Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Spain (Ratification: 1988)

The Committee notes the Government’s report. It also notes the observations of the General Union of Workers (UGT), of 22 August 2016, and of the Trade Union Confederation of Workers Commissions (CCOO), of 31 August 2016. It further notes the Government’s replies to these observations, received on 26 October 2016.

The Committee notes the large volume and significance of the legislative measures adopted since the last report.

Part II (Medical care). Article 10(2) of the Convention. Cost-sharing for pharmaceutical supplies. With regard to medical care, the Committee notes the report received, and particularly: Royal Legislative Decree No. 16/2012, of 20 April, adopting urgent measures to guarantee a sustainable national health system and to improve the quality and security of care; Act No. 33/2011, of 4 October, on the general public health system; Royal Decree No. 1192/2012, of 3 August, regulating the status of insured persons and beneficiaries for the purposes of the provision of health care in Spain through public funds under the National Health System; and Royal Legislative Decree No. 1/2015, of 24 July, issuing the amended text of the Act on the guarantee and rational use of medicaments and health products, which exempts certain categories benefiting from special protection from cost sharing by users and dependants for the provision of outpatient pharmaceutical supplies.

The Committee notes the UGT’s observations indicating that Royal Legislative Decree No. 16/2012 has had a negative impact on the current system of cost sharing for pharmaceutical supplies, and is unsuited to situations of special needs related to persons in a chronic condition or with multiple pathologies. It also notes the observations of the CCOO indicating that any system of cost sharing has to be examined from the viewpoint of its incidence on the capacity to pay of those affected, and its redistributive effects, as the present system is not well adapted to certain income brackets, and particularly the efforts required from those on the lowest incomes.

In its reply, the Government indicates that, since the introduction of the “electronic medical prescription” of the National Health System in the various Autonomous Communities, the provision of pharmaceutical supplies has been monitored, as a result of which there are no cases of pensioners and their dependants paying costs over the limits established on the basis of their income for treatments for chronic conditions and that, in accordance with section 106(2) of Royal Legislative Decree No. 1/2015, the income levels of users are taken into account in order to ensure the continuity of treatments for chronic conditions and to guarantee a high level of equity for pensioners on long-term courses of treatment, with the general percentages being subject to ceilings in terms of cost sharing.

The Committee encourages the Government to provide statistical data with a view to confirming, particularly in the case of chronic conditions and multiple pathologies, that the systems of cost sharing for medical care do not result in excessive hardship, in accordance with Article 10(2) of the Convention, for the family of the standard beneficiary whose earnings do not exceed those of an ordinary adult male labourer calculated in accordance with Article 66 of the Convention.

Part VI. Employment injury benefit. Article 33. Extension of coverage. The Committee notes with interest the legislative measures adopted since the last report in 2011, which illustrate the Government’s systematic action to extend the coverage and protection of specific categories of workers in respect of social security coverage of the risks occurring in relation to work. These include:

• -Act No. 27/2011, of 1 August, updating, adapting and modernizing the social security system, extending coverage and, with effect from 1 January 2013, generalizing protection against employment injury as a compulsory component of all schemes within the social security system;
• -Act No. 28/2011, of 22 September, integrating the Special Agricultural Social Security Scheme into the General Social Security Scheme (RGSS) and creating the Special System for Agricultural Workers within the RGSS, as well as Act No. 35/2011, of 4 October, on the shared ownership of agricultural undertakings, with a view to achieving genuine equity between women and men in agricultural undertakings;
• -Royal Decree No. 1541/2011, of 31 October, issued under Act No. 32/2010, of 5 August, establishing a specific protection scheme for the termination of the professional activities of self-employed workers;
• -Royal Decree No. 1596/2011, of 4 November, extending under the same terms and conditions as under the RGSS (with the exception of unemployment) the protective measures for the employment risks of workers covered by the Special Scheme for Household Employees.

The Committee requests the Government to provide statistical data in its next report to demonstrate that these legislative measures have resulted in an increase in the number of workers protected against employment risks, both through compulsory and voluntary coverage, and an increase in the total value of the benefits paid.

Part XIII. Common provisions. Organization and administration of social security. The Committee notes with interest Act No. 13/2012, of 26 December, to combat unlawful employment and social security fraud, and Basic Act. No. 7/2012, of 27 December, amending Basic Act No. 10/1995, of 23 November, issuing the Penal Code, respecting transparency and action to combat tax and social security fraud, and in general all measures covered by the plan to combat illegal employment and social security fraud. With reference to measures for the implementation of the legislation in practice, the Committee notes Act No. 23/2015, of 21 July, structuring the labour and social security inspection system, and its activities in the field of social security, including social security registration, coverage and contributions.

Taking into account the value of the experience acquired by Spain in developing a comprehensive labour inspection system covering all labour fields, including social security, the Committee requests the Government to indicate in its next report the working methods of the inspection services which have been found to be most effective, and their impact on the reduction of illegal employment and social security fraud, and accordingly on the contributions made to the social security system.

The Committee wishes to emphasize that, in accordance with Article 69(d), (e) and (f) of the Convention, the comprehensive plan to combat illegal employment and social security fraud, as well as the use of information technology to combat fraud in the social security system, are innovative methods which contribute to strengthening the social security system, improving conditions of work and achieving fairer competition between enterprises. It therefore requests the Government to provide data in its next report on the manner in which such measures have contributed to improving the financial system of the social security scheme, especially from the viewpoint of the financial resources of the system and the benefits provided.