Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Spain (Ratification: 1931)

The Committee notes the Government’s report and the observations received on 22 August 2016 from the General Union of Workers (UGT), and those received on 31 August 2016 from the Trade Union Confederation of Workers’ Commissions (CCOO). It also notes the Government’s replies to these observations, received on 26 October 2016.

The Committee notes the legislative measures adopted since 2011, namely: Act No. 27/2011, of 1 August, updating, adapting and modernizing the social security system, extending the coverage of the system and generalizing, as from 1 January 2013, employment injury protection as a compulsory component of all schemes within the social security system; Act No. 28/2011, of 22 September, integrating the Special Agricultural Social Security Scheme into the General Social Security Scheme (RGSS) and creating the Special System for Agricultural Workers (SETA) within the RGSS; and Act No. 35/2011, of 4 October, on the shared ownership of agricultural undertakings, with a view to achieving real equity between women and men in agricultural undertakings.

The Committee notes a context of agreement between the social partners in relation to compliance with the Convention. According to the UGT’s observations, there is no specific problem relating to agricultural workers, without prejudice to such questions as: the remoteness and difficulties of access to health centres, in comparison with workers in industry, and the application to agricultural workers of benefit supplements due to the failure of the employer to adopt measures for the prevention of employment risks.

The UGT indicates that the social security contributions of agricultural workers are usually lower than average, thereby affecting the capacity of social benefits as “replacement income”, in comparison with other workers, and that a process is therefore necessary to achieve the equivalence of the social security contributions of agricultural workers, which would result in a desirable equivalence in benefit levels.

The Committee recalls in this respect that Article 71 of the Social Security (Minimum Standards) Convention, 1952 (No. 102), which has been ratified by Spain, provides for the collective funding of the cost of benefits “in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member and of the classes of persons protected.” The Committee therefore requests the Government to indicate the manner in which these principles are being implemented in the SETA within the RGSS, and the specific measures envisaged, in relation to social matters, incomes, wages, taxation and employment policy, with a view to facilitating the process of achieving equivalence of both financial and technical social security benefits.

Furthermore, in light of the level of their benefits, the Committee considers it very important for other means of protection to be available for agricultural workers, such as the benefit supplements for failure to comply with measures to prevent employment risks.