Employment Service Convention, 1948 (No. 88) - Spain (Ratification: 1960)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 11 and 17 August 2017, respectively. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), included in the Government’s report, supported by the International Organisation of Employers (IOE) in its communication received on 1 September 2017. It also notes the Government’s replies to those observations, included in its report.

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the adoption of the consolidated text of the Employment Act, adopted by Royal Legislative Decree No. 3/2015 of 23 October 2015, which establishes the following instruments for the coordination of the National Employment System: the Spanish employment activation strategy, the annual employment policy plans and public employment services information system. Section 2 of the Employment Act includes among its employment policy objectives the adoption of an approach to prevent unemployment through training activities which enable workers to adapt their vocational skills to the labour market. It also seeks to provide individualized services to help the economically active population to enter, remain and progress within the labour market, and to assist enterprises in improving their competitiveness. In this regard, the Government refers, in its report, to the adoption of the Annual Employment Policy Plan (PAPE 2016) which specifies the objectives set out in the Spanish Employment Activation Strategy 2014–2016 and outlines the initiatives to be rolled out for the employment services in 2016. The Government adds that the PAPE 2016 is based on six target areas, the sixth of which refers specifically to the improvement of the institutional framework of the national employment services. This target area includes the following structural objectives to: improve the management, cooperation, coordination and communication of the national employment services as well as the quality of the services; boost the evaluation, innovation and modernization of these services; and promote public–private collaboration. The Government indicates that the number of active job offers within the framework of the single gateway for employment and self-employment has increased. In September 2014, the number of active job offers stood at 28,047, with a total of 109,002 posts, while in April 2017, there were 37,900 active offers, corresponding to 134,200 posts. The Government also indicates that, according to data from the Ministry of Education and Social Security, in April 2017, the number of registered unemployed persons was 3,702,317, the lowest in the past seven years. It adds that full-time permanent procurement rose by 20.7 per cent year on year, while temporary procurement rose by 14.5 per cent. The Committee nonetheless notes that, in their observations, the UGT and the CCOO express their concern about the decrease in the budget for the application of the active employment policies, which they consider has led to a weakening of the public employment services. In particular, the CCOO indicates that the budget cuts have led to a significant reduction in the number of staff of the public employment services, predominantly in employment advisers, who play a key role in reintegrating people into the labour market, especially the long-term unemployed. The CCOO also indicates that there are problems with the design and lack of evaluation of the programmes of the active employment policies, and shortcomings in coordination among the autonomous communities. In this respect, the CCOO requests that the Government carry out an evaluation of the efficiency of the public employment services, at the levels of the State and autonomous communities, with a view to determining the effectiveness of the measures taken and the challenges identified, particularly with regard to the reintegration into the labour market of young persons and the long-term unemployed. Lastly, the CCOO indicates that the rate of coverage of unemployment benefits fell from 78.4 per cent of unemployed persons in 2010 to 53.75 per cent in April 2017. The Committee requests the Government to continue providing updated information, including statistics disaggregated by sex, age and autonomous community, to enable the effectiveness to be assessed of the State Public Employment Service and the employment services provided by the autonomous communities and, in particular, the manner in which the public employment services have contributed to labour market reintegration, especially of young persons, the long-term unemployed, persons with disabilities and persons in regions with higher levels of unemployment.

Articles 4 and 5. Collaboration with the social partners. In its reply to the Committee’s previous comments, the Government reiterates in its report that there was constant social dialogue during an intense period of reform in which it has always tried to seek agreement with the social partners. The Government indicates that the social actors were consulted in the ad hoc working groups and in the tripartite participative bodies set up for that purpose at state, autonomous community and local levels. The UGT emphasizes the importance of the institutional participation of the social partners in the consultative bodies of the State Public Employment Service and the National Employment System for the evaluation of employment policies and the formulation of proposals for the social dialogue agenda. However, the UGT maintains that these bodies, the General Council of the National Employment System and the General Council of the Public Employment Service, did not hold regular meetings between 2016 and 2017, despite the fact that their rules of internal procedure stipulate that at least two meetings a year should be held. The CEOE also considers that these bodies should meet more regularly and send sufficient advance notice of their meeting and the necessary documentation with a view to ensuring the effective participation of the social partners at those meetings. In its reply, the Government indicates that the participation of the social partners in the State Public Employment Service and in the employment services of the autonomous communities was strengthened following the enactment of the consolidated text of the Employment Act, under Royal Legislative Decree No. 3/2015, of 23 October 2015. The Committee requests the Government to take measures to ensure that the general policy on employment services has been finalized following consultations with the representatives of the social partners, and to provide detailed information on the measures taken and their impact on the participation of the representatives of the social partners, especially in the consultative bodies of the State Public Employment Service and the National Employment System.

