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

Spain

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1958)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1971)
Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) (Ratification: 1995)

With the aim of providing a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 95 (protection of wages), 131 (minimum wage) and 173 (protection of workers’ claims in the event of insolvency) together in the same comment.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), and the joint observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (CEPYME), received with the Government’s report, and the Government’s response to all of these observations.

Minimum wage

Article 3 of Convention No. 131. Criteria for determining the minimum wage. The Committee notes the indication by the UGT in its observations that Royal Decree No. 99/2023, of 14 February, increases the minimum inter-occupational wage (SMI) for 2023 by 47 per cent in relation to the five previous years, with a significant effect in terms of the reduction of wage, social and economic inequality. The CCOO indicates that: (i) since 2018, the increases to the minimum wage amounted to 41.30 per cent in total up to 2022; and (ii) nevertheless, in households with more than one person, the minimum wage is still below the poverty risk threshold, even though the difference has been reduced by 10 percentage points.

The Committee also notes that, in their joint observations, the CEOE and the CEPYME indicate that, between 2015 and 2023, the minimum wage rose by 62 per cent. In the view of these organizations, this increase: (i) amounts to interference in collective bargaining, as it has an impact on the basic wage components upon which the price of the work factor is negotiated in collective agreements; (ii) is blocking negotiations in such sectors as agriculture and fruit production; and (iii) is particularly affecting enterprises that work for the public sector, in view of the impact of this increase on the contracts of enterprises engaged in works and services.

The Committee further notes that, in its response to the observations of the CEOE and the CEPYME, the Government indicates that: (i) there will have to be changes to the national legislation due to the transposition of Directive (EU) 2022–2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union, the time limit for the transposition of which expires on 15 November 2024; and (ii) in accordance with the Directive, the criteria to be taken into account for the establishment of adequate statutory minimum wages are the general level of wages and their distribution, and the growth rate of wages, which are not currently covered by the Spanish legislation. The Committee notes this information which replies to its previous request.

Protection of w ages

Article 12 of Convention No. 95. Regular payment of wages. Application in practice. With reference to its previous comments, the Committee notes the Government’s indication that: (i) in 2021, the Labour and Social Security Inspectorate (ITSS) undertook 126,928 activities concerning labour relations, 12.69 per cent of which were related to wages, wage slips and termination records; (ii) 13.7 per cent of a total of 29,111 compliance notices and 8.9 per cent of a total of 15,055 violations relating to labour relations were on wage issues; and (iii) through Instruction No. 2/2019 on inspection relating to unpaid wages for a better, rapid and effective response to complaints, with an intensification of gender-related activities, a wage programme and a new campaign to control wage conditions were established in 2019.

The Committee notes the UGT’s indication in its observations that unpaid wages or wage arrears are an enterprise practice that is a matter of concern in the country and, while it appreciates the efforts made by the Government to intensify the activities of the ITSS in this field since 2019, the following information is not available which is necessary to assess the extent of the problem: the number of complaints made to the courts on this subject and their outcome; and the mechanisms that have been established since 2012 for the settlement of wage claims by the labour courts. The Committee notes the Government’s indication, in response to these observations, that the ITSS does not have data available on the complaints made to the courts in relation to wages.

The Committee also notes the indication by the CCOO in its observations that: (i) there appears to have been an increase in the overall level of activities by the ITSS since 2016, especially for the launching of the programme on unpaid wages in 2019; (ii) according to data produced by the General Council of the Judiciary, judicial action on wage claims increased by 9.3 per cent between 2016 and 2021, with a resulting increase in delays in the settlement of such cases; and (iii) according to data published in 2022 in a European Union study, the informal economy accounts for 15.8 per cent of the Gross Domestic Product, which has an impact on guarantees of the payment of wages. The Committee notes the Government’s indications in response to these observations that, with a view to preventing cases of non-compliance, the amounts of the penalties set out in section 40 of Royal Legislative Decree No. 5/2000, of 4 August, have been increased, for which reason a revised version of the Act on social infringements and penalties has been adopted. While welcoming the efforts made by the ITSS in relation to wages, the Committee requests the Government to continue providing information on the measures adopted or envisaged to ensure in practice the regular payment of wages to all workers, including workers in the informal economy.

Articles 9 to 13 of Convention No. 173. Protection of workers’ claims in pre-insolvency proceedings. The committee notes the CCOO’s indications in its observations that neither the Insolvency Act (Royal Legislative Decree No. 1/2020, of 5 May) nor its revision (Act No. 16/2022, of 5 September, transposing Directive (EU) 2019/1023 of the European Parliament and of the Council, of 20 June 2019) have improved the situation with regard to workers’ claims. The UGT emphasizes in its observations that the reform of the Insolvency Act improves the protection of workers’ claims during the pre-insolvency period in comparison with the previous regulations through the exclusion of workers’ claims from the debt restructuring process and the protection offered by sections 32 and 33 of the Workers’ Charter. In response to these observations by the social partners and with reference to its previous comments, the Committee notes the Government’s indication that, following the 2022 reform: (i) pre-insolvency agreements are taking the form of restructuring plans and, in the case of micro-enterprises, through the special continuation procedure; (ii) workers’ claims are not being affected by restructuring plans, unless they are accepted on a voluntary basis and with the exception of higher managerial personnel, under the terms of section 616 of the Insolvency Act; and (iii) the guarantees for wage claims set out in section 32 of Royal Legislative Decree No. 2/2015, of 23 October, are maintained, for which reason the amended text of the Workers’ Charter was approved, as well as the protection afforded by the Wage Guarantee Fund, as envisaged in section 33(3) of the Workers’ Charter. The Committee notes this information which replies to its previous request.