Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 7. Procedure prior to or at the time of termination. In its observations included in the Government’s report, the Trade Union Confederation of Workers’ Committees (CCOO) indicates that section 56 of the Workers’ Charter only guarantees hearings prior to disciplinary dismissals for workers’ representatives. In the case of a worker who is a member of a trade union and whose membership is recognized by the employer, the same provision establishes mandatory prior hearings for trade union delegates. The CCOO maintains that, while collective bargaining may establish the guarantee of a hearing for workers prior to dismissal, the legislation does not guarantee that the workers will be heard prior to the decision to dismiss them. The Committee requests the Government to provide its comments in this respect.