disguised. The number of people employed in 1996 had been the same as in 1976, which showed that employment had not been created in the first 20 years of democracy. In 1996 a job creation process had begun, but had been insufficient. The trend had been broken by the economic crisis of 2007, when unemployment had begun to rise. The Government had been obliged to resort to automatic stabilizers, but the crisis had turned out to be more serious than anticipated. In order to combat the situation, other types of measures had been adopted as part of the 2012 labour reform, the aim of which had been to promote job creation and improve the capacity of the labour market to adapt. Spain was in compliance with the Convention. In 2014, the country had topped the eurozone figures for unemployment reduction and job creation, demonstrating the positive impact of the 2012 labour reform and subsequent measures. In the last 12 months, unemployment had fallen by 488,700, the largest annual reduction since 2002. In addition, year-on-year employment had risen by 504,200, a rate of 2.97 per cent above growth in GDP. At the same time, the 2012 labour reform had made the labour market more flexible, but this flexible approach had not been at the expense of job security. Flexibility did not imply precarious work, but placed the emphasis on the worker rather than on the job. It was notable that permanent contracts were on the increase. In 2006, two in three contracts had been permanent, but by 2013 the figure was three in four, which meant that Spain was doing better than the EU average. The improvement in employment was thus not only quantitative, but also qualitative. Moreover, Spain was the second-highest OECD country in terms of spending on active and passive employment policies. One example was the PREPARA programme, an active policy measure that included economic assistance. More recently, the Employment Activation Programme, approved in December 2014, which targeted a category with special needs resulting from the crisis, as was the case with the long-term unemployed with family responsibilities who had exhausted their entitlements under the unemployment protection system at least six months earlier. These programmes were not a Spanish invention, but were based on the experience and possibilities offered by its European partners. It was over 15 years since there had been 24 months of continuous job creation in Spain. This reduction in unemployment was due not only to the actions of the Government, but also to social dialogue, which remained a constant feature of the country.

The Employer members said that the discussion in the Conference Committee highlighted the need to develop active employment policies, in accordance with the requirements of Article 1 of the Convention. The information provided by the Government showed that it was complying with the Convention, starting with Article 1. In that context, the 2012 labour reforms had introduced urgent measures to generate employment and overcome the crisis. The policy pursued by the Government was in line with the EU’s Stability and Growth Pact, to which Spain had signed up. In the European context, the Government could not take action in isolation, but must coordinate with all other EU Member States. In accordance with Article 2 of the Convention, the Government’s employment policy was an integral part of a coordinated and coherent policy at both the national and regional level. The Employer members emphasized the importance of the rulings of the Constitutional Court which fully supported the labour reforms introduced by the Government, and implied that it was not for the Committee to make further comments on those reforms. In addition, other measures had been taken to give effect to the Convention, such as programmes aimed at the most vulnerable groups, including young people and the long-term unemployed. At the same time, a gradual transformation of the vocational training system was under way to make it more effective in meeting employment policy objectives. All this was being done in full compliance with Article 3 of the Convention, which required consultation with the social partners on the measures to be adopted. Social dialogue was a means of reaching agreement, but not an end in itself. So far, results had been achieved, such as an agreement on proposals for tripartite negotiation to strengthen economic growth and employment, concluded on 29 July 2014, and an agreement on an activation programme for the long-term unemployed, concluded on 15 December 2014. Lastly, the COEO, the CC.OO. and the UGT were finalizing negotiations with a view to concluding the third agreement on employment and collective bargaining, which would establish guidance on wage increases, as well as on matters relating to job stability for young people. These agreements were specific examples of social dialogue on active employment policies. However, the content of such agreements was specific to each State and it was therefore not for the Conference Committee to analyse the manner in which they should be applied in practice. Various representatives of OECD and EU countries had commented positively on Spain’s labour reforms. As such, data reflecting these improvements should be included in the conclusions to the case, highlighting the progress achieved, while recognizing that there was room for improvement.