Article 6. Functions of the public employment service. The Committee requests the Government to provide updated information, including statistics and copies of reports or studies on the manner in which this Article of the Convention has been given effect. In particular, the Committee requests the Government to provide information on the compilation and analysis, in cooperation with the social partners and other authorities, of extensive information on the labour market situation and its predicted development, in the interests of aligning employment services with the needs of employers. In this respect, the Committee refers the Government to Paragraph 5 of the Employment Service Recommendation, 1948 (No. 83), which provides guidance on this matter.

Articles 7 and 8. Special categories of workers. Youth employment. The Committee notes that the objectives of the employment policy set out in section 2(d) of Royal Legislative Decree No. 3/2015 include establishing appropriate policies for groups who have more difficulty reintegrating into the labour market, especially young persons, women, persons with disabilities, the long-term unemployed and persons over 45 years of age. In addition, the Committee notes that the objectives of the third target area of the PAPE 2016 on employment opportunities include promoting and sustaining the procurement of groups and sectors with difficulties, to provide work, experience and to sustain economic activity. In this connection, the Government’s report refers to the increase, compared with 2015, in the allocation intended to finance the programme and services included in the third target area of the PAPE 2016 in order to increase work experience for unemployed persons, particularly persons with disabilities. Under the fourth target area, all services and programmes for active employment policies and job placement services shall also promote equal opportunity in access to employment. The Committee also notes the information provided by the Government on the measures carried out by the employment services to boost employment for young persons and the unemployed, and the impact of these. Nevertheless, the Committee notes that the UGT indicates in its observations that the unemployment rate among persons under 25 years is 41.66 per cent. The Committee requests the Government to provide detailed information on the measures taken to find full and productive employment for persons vulnerable to decent work deficits and exclusion, especially young persons, women, persons with disabilities, the long-term unemployed and persons over 45 years. The Committee also requests the Government to provide statistical information disaggregated by sex, age and autonomous community on the results of measures adopted.

Article 11. Cooperation between private and public employment agencies. The Committee notes that, based on the terms of the consolidated text of the Employment Act, the public employment services shall establish with employment agencies and entities (public or private, profit or non-profit making) contracts, agreements or other coordination instruments which help jobseekers find employment placements. The consolidated text of the Employment Act also sets out that, irrespective of the agent that undertakes placement in employment, account shall be taken of the public nature of the service, which shall be provided without charge for workers and employers. In addition, the agencies shall provide information on the workers attended to and the activities carried out, as well as the job offers and the skills required; guarantee the observance of the principle of equality in access to employment; and comply with the regulations in force regarding labour and social security. The Government also reiterates that through the framework agreement with employment placement agencies for collaboration with the public employment services, projects are coordinated for public–private collaboration in employment placement by public employment services. The CEOE considers that the implementation of the public–private collaboration model in employment placement is being hampered by administrative obstacles, which has decreased the quality of the service provision. In its reply, the Government indicates that the employment placement agencies simply have to present an affidavit, before starting their activities, to the State Public Employment Service, and that the competent departments may still carry out a subsequent check, control and inspection. The CCOO states that the private employment agencies are promoted to the detriment of the public employment services. The Committee requests the Government to indicate the specific measures that have been adopted to guarantee the effective cooperation between the public employment agency and private employment placement agencies, and to provide statistical information in this respect.

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commission (CCOO), included with the Government’s report. The Committee also notes the observations of the General Union of Workers (UGT) and of the International Organisation of Employers (IOE) and the Spanish Confederation of Employers’ Organizations (CEOE), received on 1 September 2015. The Committee also notes the Government’s reply to the previous observations, received on 11 November 2015.

