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

Forced Labour Convention, 1930 (No. 29) - Spain (Ratification: 1932)
Protocol of 2014 to the Forced Labour Convention, 1930 - Spain (Ratification: 2017)

The Committee notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) and the observations of the General Union of Workers (UGT) and Trade Union Confederation of Workers’ Commissions (CCOO), communicated by the Government in its report. It also notes the Government’s reply to these observations.

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat forced labour, including trafficking in persons. Article 1(2) of the Protocol. National plans. In response to the Committee’s comments, the Government indicates in its report that the National Plan to combat trafficking and exploitation of persons (PENTRA) has been adopted. The Committee duly notes that the plan covers trafficking in persons for both sexual and labour exploitation. The Committee also notes with interest the adoption of the National Plan against Forced Labour, Compulsory Labour Relations and other Forced Activities, which seeks to redress the gaps and shortcomings generated by the lack of adequate regulations on forced labour. The Committee notes that both plans have five priority action areas: (i) awareness and study of the phenomenon of forced labour and trafficking in persons; (ii) prevention and awareness-raising; (iii) identification of, and protection and assistance for victims; (iv) prosecution; and (v) coordination and cooperation.

The Committee also notes that the Strategic Plan of the National Labour and Social Security Inspectorate 2021–23 includes a provision on trafficking in persons and forced labour, which covers, inter alia: (i) collaboration with the national rapporteur against trafficking in persons; (ii) the development of an instruction with the Public Prosecutor’s Office for labour exploitation; (iii) the signing of a collaboration agreement with the State security forces and bodies; and (iv) the establishment of a network of experts on this subject under the National Labour and Social Security Inspectorate (ITSS).

Furthermore, the Committee notes the preliminary Comprehensive Basic Bill against Trafficking and Exploitation of Persons, which fully covers actions against all forms of trafficking and exploitation, including for sexual and labour purposes and organ trafficking. This preliminary Bill addresses the due diligence of enterprises, contains provisions on awareness-raising and training in the private sector, and seeks to reform the Criminal Code, introducing the crime of forced labour, slavery and similar practices as a specific and distinct offence.

The Committee welcomes the measures taken to strengthen the institutional and legal framework against all forced labour practices, and encourages the Government to continue to take measures to ensure systematic and coordinated action. The Committee requests the Government to provide information on the follow-up and final evaluation reports of the implementation of the National Plan to combat trafficking and exploitation of persons (PENTRA) (2021–23). The Committee once again requests the Government to specify the actions taken by the national rapporteur on trafficking in persons and on his/her interaction with other institutions, and to provide information on the progress made in adopting the preliminary Comprehensive Basic Bill against Trafficking and Exploitation of Persons.

Article 25 of the Convention and Article 1(1) of the Protocol. Prosecution and penalties. In relation to the legal cases and penalties imposed for the crime of trafficking (section 177bis) and for offences against workers’ rights (sections 311 and 312), the Government indicates that between 2019 and 31 May 2023, 238 convictions were handed down under section 177bis, 586 convictions under section 311 and 5,549 convictions under section 127 (confiscation of assets). It adds that, between 2019 and 2022, there were 32 interventions in trafficking in persons for labour exploitation and 131 interventions into crimes against workers’ rights. The Civil Guard has also conducted a total of 4,456 labour inspections, 85.48 per cent of which were in coordination with the ITSS.

The Committee notes Basic Act No. 14 of 2022, amending section 311(2) of the Criminal Code, and defining as an offence the imposition of illegal conditions on workers, by recruiting them under terms unconnected with the employment contract, or when such conditions persist despite administrative orders or penalties.

The Committee notes, however, that the Group of Experts on Action against Trafficking in Human Beings (GRETA), in its Evaluation Report, the third evaluation round, expressed its concern at the low numbers of investigations, prosecutions and convictions for trafficking in persons for the purpose of labour exploitation.

The Committee requests the Government to continue to provide information on the number of investigations and judicial proceedings under way and finalized relating to sections 177bis (crime of trafficking), 311 and 312 (crimes against workers’ rights). In particular, it requests the Government to provide information on cases where labour inspection has detected possible situations of trafficking in persons for labour exploitation, and particularly on the type of coordination between labour inspection and the Public Prosecutor’s Office to advance the relevant criminal proceedings.

