Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Termination of Employment Convention, 1982 (No. 158) - Spain (Ratification: 1985)

1. The Committee notes the detailed information in the Government’s report for the period ending 1 June 2006. It notes with interest that the legislation has been amended to make termination on grounds of gender or family responsibilities non-valid reasons for termination (Article 5 of the Convention), and to regulate severance pay and other forms of income protection (Article 12). The Government also indicates that the legislation on the transfer of enterprises has been aligned with the European Union’s Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses, or parts of undertakings or businesses. The Committee notes with interest Decision No. 5/2003 of 20 January 2003 by the Constitutional Court which makes a direct reference to Article 5(c), and asks the Government to continue to provide information on the practical effect given to the Convention (Parts IV and V of the report form).

2. The Government states in its report that although Royal Decree No. 782/2001 on the employment relationships of prisoners appears to be incompatible with the Convention, it notes an exclusion provided for in Article 2, paragraph 5, of the Convention. The Committee points out to the Government that the categories of workers that may be excluded pursuant to Article 2, paragraph 5, must be identified as prescribed by paragraphs 5 and 6, and listed by the member State ratifying the Convention, in its first report following ratification, and that the reasons for the exclusion must be given. The Committee notes that the category of workers covered by Royal Decree No. 782/2001 was not notified as excluded in the Government’s first report. It asks the Government to report on the nature of the employment relationships of prisoners.