Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes the Government's reply to its previous comments and the very detailed information and documentation supplied with the report for the period 1990-92. The Committee has also examined the various legislative texts which accompanied this report and notes the modifications made by the new legislation, particularly in the field of unemployment insurance. The Committee also notes the comments on the application of the Convention made by the General Union of Workers, which were transmitted with the above report, and notes the Government's observations on the points raised by the above trade union organization.

1. With regard to the matters which it raised in its previous comments, the Committee wishes to point out the following:

Part VI of the Convention (Employment injury benefit). (a) Article 34, paragraph 2. The Committee requested the Government to indicate by virtue of which laws and regulations, nursing care at home, dental supplies and eye glasses are provided free of charge to victims of employment injury, in accordance with paragraphs (c) and (e) of this provision of the Convention. In its reply, the Government refers to section 11(1) of Decree No. 2766 of 16 November 1967 which describes, in general terms, the nature of medical care provided to the victims of employment injuries. This care includes medical and surgical care, pharmaceutical products, and any diagnostic tests or therapeutic care considered necessary by the physicians. The above Decree also covers the provision and renewal of prosthetic appliances and surgical supplies, as well as plastic surgery in the event of a mutilation which has deformed their physical aspect, or made their reintegration into active life more difficult.

The Committee notes this information. It also notes the comments made on this point by the General Union of Workers to the effect that nursing care at home and certain dental supplies, such as prosthetic appliances, are not covered by the insurance scheme and are entirely at the expense of the persons concerned. The Committee therefore requests the Government to state whether the above care, as well as the supply of eye glasses, are included in the care mentioned in section 11 of the Decree of 1967 and provided free of charge and, if not, to take the necessary measures to give full effect to the Convention in this respect.

(b) Article 36 (in relation with Article 65, paragraph 10). In reply to the Committee's previous comments concerning the manner in which, in law and in practice, the readjustment is ensured of the pensions provided to the victims of employment injuries in the event of permanent incapacity, or to their survivors, in the event of their death, the Government states that this adjustment is provided for by the social security legislation and in particular by Act No. 26 of 31 July 1985. It adds that, following an agreement with the central trade union organizations in February 1990, pensions are adjusted annually on the basis of the consumer price index for the previous year. Furthermore, insured persons who are receiving long-term benefits are paid 14 monthly pensions per year. The Committee notes this information with interest. It also notes the comments made on this point by the General Union of Workers and hopes that the Government will continue to undertake - even beyond 1993, when the agreement with the central trade union organizations expires - the adjustment of long-term benefits taking into account in so far as possible increases corresponding to the real annual inflation rate. The Committee also hopes that the Government will supply detailed information on this matter, including statistics as requested in the report form adopted by the Governing Body on the application of the Convention.

2. The Committee also requests the Government to supply additional information on the following matters:

(a) Part IV of the Convention (Unemployment benefit), Articles 23 and 24. The Committee has examined the new legislation respecting unemployment which was supplied by the Government, namely Act No. 22 of 30 July 1992 respecting urgent measures to promote employment and protect against unemployment. It also notes the information supplied in the report concerning this Act and notes the comments made on the subject of the application of the Employment Policy Convention, 1964 (No. 122), by the General Union of Workers and the Trade Union Confederation of Workers' Commissions. The Committee notes that the above Act provides, among other measures, for stricter qualifying periods for entitlement to unemployment benefit (the qualifying period has been increased from six months to one year or to 360 days of contribution) while reducing the amount of the benefits. Similar changes also concern the conditions for the duration of the provision of the benefits, which varies between 120 days (for a contributory period of from 360 to 539 days) and 720 days (for a contributory period of at least 2,160 days). The Committee also notes that the new legislation has made a number of changes with regard to the definition of "suitable" employment, which it proposes to examine on the occasion of the Government's next report on the Unemployment Provision Convention, 1934 (No. 44), which has also been ratified by Spain. Although aware of the reasons which have led the Government to take additional urgent measures in the field of unemployment insurance, the Committee recalls that the Convention, although it does not determine the qualifying period, provides in Article 23 that unemployment benefit shall be secured at least to a person protected who has completed such qualifying period as may be considered necessary only to preclude abuse. The Committee hopes that the Government will re-examine the matter and that its next report will contain information on this subject.

(b) Part XIII (Common provisions), Article 72. In its comments on the application of the Convention, the General Union of Workers states that most of the contributions (more than 70 per cent) paid as insurance against employment injury are administered by employers' mutual benefit societies for employment injury, which are private bodies and do not allow the representatives of the protected persons to participate in their administration, contrary to the above provision of the Convention.

In the observations that it made concerning these comments, the Government states that the above mutual benefit societies, although they have the characteristics of private bodies, in fact administer public funds (made up only of employers' contributions) and are accordingly subject to the supervision carried out by the Ministry of Labour and Social Security over all public insurance institutions. This fact is confirmed, according to the Government, by the General Social Security Act of 1974 and by the General Regulations on the collaboration of the above mutual benefit societies in the management of the funds allocated to insurance schemes against employment injury (Royal Decree No. 1509 of 21 May 1976). The Government adds that the supervision of the above mutual benefit societies is entrusted by the Ministry of Labour to the General Secretariat for Social Security and that it is exercised by the various executive centres of the above institution.

The Committee notes these statements and the information supplied by the Government in its report to the effect that the persons protected participate in the administration of insurance schemes through national or provincial councils composed of representatives of the public administration, representatives of employers and of the trade union organizations concerned, despite the fact that the management of social security schemes is entrusted to a public institution regulated by Parliament.

The Committee hopes that representatives of the persons protected will also be able to participate in the administration of mutual benefit societies for employment accidents either directly, or through tripartite councils, as in the case of other public insurance institutions according to the information supplied by the Government.