Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Paid Educational Leave Convention, 1974 (No. 140) - Spain (Ratification: 1978)

The Committee notes the observations made by the General Union of Workers (UGT) and the Confederated Union of Workers' Commissions (CC.OO), as well as the Government's detailed report concerning various aspects of vocational training.

The UGT states that there is no right to paid educational leave, but that section 22 of the Workers' Charter leaves it to collective bargaining to give substance to the right. It says that few collective agreements have recognised the right, none for trade union education; and that the Government has not yet acted on its proposals in this respect. It calls for quotas and procedures for paid educational leave to be established with full union involvement.

The CC.OO states that Article 11 of the Convention is not fully applied, since only periods spent taking examinations and not those spent in training constitute paid leave. As regards co-operation with employers' and workers' organisations, it says there is total disagreement, so that the Government should legislate for paid educational leave as required.

The Committee notes that under section 22 of the Workers' Charter of 10 March 1980, a worker is entitled to necessary time off to sit for examinations and to express a preference as to the shift he is to work if attending a regular course of study with a view to obtaining academic or occupational qualifications; a worker is also entitled to have his normal hours of work adjusted to enable him to attend vocational training courses or to be granted any necessary training or further training leave and have his job kept open for him. Section 37 of the Charter contains provisions for exceptional periods of time off, none of which refers to educational leave.

The Committee notes further the details provided as to the National Training Plan (FIP) programme of vocational training during working hours, and its reliance on collective agreements for providing appropriate financial entitlements. However, it would be grateful if the Government would provide the information requested in the report form as to the manner in which the present Convention is applied, in particular:

(1) what measures have been taken to ensure workers enjoy leave for educational purposes during working hours and with adequate financial entitlements (Articles 1, 3 and 11);

(2) the terms on which leave is in practice granted for the purposes laid down in Article 3, including the conditions for entitlement, the length of leave and the level of financial entitlements;

(3) available statistics on the numbers of workers granted paid educational leave (Part V of the report form); and

(4) any steps taken in the light of the CC.OO comments as regards the formulation and application of the policy for the promotion of paid educational leave (Articles 2 and 6).

[The Government is asked to report in detail for the period ending 30 June 1991.]