Articles 4 and 5 of the Convention. Contribution of the employment service to employment promotion. Collaboration with the social partners. The Committee notes the Government’s indication in its report that in the General Council of the National Employment System and the State Commission on Training for Employment the social partners were given prior information of the approval of the principal legislative innovations in relation to employment policy. According to the Government, on 31 May 2015, there was an increase of 3.8 percentage points in the system of preparatory meetings for users of the public employment service and the number of collaborators rose from 9,228 in 2012 to 9,482 in 2013 and 9,331 in 2014, with which the situation of the offices was considered to be stabilized. The essential elements of the Employment Activation Strategy 2014–16 are: the framework agreement for public–private collaboration in employment placement; the single gateway for employment and self-employment, which was introduced in July 2014; and the common service plan for the whole of the national employment system, approved in January 2015. The Committee notes that the CCOO deplores the fact that the staff of public employment services have been reduced, despite the unemployment situation in the country, and proposes that a plan should be developed for the restructuring and strengthening of public employment services. The CCOO also regrets that there was no social dialogue, but a policy of faits accomplis, which weakens public services and promotes private employment agencies. The UGT also considers that the increased expenditure is not oriented towards employment plans and improving employability through public services, but to subsidizing the private sector. The UGT warns that in 2013 and 2014 the Standing Committee of the General Council of the National Employment System never met, and that this situation has continued in 2015. The CEOE and the IOE indicate that the scarcity of public employment services is one of the most serious problems in the Spanish economy in relation to employment placement. The recruitment of workers is carried out by enterprises themselves (in 78 per cent of cases) and information gathered from the immediate circle of jobseekers (85 per cent), which are the most common methods used by the unemployed to find employment. In 2014, over 2.5 million workers were sent for vacancies administered by the public services, resulting in the placement of 199,730 people (7.6 per cent, lower than the percentage of 8.6 achieved in 2013). In the view of the CEOE and the IOE, the low level of placement by public employment services is very ineffective in achieving an appropriate allocation of human resources and in facilitating geographical mobility. The Government reiterates that social dialogue has been a constant approach during an intense period of reform in which it has always sought to seek agreement with the social partners. The Committee notes the above information and refers to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015) concerning the Employment Policy Convention, 1964 (No. 122), which call on the Government to focus on guaranteeing the largest consensus on programmes linked to vocational training and to continue the dialogue with the social partners on vocational training for youth and the unemployed on the basis of strong public services. The Committee requests the Government to adopt further measures to ensure that the general employment service policy is determined through prior consultation with the representatives of the social partners. Please also provide updated information as a basis for assessing the effectiveness of the State Public Employment Service, as well as the effectiveness of the employment services provided by the Autonomous Communities and, in particular, the manner in which public employment services have contributed to helping youth and the unemployed find employment.

[The Government is asked to reply in detail to the present comments in 2017.]

