Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

The Committee notes the information in the Government's reports, in particular the attached judgements of the Constitutional Court in favour of promoting equality for women workers in face of various discriminatory acts.

1. The Committee also notes the observations submitted by the General Union of Workers (UGT) alleging continuing discrimination in employment against women, young workers engaged under the new form of apprenticeship contract (contratos de aprendizaje) and persons infected with the HIV virus. The Committee asks the Government to reply to these comments, which were transmitted to it on 3 August 1995.

2. The Committee notes with interest the adoption of new legislation promoting non-discrimination on the ground of sex, in particular Act No. 11 of 19 May 1994, which amends previous legislation including the Workers' Statute. Act No. 11 of 19 May 1994 prohibits discrimination in occupational classification and promotion, and modifies section 28 of the Workers' Statute to incorporate the principle of equal pay for work of equal value. In addition, it notes that Act No. 4 of 23 March 1994 on parental and maternity leave provides economic benefits to those companies which allow their workers to take leave up to a period of three years from the birth of a child and from the time of adoption; and that Act No. 42 of 30 December 1994 on fiscal, administrative and social measures to promote employment provides economic benefits to enterprises engaging women workers (for example, section 44 establishes the programme for the development of employment for 1995 to encourage enterprises engaging women in professions or occupations where they are under-represented and to allow the conversion of temporary contracts to indefinite ones; and section 40 amends the terms of temporary contracts thereby facilitating the access to jobs of women workers). Noting that women accounted for 59.8 per cent of all temporary contracts entered into under the new system in 1994, the Committee requests the Government to provide information on the application in practice of the new legislation in relation to equality of access to employment between men and women.

3. The Committee notes from the statistics provided in the reports that there is an increase in the number of women entering the labour force, and that a greater number of women over the age of 25 years is now enrolled in educational institutions. However, it notes that the number of women under 25 who have gained access to educational institutions has decreased from 50.8 per cent in 1990 to 41.3 per cent in 1994. The Committee requests the Government to explain this decrease which was not apparent for male students of the same age group, and to continue to provide information on the access of women to education, training and employment, including any measures taken or contemplated to increase the attendance of young women in educational institutions.

4. The Committee is addressing a request directly to the Government on other points.