Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

Convenio sobre la fijación de salarios mínimos, 1970 (núm. 131) - España (Ratificación : 1971)

The Committee notes the detailed information supplied by the Government in its report.

Periodic adjustment of minimum wages

In its previous comments relating to the observations submitted by the General Union of Workers (UGT), the Committee requested the Government to indicate the procedure followed, under section 27(1) of the Workers' Statute which provides for the half-yearly revision of the interoccupational minimum wage (SMI) in the event that the price index forecasts prove inaccurate, in order to verify the correctness of the forecast and to determine whether the SMI should be revised, and to indicate whether the employers' and workers' organizations are consulted in this regard.

The Government indicates that during the reference period there have been no half-yearly revisions of the SMI in application of section 27(1) of the consolidated Workers' Statute. The Government recalls, however, that following the amendment of the regulations on the legal wages system by Royal Decree No. 170/1990 of 9 February 1990, loss of purchasing power is considered as a factor to be taken into account in revising wages when inflation proves to be higher than forecast and adopted for determining the minimum wage. Possible differences between the rate of inflation forecast and the actual rate may be known at the moment of determining the amount of minimum wage which will be in force the following year, by applying this minimum wage correction factor, namely the loss of purchasing power, in accordance with the revision clause provided in collective labour agreements or those applicable to civil servants and retirees.

The Committee notes these indications and requests the Government to indicate whether employers' and workers' organizations were consulted before the provisions relating to half-yearly re-examination of the SMI were used.

Application of the principle of equal remuneration for work of equal value for young workers receiving interoccupational minimum wage

In previous comments, the Committee noted the Government's statement to the effect that since 1990 the SMI has been fixed for workers of 18 years and over and for those under 18, while previously a distinction was made between workers up to 16 years old, those 17 years old and those 18 and over. It also noted point 10 of part II (Legal grounds), of the constitutional court decision dated 7 March 1984 (BOE of 3 April 1984) in which it was confirmed that the principle of equal wages for the same work or work of equal value applies to workers of all ages. The Committee requested the Government to indicate the measures taken or contemplated to ensure that workers under 18 years old can, as stated in the report, receive wages equal to those of older workers for the same work or work of equal value.

The Committee notes with satisfaction the indication supplied by the Government in its report that, in addition to abolishing the wage differential for 16-year old workers, Royal Decree No. 2199/95 fixing the interoccupational minimum wage for 1996 initiates a process of closing the gap in minimum wages for adults and workers younger than 18 years of age, with the aim of aligning them definitively within three years. Hence, for 1996, the wage for young workers amounted to 77.4 per cent of that for adult workers whereas the percentage in 1995 was only 66.1 per cent. Similarly, Royal Decree No. 2656/96 fixing the interoccupational minimum wage for 1997, increases the minimum salary for minors under 18 years old by 17.73 per cent, as in the previous year, while the wage for adults over 18 years old increases by only 2.6 per cent.

The Committee requests the Government to continue to supply information on the convergence of interoccupational minimum wages for adult workers and minors.

Minimum wages for apprentices

In previous comments, the Committee, referring to the UGT's comments noted that the Workers' Statute provides in section 11(2) for the possibility of an apprenticeship contract for workers over 16 and under 25 years old and that the maximum age-limit does not apply to disabled workers. At that time, the Committee requested the Government to supply information on the application in practice of these provisions, particularly in regard to measures taken or envisaged to prevent the abatement of the minimum wage.

The Government indicates in its report that there have been various changes in the minimum wage for workers under a contract of training. A new section 11(2), which amends the old section 11(2) of the Consolidated Act on Workers' Status, replaces the training contract by an apprenticeship contract, and gives it a meaning that has a particular legal status. By this meaning, the purpose of the apprenticeship contract is to enable the apprentice to acquire the theoretical and practical training needed for performing a job or occupying a post of skilled work. It may be concluded with workers aged over 16 and under 25 years who do not possess the qualifications required for concluding a traineeship contract. The maximum age-limit does not apply to disabled workers. The theoretical training periods must alternate with practical work, comply with the provisions of the relevant collective agreement or, failing this, the labour contract, provided that the total time devoted to training is not less than 15 per cent of the maximum working day provided in the collective agreement. The theoretical part of the training is deemed to be complete when the apprentice confirms by means of a certificate issued by the competent public authorities that an occupational training course has been followed appropriate for the office or post in which the apprenticeship is undertaken. In this case, the worker's remuneration will increase in proportion to the work time not devoted to training. Enterprises which do not comply with their theory training obligations must compensate the worker by paying a sum equal to the difference between the wage received (bearing in mind the training time provided in the contract), and the interoccupational minimum wage or that provided under the collective agreement, without prejudice to the sanction incurred. The apprentice's remuneration is fixed by the collective agreement but, where there is no agreement, it may not be less than 70, 80 or 90 per cent of the interoccupational minimum wage during the first, second and third years of the contract respectively. In addition, the remuneration of apprentices aged under 18 years may not be lower than 85 per cent of the interoccupational minimum wage corresponding to his age.

According to the Government, the reduction in the interoccupational minimum wage corresponds to the occupational training which the worker receives in the enterprise.

The Committee notes these indications with interest. It requests the Government to continue to supply information on the impact of applying these measures to apprentices' minimum wages.