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

Articles 4 and 5 of the Convention. Contribution of the employment service to employment promotion. Collaboration with the social partners. With reference to the observations made in recent years, the Committee notes the Government’s report and the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT). The Government refers to the legislative measures adopted, and particularly the framework agreement in the national employment system, the objective of which was to facilitate the participation of private agencies in the provision of employment mediation services. A common framework to monitor employment placement activities throughout the territory has been established in the form of an electronic platform for collaboration and the exchange of information. The Committee notes that at the end of 2013 there were 761 employment offices, which had received requests from almost 6 million individuals seeking work, while something under 400,000 job vacancies were notified. The CCOO considers that it is incomprehensible that in a situation as serious as the present one, the staffing of the State Public Employment Service (SEPE) should be reduced each year. Since 2011, the Government has reduced the personnel costs of the SEPE, resulting in a deterioration in the services of the SEPE, with the consequence that in 2014 each official had to deal with 10,224 unemployed persons. Similarly, the UGT emphasizes that the staff of the public employment services should be adapted in size to real needs, based on the number of unemployed persons registered at employment offices. The UGT indicates that the Standing Committee of the General Council of the Employment System did not meet once in 2013, thereby failing to comply with the requirement to meet every quarter, which has also occurred in 2014. In its reply to the observations made by the two confederations, the Government provided additional information in November 2014 indicating that consideration should be given to the fact that some responsibilities and funds for the public employment services have been transferred to and are available in the autonomous communities. With regard to its 2012 observation, the Committee observes that the collaboration of the social partners has not been secured in the organization and operation of employment services, as required by the Convention. The Committee therefore invites the Government to provide a report describing the measures adopted to ensure that the “general policy of the employment service” has been developed “after consultation” with the social partners (Article 5). The Committee requests the Government to provide information as a basis for assessing the effectiveness of the State Public Employment Service as well as the employment services offered by the autonomous communities and the manner in which the free public employment service has contributed to finding employment for young persons and for those who, as a result of the crisis, have been unemployed for many years.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Contribution of the employment service to employment promotion. Skills and training of employment service staff. In the observation made in 2010, the Committee requested the Government to provide more precise information on the manner in which it is ensured that the staff of the employment service in the Autonomous Communities of Andalucia and Galicia have the requisite skills and have received adequate training to perform the duties envisaged by the Convention. In the detailed report received in October 2012, the Government describes the legislative measures adopted to reform the labour market and promote new forms of employment intermediation. The Government indicates that to strengthen the services provided for persons seeking employment and enterprises offering employment, as a result of the measures adopted in April 2008, 1,500 employment promoters were taken on up to December 2012. The Committee notes the information provided in the report on the recruitment of new staff by the Public Employment Service of Galicia (SPEG) for employment offices. Detailed information was included in the report on the methodology adopted to develop training for the new staff. The SPEG undertook and is continuing to carry out a series of measures for the technical improvement of its services and to raise the awareness of its staff in dealing with jobseekers. The Andalucian Employment Service also provided information on the conclusion of 413 temporary employment contracts for the recruitment of staff to reinforce the network of offices in the Autonomous Community of Andalucia. The Committee notes the information provided on the total staff of the Employment Service of Andalucia and changes in that respect between 2007 and 2011. The Government emphasizes that the number of staff was increased in the provinces in which the rise in unemployment was proportionally greater. In the observations of the Trade Union Confederation of Workers’ Commissions (CC.OO.), transmitted to the Government in September 2012, the view was expressed that the human resources allocated to public employment services are clearly inadequate. The budgetary cuts for public employment services were equivalent to a reduction of €3,200 million in 2012. The ratio of the unemployed to the staff of public employment services in Spain is very high. The CC.OO. indicates that the programmes of the public employment services are measured more by the number of users than their results and effectiveness in placing jobseekers. In its comments, the General Union of Workers (UGT) expresses identical concerns at the budget cuts for public employment services and the lack of human resources. The Committee recalls that Article 6 of the Convention provides that the employment service shall be so organized as to ensure effective recruitment and placement of workers. In its 2010 General Survey on employment instruments, the Committee indicated that consultation with the social partners is to be prioritized in the formulation and implementation of labour market policies. The essential duty of public employment services is to take action to achieve and maintain full employment. Considering the observations made by the CC.OO. and the UGT, the Committee invites the Government to ensure that the cooperation of the social partners is secured in the organization and operation of the employment service (Articles 4 and 5). The Committee refers to the comments made on the Employment Policy Convention, 1964 (No. 122), and once again requests the Government, in view of the current circumstances of the employment market in Spain, to provide updated information in the report due in 2014 on the measures adopted to ensure the functioning of employment offices sufficient in number to meet the needs of employers and workers throughout the country (Article 3). Please also provide the available published statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices. The Committee hopes that this information will allow for the assessment of public employment offices’ effectiveness (Part IV of the report form).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Contribution of the employment service to employment promotion. Skills and training of employment service staff. In its observation of 2009 the Committee noted the communication from the Independent Federation of Civil Servants (CSI‑F), which expressed concern at the lack of skills among staff responsible for occupational guidance in the Autonomous Community of Galicia. The CSI-F referred to the provisions of Article 9 of the Convention, and stated that the Executive of Galicia, through the Labour Council, had hired staff who had no specific qualifications for guidance work. This, in the CSI-F’s view, had serious consequences, such as the de-professionalization of the public service in Galicia, poor quality in the supply of these services to the public, and the demotivation of those who do have proper qualifications. In addition, the Committee noted the comments by the Trade Union Confederation of Workers’ Commissions (CC.OO.) of Andalucía, appended to the Government’s report which was received in September 2009. This organization alleges failure to implement the agreements signed by the Government of Andalucía concerning the increase in staff for the offices of the Andalucían Employment Service and the lack of any provision to fill vacant posts, to the detriment of delivery and quality of the services. In the opinion of the CC.OO. of Andalucía, poor human resources management and the lack of professionalism are causing great dissatisfaction among the users of employment offices because the quality of the public service is declining. In August 2010 the Government sent a new report including information from the Labour Council of the Executive of Galicia. According to the Executive of Galicia, a proposal was made in 2009 to establish an occupational category of “occupational guidance for placement in employment”, which is being considered by the Autonomous Community. Furthermore, a copy was sent of the training programme given to vocational advisers which was combined with two months of practical experience in employment offices. The Government refers in its report to Royal Decree No. 10/2010 of 16 June 2010 concerning urgent measures for the reform of the employment market and to the Special Plan of April 2008 concerning guidance, occupational training and job placement measures. The Government adds that, as part of the Special Plan, the network of employment offices has been strengthened with the recruitment of 1,500 vocational advisers and their recruitment has been extended in order to deal with the sharp increase in the number of jobseekers and provide a more effective response. The Committee notes the conclusion of agreements concerning the training of persons who will perform guidance, advice and evaluation duties in relation to the accreditation of occupational skills, and also notes the implementation of activities designed to inform potential candidates about features of the procedure for the recognition of experience. The Committee refers to its observation on the application of Convention No. 122 and, in view of the current circumstances of the employment market in Spain, it requests the Government to report on the measures adopted to ensure the functioning of employment offices sufficient in number to meet the needs of employers and workers throughout the country. Furthermore, the Committee requests the Government to supply further information on the manner in which it is ensured that the staff of the employment service in the Autonomous Communities of Andalucía and Galicia have the requisite skills to perform the duties required by the Convention and have received the appropriate training in this respect. The Committee recalls that the part of the report form referring to Article 9 of the Convention also requires information to be supplied on the arrangements made for subsequent training of employment service staff, so as to enable an evaluation of the application of the aforementioned provision in each of the Autonomous Communities.

