Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Spain

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1960)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1982)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) in a single comment.

The Committee notes the joint observations of the Spanish Confederation of Employers' Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) on Conventions Nos 81 and 129, the observations of the Trade Union Confederation of Workers' Commissions (CCOO) on Conventions Nos 81, 129 and 150, and the observations of the General Union of Workers (UGT) on Conventions Nos 81 and 150, sent with the Government’s report, and also the Government’s reply to these observations.

A. Labour inspection

Articles 3(1)(a) and (b), 10 and 11 of Convention No. 81 and Articles 6(1)(a) and (b), 14 and 15 of Convention No. 129.Number of labour inspectors who perform duties according to the terms of the Convention. Material resources. The Committee notes the Government’s indication in its report that the numbers of inspectors and sub-inspectors in the Labour and Social Security Inspectorate (ITSS) were, respectively: 1,021 and 999 in 2019; 1,007 and 971 in 2020; 1,011 and 1,102 in 2021; and 1,031 and 1,168 in 2022. The Government also indicates that in 2019 selection procedures were organized to fill 60 posts for labour and social security inspectors, 60 posts for labour sub-inspectors (occupational safety and health (OSH) corps), and 67 posts for labour sub-inspectors (employment and social security corps); in 2021, the equivalent respective numbers were 73, 69 and 62 posts, with 181, 128 and 146 posts in 2022. As regards material resources, the Committee notes the Government’s indication that €76,555.59 were spent on furniture and furnishings for the ITSS in 2019 and building modernization work was undertaken at a cost of €150,062.52, while in 2021 furniture and furnishing costs were €254,796.55, with no building work needed.

The Committee notes the UGT’s indication in its observations that while it appreciates the measures taken by the Government during the last few years, allocating more resources to the labour inspectorate, there is a need to increase staff numbers and resources, as well as to reinforce and update the ITSS so that it can perform its duties and respond effectively to the challenges of the labour market. In this regard, the CCOO also states that the number of inspectors and sub-inspectors is still insufficient, especially in view of technical innovation and digitalization, amendments to labour legislation and the growth in the working population. It also indicates that since 2016 there has been a drop in the number of support staff, decreasing from 1,198 in 2016 to 1,045 in 2021. The CCOO states that this reduction has direct consequences on inspection activity, since it produces bottlenecks which delay activity and results in inspectors and sub-inspectors having to take on additional or auxiliary tasks which should be performed by support staff. The Committee notes the Government’s indication in reply to these observations that: (i) ITSS human resources planning responds to the objective of the effective provision of services and efficiency in the use of available financial resources through the appropriate use of staff, and their best distribution, training, promotion and mobility, in line with the terms of the Basic Public Service Regulations; (ii) the Government’s commitment to reinforcing the ITSS system can be seen in the “public employment vacancies” exercise for 2023, approved by Royal Decree 625/2023 of 11 July 2023, which invites applications for 120 posts for labour and social security inspectors (90 new entrants and 30 internal promotions), 65 posts for OSH sub-inspectors (all new entrants) and 85 posts for social security and employment sub-inspectors (65 new entrants and 15 internal promotions); and (iii) the ITSS support staff has also been strengthened, since, through the 2021 “public employment vacancies” exercise, the General Administration of the State (AGE) filled 200 posts with temporary staff until official procedures for permanent appointments are completed.

The Committee also notes that the UGT underlines the importance of prompt and flexible action by the labour inspectorate, with an eye to the new challenges of the labour market, such as digitalization and the platform economy. The Committee also notes that the CEOE and CEPYME indicate in their joint observations that the growing use of artificial intelligence by public administrations, and especially the use of predictive control programmes by the ITSS, requires transparency and accountability with regard to algorithms and mass treatment of data used by the labour inspectorate in its supervision and control activities. As regards the dissemination of instructions and criteria, and transparency and accountability regarding algorithms and mass treatment of data, the Committee notes the Government’s reference, in reply to these observations, to the provisions of Act 19/2013 of 9 December 2013 concerning transparency, access to public information and good governance. While noting the measures already adopted, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the number of labour inspectors and the resources placed at their disposal are sufficient to ensure the effective performance of the duties of the ITSS. In particular, the Committee requests the Government to provide data on: (i) the number of inspectors who belong to the ITSS, including the number of sub-inspectors in the different corps, and also the number of support staff; and (ii) the invitations to apply for posts through the “public employment vacancies” exercise and the corresponding assignments. The Committee also requests the Government to supply information on the use of artificial intelligence and its impact on the performance of the duties of the labour inspectorate to secure the enforcement of the legal provisions.

