Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the Government’s report and the information supplied in reply to its previous direct request. It has also noted the observations made by the Trade Union Federation of Workers’ Commissions (CC.OO.) on the effect given to Articles 2 and 5 of the Convention.

Article 2, paragraph 1, of the Convention.  The Committee recalls that its previous comments related to the need to amend section 37.1 of the Workers’ Charter to provide, in accordance with this Article of the Convention, in every period of seven days a period of rest comprising at least 24 consecutive hours. It notes that the Government merely indicates that the possibility provided in section 37.1 of accumulating the weekly rest period for up to 14 days is a feature of the policy it initiated in 1994 in order to make working time more flexible. The CC.OO. for its part denounces the Government’s lack of action despite the Committee’s comments. The Committee recalls that in its previous direct request it indicated that by permitting in general, and at any time, an accumulation of the rest period, section 37.1 of the Workers’ Charter goes beyond the latitude envisaged in Article 2, paragraph 1 of the Convention.

Article 5.  The Committee notes the information supplied by the Government on the application by Royal Decree No. 1561/1995, of section 37.1 in relation to section 34.7 of the Workers’ Charter. It recalls, however, that its previous comments also related to section 41.1 of the Workers’ Charter which provides in general that when there are imperative reasons imposed by the economy, technology, the organization or production of the undertaking, the employer may decide to carry out substantial modifications in the conditions of employment, particularly those relating to duration of work. It draws the Government’s attention once again to the need to adopt, in compliance with Article 5 of the Convention, provisions prescribing rest periods in compensation for suspensions or diminutions made.

The Committee trusts that the Government will take its comments duly into account and will take the necessary measures as soon as possible to bring its legislation into conformity with the Convention on the abovementioned two points.