Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

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

The Committee notes the Government’s report and its reply to the comments of the General Workers’ Union (UGT), which were examined in its previous observation.

Articles 2 and 3 of the Convention. In connection with the comments of the UGT on the factors taken into consideration in determining the interoccupational minimum wage (SMI), the Committee notes the Government’s statement that the four elements referred to under section 27.1 of the Workers’ Charter are taken into consideration, that is the consumer price index, the average national productivity, the increase in the share of labour in national income and the general economic situation. The Government adds that the determination of the SMI is not automatically decided upon from the addition of specific factors, but is the result of an economic policy decision which takes into account the main macroeconomic factors, the economic and social objectives of the Government and the consultations with the social partners.

The Committee notes the Government’s indication concerning the difference between the average wage and statutory minimum wage, according to which the two concepts should not be related, as the first is an economic and statistical calculation based on data, while the latter is a legal concept based on hypothetical criteria. According to the Government, a simple mathematical comparison of the two cannot be used to determine whether the statutory minimum wage is sufficient to cover workers’ basic needs, since workers paid the minimum wage benefit from legal protection through fiscal and other social benefits, including housing, allowances, education grants, and assistance benefits, which other workers paid average wages do not receive or receive to a lesser extent.

Furthermore, the Government, referring to the specificities of the Spanish system, indicates that the SMI has a dual effect: on the one hand, it guarantees workers the minimum wage necessary to cover their basic needs by limiting the freedom of the parties to determine the remuneration for work; on the other hand, it serves to identify the income level entitling workers to certain benefits (education grants, legal assistance free of charge, unemployment assistance, etc.) and acts as a reference point for quantifying certain social benefits and contributions. According to the  Government this implies that an increase in the SMI has a direct impact on public expenditure, and therefore has to be fully consistent with its economic policy objectives.

The Committee requests the Government to indicate the manner in which it ensures that the annual adjustment of minimum wages reflects the basic needs of workers and their families, for example by guaranteeing the maintenance of their purchasing power in relation to a certain basket of basic products. The Committee also requests the Government to provide statistical information on changes in the minimum wage rates in relation to fluctuations in the inflation rate and the consumer price index over recent years.

Article 5 and Part V of the report form. The Committee notes Royal Decree No. 1466/2001 of 27 December 2001 which establishes the SMI for 2002 at 14.74 euros a day or 442,20 euros a month. The Committee requests the Government to continue to provide general information on the application of the Convention in practice, in particular: (i) statistical information on the results of inspections carried out relating to minimum wages (violations reported, sanctions imposed, etc.); (ii) the approximate number of workers covered by minimum wage rates in force; (iii) the minimum wage rates; and (iv) copies of studies or recent official reports on the minimum wage system and any other information relating to the application of the provisions of the Convention.