Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Administration Convention, 1978 (No. 150) - Spain (Ratification: 1982)

The Committee notes the observation of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 17 August 2015 and included in the Government’s report, as well as the observations of the General Union of Workers (UGT), received on 1 September 2015.

Articles 4, 5, 6 and 10 of the Convention. Effective and coordinated operation of the labour administration system in consultation with the social partners. Impact of austerity measures on labour administration services. The Committee notes the information provided by the Government in its report on the legislative developments which, as of 2011, have introduced changes in the structure of the labour administration system. It notes in particular the elimination of the Ministry of Labour and Immigration and the establishment of the Ministry of Employment and Social Security by Royal Decree No. 1823/2011 of 21 December, the basic organizational structure of which was adopted by Royal Decree No. 1887/2011 of 30 December.

The Committee notes the allegation of the UGT that, while a labour administration exists, the drastic reduction in budgetary allocations as a result of the economic crisis has removed or drastically reduced its capacity to act and the quality of the work done by many of the services and the responsible institutions with respect to the needs and demands of citizens is inadequate, due to insufficient financial, human and material resources. The UGT also regrets that the recent reform of the vocational training system was carried out without the agreement of the employers’ or workers’ organizations and that Act No. 15/2014 rationalizing the public sector as well as other administrative reform measures were used to abolish specialized bodies responsible for the labour issues of certain population groups, such as women (the Women’s Health Observatory and the Directorate General for Women) and young persons (the Youth Council of Spain). The Committee requests the Government to send its comments in this respect.

The Committee further notes that the CCOO emphasizes that there has been a significant reduction in the mandate, functions and organization of public administrations in relation to national labour policy. This has had an impact particularly on the institutional structures for the consultation and participation of employers and workers and their organizations. The CCOO also indicates that the budget for the modernization of the Public Employment Services has been cut by 50 per cent, and the budget for active employment policies by 30 per cent. Moreover, the CCOO regrets that, with the adoption of Royal Decree No. 3/2012, the primary function of the National Advisory Committee on Collective Agreements has become compulsory arbitration concerning non-observance of collective agreements, to the detriment of its advisory and observational functions. Further, the Royal Legislative Decree No. 4/2014 of 22 March has limited the role of the representative organizations of employers and workers to their participation in the design and programming of training courses, when hitherto they had played an active role in vocational training. According to the CCOO, the Economic and Social Council (CES) has been deprived of its primary function of issuing opinions on labour legislation, as the Government has adopted most labour provisions through royal legislative decrees. While institutional participation bodies are formally maintained, their advisory function is complicated by the fact that meetings are held with minimal notice and without the provision of the documents required for the performance of their duties.

The Committee recalls that, under the provisions of Article 10 of the Convention, the staff of the labour administration system shall have the status, the material means and the financial resources necessary for the effective performance of their duties. While it is aware of the difficulties currently faced by the country, the Committee wishes to refer to the conclusions of the Resolution concerning labour administration and labour inspection, adopted by the International Labour Conference in June 2011. These indicate that experience from the recent financial and economic crisis demonstrates that labour administration has an essential role in helping to address difficult economic situations because good labour policies and efficient institutions can protect workers and enterprises against the worst impact of an economic crisis and mitigate its economic and social consequences while facilitating economic recovery. The Committee requests the Government to provide information on the impact of the changes made to the structure and organization of the labour administration system in terms of the effective discharge of the functions set forth in Article 6 of the Convention, as well as on the conditions of service and work of the staff of the labour administration in the light of the requirements in Article 10 of the Convention. It also requests the Government to provide information on any future consultation with the social partners on potential legislative reforms and on current labour administration policies.

Application in practice. The Committee requests the Government to send extracts from the reports and other periodical information pertaining to the principal labour administration services.