Article 5 of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129. Cooperation with other government services and institutions. Collaboration with employers and workers in the ITSS General Council. Further to its previous comments on the measures taken in the context of the COVID-19 pandemic, the Committee notes the Government’s indication that the ITSS had to adjust its structure and operations because of the pandemic and that once the emergency had ended, the institutional bodies of the ITSS resumed their normal functioning. In particular, it indicates that the concerns addressed in previous comments have been covered in the General Council through the performance of its functions to provide information, conduct hearings and organize consultations. The Committee also notes the Government’s reference to the approval of the ITSS Strategic Plan 2021–23 by the Decision of 29 November 2021 of the State Secretariat for Employment and the Social Economy publishing the Agreement of the Council of Ministers of 16 November 2021. In this regard, the Committee notes that the UGT indicates in its observations that the Plan has had the support of the most representative trade unions and employers’ associations and expresses the wish that the commitment set out in the Plan to reinforce the labour inspectorate through modernization and more effective and efficient organization will be honoured.

Further to its previous comments on the functioning of the ITSS General Council, the Committee notes the Government’s indication, with reference to recent years, that the plenary of the General Council met on 30 September 2020, 12 July and 21 September 2021, 26 September 2022 and 15 March 2023. In this regard, the Committee notes the UGT’s indication in its observations that there are many topics to cover at these meetings and time is limited, so it is impossible to address them in the necessary depth and detail. In particular, it asserts that the participation of the social partners in the meetings needs to be more efficient, effective and relevant and that the number and duration of meetings each year should be increased. Moreover, the social partners should be informed in advance of the matters to be discussed so that they can address them more effectively and meetings can function more smoothly. As regards ITSS cooperation with other services and institutions, the Committee notes the Government’s indication that: (i) by Order PCM/922/2021 of 1 September 2021, the Interministerial Coordination Committee for the cohesive functioning of the ITSS was established as a joint coordinating body between the Ministry of Labour and the Social Economy and the Ministry of Inclusion, Social Security and Migration; (ii) section 82(2) of Royal Decree 1029/2022 of 20 December 2022, approving the “Regulations on the protection of health against risks arising from exposure to ionizing radiation”, establishes the form of collaboration between the ITSS and the Nuclear Safety Council; and (iii) a number of collaboration agreements have been signed with other state agencies. The Committee also notes that the UGT underlines the importance of labour inspection being coordinated with all administrations, both of the State and of the autonomous regions, and having the participation of the social partners.

The Committee further notes that the CEOE and CEPYME indicate in their joint observations that: (i) it is important to pursue the collaboration of the social partners at the level of both the State and the autonomous regions with regard to the formulation of action plans and inspection campaigns; (ii) given the configuration of the business structure in Spain, which consists mainly of micro, small and medium-sized enterprises (MSMEs), the assistance and information function of the ITSS should be boosted to place it ahead of its enforcement role, increasing its intensity and scope with the participation of the social partners; and (iii) it is a priority to disseminate the instructions and criteria of the inspectorate as instruments that facilitate awareness of the standards and the proper application thereof with the participation of the social partners.