[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Contribution of the employment service to employment promotion. Skills and training of employment service personnel. The Committee notes the Government’s report received in September 2009. The Government refers to the working of the Public Employment Services Information System implemented in May 2005 to collect information produced as a result of the management of the public employment services of the State and the autonomous communities. The Government also provides statistics on the mediation role played by the public employment services.

In February 2009, the Office sent the Government a communication from the Independent Federation of Civil Servants (CSI-F), which expressed concern at the lack of skills among staff responsible for occupational guidance in the Autonomous Community of Galicia. The CSI-F refers to the provisions of Article 9 of the Convention, and states that the Executive Council of Galicia, through the Labour Council, hired personnel who had no specific qualifications for guidance work. This, in the CSI-F’s view, has serious consequences, such as the de‑professionalization of the public service of Galicia, poor quality in the supply of these services to the public, and the demotivation of those who do have proper qualifications.

The Committee also notes the comments by the Trade Union Confederation of Workers’ Commissions (CC.OO.) of Andalucia, appended to the Government’s report. This organization alleges failure to implement the agreements signed by the Government of Andalucia concerning the increase in staff for the offices of the Andalucian Employment Service and the lack of any provision to fill vacant posts, to the detriment of performance and quality of the services. In the view of the CC.OO. of Andalucia, poor human resources management and the lack of professionalism are causing great dissatisfaction among the users of employment offices because the quality of the public service is declining.

The Committee requests the Government to provide information on the measures that ensure the operation of employment offices sufficient in number to meet the needs of employers and workers in each of the autonomous communities. It furthermore invites the Government to include in the report precise information on the manner in which it is ensured that the staff of the employment services in the Autonomous Communities of Andalucia and Galicia have the necessary skills to perform the duties set forth in the Convention and that they have received adequate training. The Committee points out that the report form for the Convention requests the Government, under Article 9, to provide particulars of the arrangements made for subsequent training of employment service staff, and that this is particularly important in view of current circumstances in the labour market in Spain.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Contribution of the employment service to employment promotion. The Committee notes the detailed information supplied by the Government in the report received in July 2004 relating to an observation made in 1999. The Government refers to the training offered by the National Employment Institute (INEM) and the efforts that have been made, in collaboration with the social partners and the Autonomous Communities, to update the content of the courses available. The Committee refers to the comments it made on the application of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181), and requests the Government to continue supplying information on the measures adopted by the National Employment System to ensure the best possible organization of the labour market. The Committee requests the Government to include in its next report statistical information on the number of public employment offices, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment, indicating the efforts made to satisfy the needs of employers and workers (Articles 1 and 3 of the Convention and Part IV of the report form).

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the observations of the General Union of Workers (UGT), sent to the Government in March 1999. The UGT states that there are still problems that pertain in respect of the National Employment Institute (INEM), as the body operating as a free, public employment service referred to in Article 1 of the Convention. Some of the problems of the INEM were aggravated by the Government's budgetary policy. The INEM was unable to achieve its aims effectively, as required under Article 6 of the Convention. The UGT is opposed to the budgetary measures adopted by the Government over the last years, which have significantly reduced state support. The Committee notes that the Government has not communicated its comments in respect of the questions raised by the UGT. It would be grateful if the Government would supply a detailed report on the application of the Convention, including details of the organization of the employment service, and the activities undertaken by the INEM to ensure effective fulfilment of the functions mentioned in Article 6 of the Convention.