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. The Government indicates that the Civil Guard raises awareness of trafficking in persons both internally (its members in the academies) and externally (civil society). With regard to labour exploitation, especially in agricultural areas, the Civil Guard has carried out awareness-raising campaigns, distributing leaflets in 11 languages to help victims identify themselves and report their situation. In relation to training and awareness-raising for judiciary staff, the Government states that it has taken measures, such as the creation of a specific course on smuggling and trafficking in persons and the publication of a new edition of the guide of criteria for judicial action against trafficking in persons.

The Committee notes the issuance of the Statistical Review on Trafficking and Exploitation of Human Beings in Spain (2019–23), drawn up by the Intelligence Centre against Counterterrorism and Organized Crime (CITCO), which compiles and categorizes persons at risk of trafficking and of labour exploitation, and administrative inspections and detainees. The Committee notes that Basic Act No. 10/2022 provides for the adoption of measures by public bodies for prevention, awareness-raising and promotion of reporting to prevent cases of trafficking in women for sexual exploitation and forced marriage (section 13). The National Plan against Forced Labour provides for information campaigns aimed at employers and workers, especially in the sectors with a higher incidence of forced labour. In this respect, the Committee notes that the Government does not provide information on the studies and the statistical information compiled regarding at-risk sectors, such as agriculture. The Committee requests the Government to provide information on awareness-raising and education activities carried out within the framework of the national plans, particularly in at-risk sectors, such as agriculture, and on the data compiled and the studies carried out. It also requests the Government to provide information on the campaigns aimed at employers and workers, especially in the sectors with a higher incidence of forced labour, within the framework of the National Plan.

Clause (c). Reinforcement of labour inspection. The Government indicates that the ITSS is developing an operational guide to improve inspection in forced labour and to establish indicators to serve as a reference for the officials involved in the process of identification, detection and assistance of victims. It adds that the Trafficking and Forced Labour Network of the ITSS was set up to improve the detection of cases and coordination with public authorities and civil society, in order that, when labour inspection identifies a situation of trafficking in persons, it refers information concerning the persons possibly affected to the prosecutors.

The Committee notes that the Government has not provided specific information on the measures taken to enable the labour inspection services to intervene in sectors where it is more difficult to reach the victims. The Committee notes that in its Evaluation Report, the third evaluation round, GRETA urged the Government to ensure that sufficient resources are made available to labour inspectors to fulfil their mandate and carry out proactive and systematic inspections, including in remote locations.

The Committee encourages the Government to continue to make efforts to strengthen the capacity of the Labour Inspectorate to carry out proactive inspections to identify abuses and violations of labour legislation which may constitute forced labour, including in sectors where it is more difficult to reach the victims. It also requests the Government to provide information on the activities to modernize the aspects of the inspection system set out in the Strategic Plan of the Labour Inspectorate.

Clause (d). Protection of migrants during the recruitment process. The Government indicates that Order ISM/1302/2022 sets out compulsory follow-up and counselling for migrant workers, through the Provincial Committees for Migratory Flows (section 26). These committees receive data on job offers, occupations, permits and the number of workers by sex recruited in countries of origin, and the trade union organizations are informed of the arrival of workers when they are not legally represented in the enterprise. The Committee also notes from the information provided that employers must inform workers’ legal representatives or, if there are none, the Provincial Committee on Migratory Flows or the Provincial Committee on Agricultural Campaigns, so that the trade union organizations can assist the hired workers. The Committee notes that section 3 of Order ISM/1302/2022 sets out that employers must ensure clear conditions for the hired workers before they start their contract, including information in a language that can be understood.

The Committee encourages the Government to continue to implement measures to ensure that in law and practice the recruitment and placement process of migrant workers can be supervised, and that these workers are properly informed of their employment conditions, in order to avoid possible abusive and fraudulent practices. The Committee also requests the Government to continue to provide information on the measures adopted in this area.

Clause (e). Support for due diligence by enterprises. The Government reports that in 2022 it presented a preliminary Bill on the Protection of Human Rights, Sustainability and Due Diligence in Transnational Activities, aimed at regulating the obligation of enterprises to uphold human and environmental rights in all the activities carried out in value chains, including the implementation of due diligence mechanisms, which contribute to preventing, eliminating, mitigating and remedying human rights violations. The Committee therefore requests the Government to provide information on the measures taken to support enterprises in the prevention of forced or compulsory labour, and particularly on the adoption of the preliminary Bill on the Protection of Human Rights, Sustainability and Due Diligence in Transnational Activities, and the results achieved under its application.