The Committee notes the Government’s indication, in reply to these observations, that: (i) section 30(2), in conjunction with section 29(2), of the “Act establishing the labour and social security inspection system (LOSITSS)” recognizes the information, hearing and consultation function of the ITSS General Council with regard to the ITSS general action plans and programmes and the requisite implementing measures, as well as the measures for collaboration with other administrations to ensure better implementation of the duties assigned to the ITSS; and (ii) section 12(2)(a) of the “Act concerning labour-related violations and penalties” already provides for the supply of information and technical assistance to enterprises, especially SMEs, in relation to the performance of inspections, with the aim of facilitating better compliance with the relevant labour provisions. The Committee requests the Government to provide information on the measures taken or envisaged: (i) in the context of implementation of the ITSS Strategic Plan 2021–23; and (ii) to ensure the effective functioning of the ITSS General Council with the participation of the social partners. The Committee also requests the Government to continue providing information on the measures taken or envisaged to ensure the collaboration of the ITSS with other agencies, including information on collaboration agreements that have been concluded.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the CCOO’s indication that there has been a failure to observe the general agreement reached in July 2021 on conditions of work and pay for ITSS staff, which included commitments regarding conditions of work, recognition in terms of wages, in both the fixed and variable parts, reinforcement of staff numbers for direct inspection work and support roles, and new job descriptions reflecting many of these commitments in practice. In particular, the CCOO indicates that: (i) this agreement subsequently featured in the ITSS Strategic Plan approved by the Council of Ministers on 16 November 2021 and was given a budget allocation in the general state budget for 2022; (ii) its implementation has still not been authorized, and as a result, since mid–2022 and more intensely since early 2023, ITSS staff have engaged in trade union mobilization and demonstrations, calling for observance of the agreement of July 2021, decent working conditions and pay, and the assignment of sufficient staff to the ITSS; and (iii) the effective application of the Conventions is jeopardized if the labour inspectorate does not have appropriate conditions of employment and sufficient recognition of their work. The CCOO also indicates that this situation is resulting in loss of motivation, loss of prestige and loss of human capital, since many ITSS workers are considering a transfer to other spheres of public administration or to the private sector. The Committee requests the Government to provide information on the measures taken or envisaged in the context of implementation of the agreement reached in July 2021 on improving the conditions of service of ITSS staff.

Articles 9, 10, 13 and 17 of Convention No. 81 and Articles 11, 14, 18 and 22 of Convention No. 129. Inspection staff numbers and monitoring of safety conditions in workplaces. Further to its previous comments, the Committee notes the Government’s indication that the ITSS management has been increasing inspection system resources for preventive tasks every year, with a constant increase in the number of labour and social security inspectors and OSH sub-inspectors, to whom supervision and monitoring duties are assigned with regard to the prevention of occupational risks. In particular, the Government indicates that, to date, there are 217 OSH sub-inspectors in active service and that the progressive incorporation of these sub-inspectors implies reinforcement of ITSS activity in this area, making it possible for checks on material conditions of work and similar or related conditions to be carried out not only by labour and social security inspectors but also by the new sub-inspector corps, and this has an impact on compliance with the regulations on occupational risk prevention. The Committee also notes that the Government has supplied information on activity undertaken since the incorporation of the sub-inspectors into the ITSS, violations detected and penalties imposed during the 2019–22 period. The Committee takes note of this information, which addresses its previous request.

Specific issues relating to labour inspection in agriculture

Articles 6(1)(a), 21 and 24 of Convention No. 129. Enforcement duties of labour inspectors in agriculture. Further to its previous comments, the Committee notes the statistical information provided by the Government on hours of work in the agriculture and livestock sector for the 2018-22 period. In particular, the Government indicates with regard to overtime in the sector that there were: (i) 62 inspection operations in 2018, 48 in 2019, 38 in 2020, 36 in 2021 and 48 in 2022; (ii) 13 violations incurring fines amounting to €20,381 in 2018, two in 2019 with fines of €8,126, nine in 2020 with fines of €6,633, six in 2021 with fines of €8,504, and nine in 2022 with fines of €13,328.50; (iii) six compliance orders in 2018, eight in 2019, one in 2020, nine in 2021 and eight in 2022; and (iv) one mediation case in 2019 and none in the other years. The Committee also notes the information provided by the Government on operations carried out and violations detected with regard to insurance and contributions in the agriculture and livestock sector for the 2018–22 period.

