Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

España

Convenio sobre la indemnización por accidentes del trabajo (agricultura), 1921 (núm. 12) (Ratificación : 1931)
Convenio sobre el desempleo, 1934 (núm. 44) (Ratificación : 1971)
Convenio sobre la seguridad social (norma mínima), 1952 (núm. 102) (Ratificación : 1988)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation, agriculture), 44 (unemployment benefit) and 102 (social security, minimum standards) together.

The Committee notes the report provided by the Government in relation to the Conventions indicated above, including the replies to the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO), the General Union of Workers (UGT), the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), transmitted with the report.

The Committee finally notes the large volume and significance of the legislative measures adopted since the last reports on the subject.

Article 1 of Convention No. 12. Extension of coverage to agricultural workers. The Committee notes the information provided by the Government concerning the transitional period for the adaptation of the contributions of the Special Agricultural Scheme (REA) to the General Social Security Scheme (RGSS), with the establishment of a series of contribution incentives to promote stability of employment and longer contracts. The Committee also notes that, in accordance with section 256 of the Revised Text of the General Social Security Act (LGSS), adopted by Royal Legislative Decree No. 8/2015, of 3 October, workers included in the Special System for Own Account Agricultural Workers (SETA) will be entitled to social security benefits under the terms and in accordance with the conditions set out in the RGSS, and that the contribution base has been the same since 2016, so that the incentives offered do not result in a decrease in benefits. The Committee notes the statistical data provided by the Government on the activities of the inspection services in relation to employment accidents in the agricultural sector, including the supplements imposed due to the absence of occupational risk prevention measures.

With reference to the observations of the CCOO in relation to problems in the event of employment accidents occurring before workers are registered, the Committee notes the Government’s indication in its reply that, in accordance with section 254 of the LGSS, the possibility of applying for the registration of the worker up to 12 hours from the first day of work is an exceptional measure envisaged for occasional or regular but discontinuous workers when it has not be possible to formalize their registration beforehand. Moreover, the Committee observes that, according to paragraph 4 of section 166 of the LGSS, workers will be considered as registered for the purposes of work accidents even if their employer has failed to meet their obligations in this matter.

In relation to the observations of the CEOE/CEPYME on the need for the inspection services to provide assistance and information before taking coercive action, through collaboration with the social partners, the Committee notes the Government’s indication in response that section 12 of Act No. 23/2015, of 21 July, on the organization of the labour inspection services, provides that the function of inspection is to provide information and technical assistance to enterprises during the discharge of inspection functions, especially to small and medium-sized enterprises, with a view to facilitating improved compliance with social and labour provisions. Finally, the Committee notes that, according to the Government’s reply, collaboration with the social partners occurs through the General Labour Inspection Council, the body responsible for general action plans and programmes, the members of which include representatives of the most representative employers’ organizations and trade unions.

Articles 9 and 10 of Convention No. 44. Social collaboration work. The Committee notes with interest that, as a result of the amendment introduced by the second final provision of Royal Decree No. 2/2024, of 21 May, refusal to participate in social collaboration work (trabajos de colaboración social) is no longer a serious infringement, and unemployment benefit is not therefore suspended for this reason.

Article 10(2) of Convention No. 102 (Part II, Medical Care). Cost-sharing for pharmaceutical supplies. The Committee notes that, according to the information provided by the Government, section 102 of Royal Legislative Decree No. 1/2015, of 24 July, approving the revised text of the Act on guarantees and the rational use of medicaments and medical products, provides for a ceiling in their provision related to the income of the beneficiary for the purpose of ensuring the continuity of treatment for chronic conditions and a high level of equity for patients who are pensioners receiving long-term treatment. In this regard, the Committee notes that the maximum monthly supply is set at €8.23 for insured persons with income below €18,000.

With reference to the UGT’s observations on the health protection of foreign nationals who are not registered or authorized to reside in Spain, the Committee notes that, according to the Government’s reply, Legislative Decree No. 7/2018, of 27 July, amended Act No. 13/2003, of 28 May, on the cohesion and quality of the National Health System to guarantee the right to health protection and medical care for foreign nationals who are not registered or authorized to reside in Spain under the same conditions as persons of Spanish nationality, with the sole exception that their rights do not follow them when they travel abroad, for which reason they are not issued with the European Health Card. The Committee observes that, in accordance with section 102(5)(e), foreign nationals who are in this situation have to pay 40 per cent of the retail price of medicaments, which is the same percentage applicable in general to active insured persons with incomes below €18,000.

Article 33 of Convention No. 102 (Part VI, Unemployment Injury Benefit). Extension of coverage. The Committee notes the Government’s reference to the publication of Act No. 6/2017, of 24 October, which introduces the legal concept of commuting accident (in itinere) for the Special Scheme for Self-employed Workers (RETA), and Royal Legislative Decree No. 28/2018, of 28 December, which increases protection under the RETA through the inclusion as compulsory contingencies of those that were of a voluntary nature prior to 1 January 2019, such as protection against termination of the activity and professional contingencies. In its previous comment, the Committee noted with interest the measures adopted in 2011 to extend the coverage and protection of certain categories of workers in respect of risks occurring during the performance of work. In this context, the Committee reiterates its request to the Government to provide statistical information in its next report on the increase in the number of workers protected against employment risks, and the total value of the benefits provided.

Part XIII of Convention No. 102 (Common Provisions). Organization and administration of social security. The Committee notes the information indicated by the Government concerning the various administrative coordination agreements concluded by the labour inspection services and the various social security administrative bodies on the formulation of an Annual Objectives Plan to combat fraud and facilitate the access of labour inspection officials to the databases of collaborating bodies and institutions. The Committee also notes the coordination that exists with the State Tax Administration Agency and the State security forces and institutions to combat fraud. Finally, the Committee notes the statistical data provided on all inspections, violations, the amounts of penalties and workers affected, with emphasis on the impact of the “Tool to Combat Fraud” and the results of the Shock Plan to combat fraud in the recruitment of part-time workers and domestic workers.