Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Human Resources Development Convention, 1975 (No. 142) - Spain (Ratification: 1977)

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 2 and 7 of August 2018, respectively. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), integrated into the Government’s report. The Committee further notes the Government’s replies to the previous observations, included in its report.

Articles 1–5 of the Convention. Education and training policies and programmes. The Committee notes the detailed information provided by the Government in its report in relation to the applicable legislation and the implementation in practice of in-work vocational training for employment and training provided by the education system, as well as the various professional guidance services available. The Government refers, inter alia, to Act No. 30/2015, of 9 September 2015, regulating the new model for the in-work vocational training system for employment. In this regard, the Committee refers to its comments on the application of Employment Policy Convention, 1964 (No. 122), in which it notes the changes introduced following the reform of the vocational training system. The CEOE observes that this reform was carried out without the agreement of the social partners, the role of whom is limited under the new model. The CEOE adds that, since the entry into force of the new law, there has been a 22 per cent decrease in the number of enterprises (the majority of which have fewer than ten employees) using their funds for vocational training. In this regard, the CCOO indicates that the reforms to education and training, along with budget cuts, have led to growing inequality in access to training, which is reflected in increased private expenditure per worker (in 2017 it was 9 per cent higher than the previous year) and lower training participation rates, which fell from 11.4 per cent in 2013 to 9.9 per cent in 2017. The Committee also notes the indication of the CEOE that there are significant educational inequalities in the Spanish population. Firstly, there is a gap between training policies and the needs of the labour market. Secondly, education is characterized by a high degree of polarization linked to young Spaniards’ reduced interest in technical and vocational training (only 12 per cent of students enrol in vocational training). The CEOE indicates that this results in a lack of technical profiles in the labour market. In turn, this situation leads to university graduates accepting jobs for which they are overqualified, leading to frustration in the workplace in the medium term. The CEOE also indicates that the current process of reviewing vocational certifications is excessively rigid and lengthy, to the extent that when training for a particular job is finalized it may no longer meet the needs of the labour market. For this reason, the CEOE maintains that it is necessary to foster the participation of enterprises in training and develop a comprehensive and flexible offer with the aim of guaranteeing that it meets the requirements of the labour market. There is also a need to reduce early school leaving rates and improve levels of education. With regard to early school leaving rates, the Committee notes that according to the 2018 report on Spain produced by the European Commission in the context of the European Semester (SWD (2018) 207 final), although the early school leaving rate fell from 23.6 per cent in 2013 to 18.3 per cent in 2017, it is still around 8 percentage points above the European Union average. In 2016, this rate was 38.1 per cent for third-country nationals and 39 per cent for persons with disabilities, the latter being one of the highest rates in the European Union. The Committee requests the Government to continue providing detailed and updated information on the measures adopted or envisaged, in collaboration with the social partners, to improve qualification levels and coordinate education and training policies with possible employment opportunities. The Committee also requests the Government to provide information on the measures adopted or envisaged, in collaboration with the social partners, to extend vocational training systems, including vocational certification processes, so that they cover branches of economic activity that they do not currently cover and to ensure that these systems are adapted to the changing needs of people throughout their lives, as well as to the current and anticipated demands of the economy and the different branches of economic activity.

Dual vocational training. The Government reports that, pursuant to Royal Decree No. 1529/2012, of 8 November 2012, a contract for training and apprenticeship was developed and the foundations were laid for dual vocational training. Dual vocational training aims to promote the labour market integration and training of young people through a system that alternates remunerated work in an enterprise with training activities provided by the system of vocational training for employment or the education system. The Government reports the implementation of several measures aiming to incentivize the conclusion of contracts for training and apprenticeship in the context of dual vocational training. The Government refers, among other measures, to incentives such as the introduction of reductions to social security contributions (and allowances when the workers hired are young people registered with the national Youth Guarantee system) of 100 per cent for enterprises with fewer than 250 employees and 75 per cent for other enterprises for hiring workers with training and apprenticeship contracts, as well as in the event that these contracts are converted into open-ended contracts. Furthermore, the State Public Employment Service (SEPE) has developed a computer application with a view to facilitating the processes of registration, control and monitoring of training activities and the allowances for contracts for training and apprenticeship. The Committee observes, however, a significant decrease in the number of contracts concluded for training and apprenticeship as, according to statistical information provided by the Government, between 2014 and 2015, 276,464 contracts were concluded, while between 2016 and 2017, only 64,594 of such contracts were concluded. In this regard, the UGT refers to reports of the Economic and Social Council noting the shortcomings in the dual vocational training system, such as a lack of coordination between the measures implemented by the Autonomous Communities, the limited information available and doubts about the dual training dimension in the training projects undertaken. In this respect, the CEOE observes that the lack of consistency in the implementation of dual training by the Autonomous Communities is due to the shortcomings of Royal Decree No. 1529/2012, of 8 November, which have resulted in the Autonomous Communities regulating aspects not covered by the Royal Decree. The Committee requests the Government to continue providing detailed and updated information on any measures adopted or envisaged, in collaboration with the social partners, with a view to encouraging participation in dual vocational training and to address the shortcomings in this type of training, as well as the impact of such measures on full, productive and sustainable employment for young people.