Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Private Employment Agencies Convention, 1997 (No. 181) - Spain (Ratification: 1999)

Articles 1(c), 3 and 13 of the Convention. Prior consultation of the social partners. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s report, which enumerates the legislative and administrative measures adopted up to June 2014, and includes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO). The Government indicates that Act No. 35/2010 of 17 September establishing urgent measures for reform of the labour market legalized fee-paying employment agencies and increased the functions attributed to employment agencies in the management of active employment policies and in the re-employment of workers dismissed as a result of enterprise restructuring processes (agencies covering any of the services envisaged in Article 1(a) and (c) of the Convention). The Government adds that Act No. 3/2012 of 6 July establishing urgent measures for reform of the labour market provided for the recognition for temporary work agencies as a powerful means of dynamizing the labour market, and therefore authorized them to operate as employment agencies (agencies covering the services envisaged in Article 1(b) of the Convention). The Government provides information on the framework agreement with employment agencies respecting collaboration with public employment services for the placement of the unemployed in the labour market, which gave rise to the publication in June 2014 of a list of 80 agencies authorized to collaborate with the public employment services and to engage in the placement of the unemployed. The CCOO alleges that the Government submitted the framework agreement without previously informing or consulting the social partners. The CCOO adds that the State is required to guarantee the general objectives of the employment policy and expresses concern at the numbers who are turning to employment agencies and the quality of employment that is being found by them for the unemployed. The Committee invites the Government to provide the comments that it deems appropriate on the observations of the CCOO

[The Government is asked to reply in detail to the present comments in 2015.]