The Committee notes the CCOO’s indication in its observations that in view of the importance of agriculture in the country, it is necessary to: (i) reinforce human and material resources to ensure effective inspection in the sector, and also implement coordination with the administrations of the autonomous regions; (ii) provide provincial labour inspectorates with more technical and IT resources to enable the exchange of data with other entities, such as the Social Security Treasury-General (TGSS), the State Public Employment Service (SEPE) and the public employment services of the autonomous regions; (iii) continue to reinforce channels of collaboration with the ITSS together with the representative social partners in the context of the “Strategic labour inspection plans” with a view to making agriculture a priority area for inspection; and (iv) continue inspection operations in the follow-up and monitoring of the implementation of labour reform, with a special focus on the application of new contracting procedures and, specifically, of permanent seasonal contracts in agriculture and the food industry. The Committee notes the Government’s indication, in response to these observations, that: (i) there are already exchanges of data between the ITSS, TGSS and SEPE; and (ii) the formulation of the ITSS Strategic plan 2021–23 was a highly participatory process, which enabled multiple inputs to be received from the trade unions and employers’ organizations and from the autonomous regions, with many of these inputs incorporated to enrich the final text. While taking note of the information provided, the Committee requests the Government to continue providing statistical data on the number of inspections, violations and penalties imposed in the agricultural sector. Furthermore, in view of the lack of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure enforcement of the regulations relating to conditions of work in cooperatives in agriculture.

B. Labour administration

Application in practice. The Committee notes the Government’s reference to the reports of the ITSS, the National Occupational Safety and Health Institute (INSST), the Wage Guarantee Fund, the SEPE and the Economic and Social Council. The Committee notes this information, which addresses its previous direct request.

Articles 4 and 5 of Convention No. 150. Effective and coordinated operation of the labour administration system in consultation with the social partners. Further to its previous comments, the Committee notes the Government’s indication that the ministerial departments were restructured pursuant to Royal Decree 2/2020 of 12 January 2020 and that the Ministry of Labour, Migration and Social Security was divided into two separate ministerial departments: the MTES, regulated by Royal Decree 499/2020 of 28 April 2020, and the MISSM, regulated by Royal Decree 497/2020 of 28 April 2020. The Government indicates that the MTES has responsibility for proposing and implementing policy relating to employment, the social economy and corporate social responsibility, and the MISSM is responsible for proposing and implementing policy relating to social security and pensions, and also for formulating and implementing policy on foreign affairs, immigration and emigration, and inclusion.

With regard to coordination between administrations, the Committee notes that the Government highlights the role of the collegiate bodies with regional participation and the “Strategic project for the recovery and economic transformation of the social and care economy”, regulated by Royal Decree-Law 36/2020 of 30 December 2020, approving urgent measures for modernization of the public administration and for implementation of the plan for recovery, transformation and resilience. The Committee notes this information, which addresses its previous direct request.

Article 5. Consultation, cooperation and negotiation with the social partners within the system of labour administration. Further to its previous comments, the Committee notes the Government’s indication that the ninth supplementary provision of Royal Legislative Decree 2/2015 of 23 October 2015, approving the consolidated text of the Workers’ Statute, established new regulations for the National Advisory Committee on Collective Agreements, under which this body, in addition to its duties relating to consultation, advice and research, was also assigned the duty of intervening in procedures for resolving any disagreements in the period of consultations relating to the non-observance of conditions of work established in collective agreements. The Committee also notes the Government’s indication that: (i) during the COVID-19 pandemic, social agreements for the defence of employment were adopted between the unions, the employers and the Government in order to determine the content and duration of redundancy schemes (ERTE); and (ii) by means of the Labour Department Decision of 10 December 2020, the “Sixth agreement on the autonomous resolution of labour disputes (extrajudicial system)” was registered and published, with the aim of reinforcing social dialogue.

The Committee notes the UGT’s indication in its observations that: (i) there is an established labour administration which in recent years has boosted and strengthened social dialogue and the advisory function of participatory institutional bodies, including with regard to the formulation of national labour policy; and (ii) even though institutional participation is an unquestionable right, it has varied greatly in form in the different spheres of public policy and has been disjointed on account of the lack of regulation for such institutional participation. In reply to the last point, the Government indicates that although nothing stands in the way of adopting a standard-setting text in this regard, it is unaware in what sense current regulations on this subject infringe the provisions of the Convention.