Article 3 of the Protocol. Identification and protection of victims. The Committee notes the Government’s indication that trafficking victims are entitled to: (i) information and advice from the public authorities; (ii) free legal aid; (iii) a recovery period of at least 90 days with guaranteed security and subsistence for themselves and their dependants; and (iv) protection measures for witnesses and experts. It also specifies that the Civil Guard has operational protocols for actions between the Directorate-General of the Civil Guard and the bodies assisting trafficking victims.

The Committee notes that Decree No. 6/2022 allows public services providing comprehensive care or specialized social associations recognized by public authorities to identify trafficking victims in order to provide them with social assistance, access to information, assistance resources and, if they meet certain requirements, a minimum subsistence income. In addition, the regulations on the reception system for international protection (Decree No. 220/2022) require that, in the initial phase of evaluation and referral, a vulnerability assessment is conducted for asylum seekers. The Committee also notes that Basic Act No. 10/2022 recognizes victims of trafficking for sexual exploitation in the same way as victims of gender-based violence (section 3), which allows them to access a minimum subsistence income, protection, support, safety and reparation (section 41 et seq.).

Furthermore, the Committee notes that the UGT, in its observations, alleges that the protection provided for trafficking victims in section 59 bis of Basic Act No. 4/2000 and in sections 140 et seq. of Decree No. 557/2011 does not extend to cases of forced labour or labour exploitation. It specifies that, while section 126 of Decree No. 557/2011 provides for an exceptional residence and work permit for them, it is granted on the condition of completion of criminal proceedings and the declaration of victim status, and therefore almost no permits are granted. It also notes that, the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 2023, expressed its concern about the significant number of female migrants that have been trafficked for the purpose of forced labour, particularly in the agricultural sector (CEDAW/C/ESP/CO/9).

The Committee therefore requests the Government to continue to take measures for the effective protection of victims of trafficking in persons, in particular in the agricultural sector, specifying the number and characteristics of persons identified as victims, as well as the type of assistance provided. The Committee also requests the Government to provide information on the manner in which victims of forced labour benefit from the protection measures contained in Act No. 4/2000 and Decree No. 557/2011.

Article 4(1) of the Protocol. Access to remedies and compensation. In relation to the compensation ordered by prosecutors for trafficking victims, the Government indicates that there were 24 convictions in 2020 and 38 convictions in 2021 under application of section 177 bis of the Criminal Code, and that the police and the Civil Guard have reinforced the human and material resources for searching and finding assets in the context of criminal investigation proceedings, to assist the judicial and prosecution bodies in the confiscation of property, assets and earnings deriving from criminal activities.

In addition, the Committee notes that, in its 2023 Evaluation Report, the third evaluation round, GRETA expressed its concern at the low number of victims who obtained compensation from the perpetrators and at the fact that no victim of trafficking has obtained state compensation.

In this respect, the Committee recalls that prosecutors are required to demand compensation for victims of any offences, and once again requests the Government to provide information on the number of cases in which prosecutors have ordered compensation for victims of trafficking, the number of cases in which the courts have granted such compensation and on other mechanisms by which victims of forced labour may obtain adequate and effective reparation.

Article 6. Consultation of employers’ and workers’ organizations. In relation to the manner in which the social partners participate in the Framework Protocol for the Protection of Victims of Trafficking in Persons, the Government indicates that Instruction No. 6/2016 entrusts the social partners with the task of guaranteeing the dissemination of any information relating to trafficking in persons, ensuring the exchange of information and helping to identify victims. In this respect, the Committee notes that the UGT in its observations indicates that the expression “social partners”, used in the instruction, refers to members of the police force, the Civil Guard or designated experts at territorial level, and not to employers’ or workers’ organizations. The Committee also notes that, in their observations, the CEOE and the CEPYME state that there has been hardly any dialogue with the social partners in the development of certain standards. In reply, the Government indicates that during the legislative process, prior consultation is carried out, as well as a public hearing.

The Committee once again requests the Government to indicate the measures adopted to ensure that national policies or plans of action against forced labour are formulated in consultation with the employers’ and workers’ organizations, in accordance with Article 2(1) and Article 6 of the Protocol.

Article 1(1) and 2(1) of the Convention. Obligation for persons receiving unemployment benefit to engage in community work. The Committee notes with interest that, following the reform introduced by the second final provision of Royal Decree 2/2024 of 21 May the refusal to participate in community work is no longer considered a serious offence and therefore does not entail the suspension of unemployment benefit, which is a right based on the individual’s previous contributions.