Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Spain (Ratification: 1984)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2024, in which it reiterates the comments made by the Employer members during the discussion on the application of the Convention held in June 2024 in the Conference Committee on the Application of Standards (Conference Committee). The Committee also notes the Government’s reply to these observations, received on 27 September 2024. It further notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), communicated by the Government in its report.

The Committee also notes the observations of the General Union of Workers (UGT), received on 23 July 2025; and the observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), received on 29 August 2025. The Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (112th Session of the International Labour Conference, June 2024)

The Committee notes the discussion held in the Conference Committee on the Application of Standards (Conference Committee), in June 2024, with regard to the Convention. In its conclusions, the Conference Committee recalled that tripartite consultation to promote the implementation of international labour standards is of paramount importance. Taking into account the discussion, the Conference Committee requested the Government to: (i) continue to guarantee effective consultation with representative employers’ and workers’ organizations in the procedures required under the Convention and to provide information on the frequency of those consultations and working methods; and (ii) provide information on the measures taken to implement the above recommendations.

Articles 1, 2, 5 and 6 of the Convention. Appropriate procedures. Effective tripartite consultations. The Committee notes that the Government reiterates its commitment to the effective application of the Convention, including through the strengthening of procedures to ensure the effective, full and representative participation of the social partners. In this regard, the Committee notes with interest the adoption, in May 2024, of a strengthened information and tripartite consultation mechanism with the social partners on matters relating to the ILO, with the aim of reinforcing the participation of representative workers’ and employers’ organizations, including the CEOE and the CEPYME. The new mechanism introduces the following improvements to consultations on reports regarding ratified Conventions (Article 5(1)(d)): (i) draft reports are sent to the social partners with sufficient time for them to validate the reports and make observations; (ii) the social partners are sent the observations of the other partners; (iii) the final drafts of reports are sent to the social partners before their dispatch to the ILO; and (iv) a meeting is held before the final documents are sent to the ILO to enable an exchange of views between the social partners and the Government. The Government adds that the observations of the social partners are analysed and responded to by the Government in the report documents. The Committee also notes that, under the new consultation mechanism, additional meetings may be convened at the request of any of the parties. The Government further highlights that this mechanism strengthens the channels through which the social partners express their opinions and concerns regarding the functioning of the consultation procedures. Lastly, the Committee welcomes the detailed information provided by the Government and the social partners on the consultations held on matters relating to international labour standards between June 2022 and June 2025 (examined in detail in the direct request).

The Committee notes that, in its observations, the CCOO recognizes the efforts undertaken since 2024 to implement the new mechanism. The UGT highlights that this mechanism has led to a significant improvement in the consultations on reports regarding ratified Conventions. The CEOE and the CEPYME maintain that, while the new mechanism includes the necessary procedural changes to conduct effective and meaningful consultations, the Government is complying with this Convention merely formally and not effectively. They indicate that the systematic convening of the meetings provided for in the mechanism remains inadequate.

The Committee further notes the Government’s indication that, on 22 July 2024, a meeting was held with the social partners, during which they were provided with information on the functioning of the new mechanism and were requested to assess whether it was appropriate to forward the minutes of that meeting to the ILO. The Government indicates that it continues to assess, together with the social partners, whether it is appropriate to systematize and formalize this evaluation in an annual report. In this regard, the CEOE and the CEPYME maintain that, in the aforementioned meeting, the evaluation of the new consultation mechanism was not shared, and no annual report was issued, as required in Article 6 of the Convention. The CEOE and the CEPYME underscore that this evaluation is necessary to implement the relevant improvements. In its reply, the Government indicates that, given that the implementation of the new mechanism began on 16 May 2024, it was difficult to conduct an evaluation of the mechanism at the meeting, which took place only two months later. Lastly, the Committee notes the Government’s indication that the implementation of the new mechanism is currently being monitored so that it can subsequently be evaluated, analysed and shared with the social partners. In the light of the above, the Committee requests the Government to provide information on the evaluation conducted, in consultation with the social partners, of the new strengthened information and tripartite consultation mechanism with the social partners on matters relating to the ILO. The Committee also requests the Government to indicate the manner in which it takes into account the opinions expressed by representative employers’ and workers’ organizations on the functioning of the effective tripartite consultations required by the Convention.

The Committee is raising other matters in a request addressed directly to the Government.