Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Spain (Ratification: 1924)

The Committee notes the information provided by the Government in its report, the observations made by the General Union of Workers (UGT), as well as the Government's reply to these observations.

The Committee notes that section 4, paragraph 4, of Act 11/1994 of 19 May 1994 amends section 37.1 of the Worker's Charter (Act 8/1980 of 10 March 1980), to provide that workers are entitled to an uninterrupted weekly rest, which can be accumulated for up to two weeks, of at least one and a half days which, as a general rule, shall include Saturday afternoon or Monday morning and the whole day of Sunday. The Committee recalls that in accordance with Article 2, paragraph 1, of the Convention, every worker shall enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours, subject to exceptions which might be authorized after consultation with responsible associations of employers and workers under Article 4. In this regard, the Committee points out that section 37.1 of the Worker's Charter permits in general and at any time an accumulation of the weekly rest period for up to two weeks and that that postponement does not appear to be limited to the allowable exceptions under Article 4, thus going beyond the latitude envisaged in Article 2, paragraph 1, of the Convention. The Committee requests the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the Convention on this point.

The Committee also notes that with regard to increases and reductions of the weekly rest period, section 37.1, as amended, remits to section 34, paragraph 7, of the Worker's Charter (set forth by section 4, paragraph 1, of Act 11/1994). Section 34, paragraph 7, states that pursuant to a proposal from the Ministry of Labour and Social Security, and following consultation with the employers' and workers' organizations concerned, the Government may increase or reduce working days and rest periods in those sectors and jobs which by virtue of their peculiarities, necessitate such modifications. The Committee also notes that section 41.1 of the Worker's Charter (as amended by section 5, paragraph 3, of Act 11/1994), provides that where there are substantiated reasons attributable to the economics, technology, organization or production of the undertaking, the management may decide to make substantial alterations to the conditions of employment, which include, inter alia, the hours of work. Referring to Article 5 of the Convention the Committee requests the Government to provide information with regard to the provision made for compensatory periods of rest in cases where exceptions have been made pursuant to sections 34.7 and 41.1.