The Worker members emphasized that the numerous interventions on the case offered clear evidence that the Committee was amply fulfilling its role of examining the application of the Convention. They also welcomed the importance attached by Employers to joint collective bargaining on employment issues. Since the adoption of the Convention in 1964, the world of work had had to face two major crises, one at the end of the 1970s and another during the 1980s, which had resulted in mass unemployment in industrialized countries, and the growth of inequality in a context of globalization and deregulation in which social standards had become the poor relations of the economy. In these circumstances, the ILO had taken the initiative to set up the World Commission on the Social Dimension of Globalization and to adopt the 2008 Social Justice Declaration. In 2009, in response to the current global financial and economic crisis, the ILO had adopted the Global Jobs Pact with the support of all of its constituents. The Pact, the objective of which was to bring the real economy back to the centre of economic policies, emphasized the need to respect fundamental rights and principles at work, as well as a series of international labour Conventions. In accordance with the Pact, the economy needed to be at the service of decent employment and domestic demand, thereby ensuring the sustainability of enterprises. The concept of sustainable enterprises supported by the employers needed to have as a corollary the sustainability of employment and the existence of quality jobs. Unfortunately, those demands of the Pact would appear to have been forgotten since then, especially in Europe, where social dialogue and collective bargaining were often sidelined in view of the urgent need invoked by governments to respond to the economic crisis, as shown by the conclusions and recommendations of the Committee on Freedom of Association’s in several cases. Case No. 2847 concerning Spain emphasized the importance of holding detailed tripartite consultations so that national legislation and economic and employment programmes could benefit from a firmer basis and be applied more effectively. The Worker members noted with interest the comments of the Employer member of Spain, who had expressed appreciation of the Government’s economic and employment policy. Even though the workers differed in their assessment of the policy, the differences of opinion expressed showed that the Committee was fully exercising its mandate in examining the application of the Convention on the basis of the observations of the Committee of Experts. Regarding the rulings of the Constitutional Court on the labour reform, it was surprising that the Court had not paid any attention to the need to comply with the relevant ILO Conventions ratified by Spain and the European Social Charter. The Court’s ruling, which had been highlighted by the Employer members, had in fact given rise to a dissenting vote very convincingly argued by three of the judges. The concept of “flexicurity”, had not been taken up in any European directive, and there was no unambiguous definition approved by EU Member States or the social partners. The reference to flexicurity could not justify disregarding ILO standards or imply, through the mere mention of the term, that the requirements of the Convention were being met. In accordance to the Convention, active employment policies had to play a fundamental role in macroeconomic policies, with particular attention being paid to the formulation and implementation of these policies. The examination of the Convention therefore went further than formal recognition that such measures did or did not exist, and necessarily entailed an examination of the substance of employment policy. While it was in no way intended to question the existence of European governance, the fact remained that the EU was not above ILO standards, nor was it above the European Social Charter. In the discussion on this case, the Worker members had felt that it was necessary to follow the conclusions adopted by the Committee in 2013. They accordingly asked the Government to return to the path of tripartite social dialogue and to discuss with the social partners the formulation of an employment policy that was in conformity with the objectives of the Convention. Those consultations should be held before any decision was taken so that there was a genuine opportunity to make counter-proposals. Under Article 2 of the Convention, the Government was required to continue to assess with the social partners the results of the employment policy and of the amendments to labour market legislation. It should also endeavour to ensure that there was broad consensus on programmes related to training, especially for workers with particular difficulties in finding employment and young people, based on strong public services. The Worker members concluded by calling on the Government to accept the technical assistance proposed in 2013 and to inform the Committee of Experts at its next meeting of the steps taken to meet its obligations under the Convention.

Conclusions

The Committee took note of the detailed written and oral information provided by the Government representative on the discussion that followed on the issues raised by the Committee of Experts related to the measures adopted to mitigate the impact of the crisis, the situation of a persistent unemployment which principally affects young persons and the labour reforms adopted which included programmes to coordinate educational and training measures with employment opportunities and to improve skills levels.

The Committee noted the information provided by the Government representative concerning the comprehensive economic and employment measures taken by the Government to overcome the jobs crisis and the labour reforms initiated in March 2012 in line with the concept of flexicurity prioritized in the European Union employment guidelines. The Committee noted the active labour market measures taken, such as the Spanish Employment Activation Strategy 2014–16, the Single Employment Portal and the Common Portfolio of Services adopted in January 2015 to promote the use of public and private employment services. Youth employment remained extremely high and an Extraordinary Programme for Employment Activation was adopted in December 2014 specifically targeting workers whose needs arising out of the jobs crisis were particularly acute, such as the long-term unemployed with family responsibilities. The Government representative also provided information on positive employment data indicating that, in the first quarter of 2015, the number of unemployed persons fell by 488,800 when compared with the previous year, and that 504,200 jobs were created in that same quarter.

The Committee took note of the complete information provided by the Government on the active employment measures that were being implemented in the framework of the Economic and Employment Strategy adopted in the context of the European Union to combat unemployment and the social consequences of the crisis.

Taking into account the discussion, the Committee requested the Government to:

• continue a constructive social dialogue, taking fully into account the experience and views of the social partners with their full cooperation in formulating and enlisting support for such policies concerning the objectives expressed in Article 1 of the Convention;
• consistent with the Convention, evaluate, together with the social partners, the results of employment policy and take such steps as may be needed including, when appropriate, the establishment of programmes for the implementation of the employment policy;
• focus on guaranteeing the largest consensus on programmes linked to vocational training and continue the dialogue with the social partners on vocational training for youth and the unemployed on the basis of strong public services; and
• submit a report to the Committee of Experts in 2015 on the application of the Convention.