The CCOO, for its part, recognizes in its observations that changes during the last legislature have resulted in important agreements on employment policy, including with regard to the protection of enterprises and workers at the time of the COVID-19 pandemic, digital platforms and the use of algorithms in employment, the occupational safety and health strategy, and labour reform. However, the confederation asserts that processes have been maintained with significant repercussions in the sphere of employment and labour relations without the participation or consultation of the trade unions, such as the amendment of the Insolvency Act, in which the participation of institutional structures such as the Economic and Social Council was very precarious because of the urgent nature of the procedures in question.

The Committee also notes that both the UGT and CCOO express concern at the situation in Castilla and Léon with regard to social dialogue. The UGT claims that the policies being implemented by the regional Government are aimed at doing away with social cooperation and in particular at abolishing the Regional Labour Relations Service Foundation, a joint extrajudicial body which uses conciliation, mediation and arbitration to settle differences arising from labour disputes, and which has become one of the fundamental pillars of labour relations in this autonomous region. The CCOO highlights the delegitimization of the social dialogue process, the undermining of participatory institutional bodies, the elimination of subsidies and non-compliance with various agreements, resulting in the abolition of public labour policy programmes worth more than €60 million. The Committee notes the Government’s assertion, in reply to the observations of the UGT and CCOO, that the MTES is aware of the situation described, it shares the concern expressed, and possible legal channels are being studied to ensure due compliance with the commitments made in this area at the level of the autonomous region. While welcoming the progress made in the country with regard to social dialogue, the Committee requests the Government to provide information on the CCOO’s observations regarding the lack of participation and consultation of the trade unions in significant processes in the area of employment and labour relations, and also regarding the precarious participation of the Economic and Social Council. The Committee also requests the Government to provide information on developments in the situation relating to the allegations of the UGT and CCOO concerning the possibility that the Government of Castilla and Léon may abolish the Regional Labour Relations Service Foundation.

Article 6. Functions of the labour administration system. National labour policy. Further to its previous comments, the Committee notes the Government’s reference to the adoption of Royal Decree-Law 32/2021 of 28 December 2021 on urgent labour reform measures, guarantees of employment stability and changes in the labour market. In particular, the Government indicates that this reform was the result of social dialogue and agreement between the CCOO, UGT, CEOE and CEPYME and that it highlights the crucial role of the public administration in determining national employment policy. It also indicates that, as regards vocational training for employment, there is a division of competencies between the General Secretariat for Vocational Training at the Ministry of Education and Vocational Training and the SEPE at the MTES. In this regard, the CCOO asserts that this new distribution of competencies has not helped to improve systems for consultation and participation of the social partners. It also asserts that the unilateral amendment by the Government in 2015 (through Act 30/2015 of 9 September 2015, regulating the system of vocational training for employment in the labour sphere) deprived the trade unions and employers’ organizations of many of their previous areas of effective participation and consultation, and these have not been restored. The Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 10. Human and financial resources. Impact of austerity measures on labour administration services. The Government indicates, further to the Committee’s previous comments, that in the general state budget for 2022 the MTES had a budget allocation of €29.473 billion. It also indicates that the improvement of the labour market means not only that the SEPE will not need support from the State, since it will be self-financing from unemployment and training funds, but also that active employment policies will have their best figures in history with more than €8 billion, of which €6.847 billion will be administered by the SEPE. The Government further indicates that budget allocations for other relevant labour administration bodies have been strengthened and that funds transferred to the Economic and Social Council increased by 15.1 per cent in 2023. In this regard, the CCOO alleges that even though there has been a significant adjustment in the general state budget regarding resources for public administration bodies, allocations for both central and regional labour administration bodies are still insufficient. In particular, it asserts that there has still been nothing done to make up for the heavy job losses that occurred in the 2009–18 period and that, except with regard to labour inspection and social security, labour administration has not been treated as a priority category in terms of staff recruitment. While noting the detailed information on the budget provided by the Government, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour administration is provided with the necessary human and financial resources for the effective performance of its functions, including data on trends in staff numbers and financial resources allocated to the labour administration system.