2. The Committee recalls that, in its direct request of 1998, it had requested the Government to continue supplying detailed information on the measures adopted in conformity with Article 11 of the Convention, to secure effective cooperation between the public employment service and non-profit-making employment agencies. Please also supply detailed information on the nature and volume of the respective activities of the INEM and of non-profit-making employment agencies (Part IV of the report form).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending June 1998. It notes that the principal change that has occurred in the application of the Convention during that period concerns the authorization of non-profit making employment agencies by virtue of Decree No. 735/95. The Committee notes that the authorization of these agencies is subject to the conclusion of a collaboration agreement with the National Employment Institute (INEM) and that these agencies must contribute to the implementation of integrated employment service plans. It would be grateful if the Government would continue providing detailed information on the measures which are adopted, in accordance with Article 11 of the Convention, to secure effective cooperation between the public employment service and these agencies. Please also provide detailed statistical information on the nature and volume of the activities of the INEM and non-profit making employment agencies respectively (Part IV of the report form).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in reply to its earlier comments. It also notes the new observations on the application of the Convention made in September 1994 by the General Union of Workers (UGT), which have been transmitted to the Government for comments. The union reiterates its previous statement to the effect that the National Employment Institute (INEM) does not efficiently perform its tasks to ensure effective recruitment and placement of workers and to assist them to obtain vocational training because of insufficient staffing. The UGT also repeats its allegations according to which the unions' participation is limited to merely receiving information, and it is not consulted through the General Council of the INEM.

In its reply to the observations made by the union the Government describes the recent legislative developments in the field of employment promotion and organization of the employment market, as well as various measures taken by the INEM concerning employment. In particular the measures include the cooperation with public and private bodies at the national and local levels with a view to ameliorate the employment situation, the arrangements made to meet the needs of particular categories of applicants for employment, such as disabled persons and juveniles, and the administration of unemployment insurance. As regards, more specifically, vocational training, the Government refers to Royal Decree No. 631/93 which lays down the National Vocational Training Plan and to Organic Law 1/1990 which provides for a Qualification and Classification Plan for applicants for employment, as well as to measures provided for in Order of 13 April 1994 and Resolution of 27 December 1993. Concerning consultation of employers' and workers' representatives, the Government states that the social partners are assigned important functions at the General Council, Executive Committee and Provincial Executive Committees of the INEM, which include their participation in the elaboration of the criteria of the functioning of the Institute and of the draft budget, as well as in the approval of the annual report. As regards the staff of the INEM, the Government expresses the opinion that its composition meets the requirements of the Convention concerning the status and conditions of service of the employment service staff.

The Committee has noted this information, as well as statistical data supplied by the Government concerning the number of applications for employment, vacancies and placements. It would be grateful if the Government would continue to supply information on the arrangements made at the national, regional and local levels, through the respective General Council, Executive Committee and Provincial Executive Committees of the INEM, for the cooperation of employer and worker representatives in the organization and operation of the employment service and in the development of employment service policy, as required by the report form under Articles 4 and 5 of the Convention.

Please also continue to describe the activities the employment service performs in order to carry out effectively its functions, as required by the report form under Article 6.

The Committee would be grateful if the Government would also continue to provide general information concerning the methods of recruitment and selection of the INEM staff, indicating, in particular, the arrangements made to ensure the staff's training for the performance of their duties, as required by the report form under Article 9, paragraphs 2 and 4.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report for the period ending 30 June 1993. It also notes the observations made by the General Union of Workers (UGT) on the application of the Convention. The Union considers the staff of the National Employment Institute (INEM) to be insufficient to efficiently perform its task to ensure effective recruitment and placement of workers. It also states that the Union's participation is limited to merely informing them, and that they are not consulted through the advisory committees. The Committee would be grateful if the Government would supply, with its next report, any comments it considers appropriate on the observations of the UGT. Also, please continue to supply information on the arrangements made at the national, regional and local levels, through the respective General Council, Executive Committee, and Executive Committees of Provinces established in accordance with Royal Decree 1458/1986, concerning the cooperation of employer and worker representatives in the organization and operation of the employment service and the consultation with these representatives in the development of employment service policy, as required by the report form under Articles 4 and 5 of the Convention.

Please also continue to describe the activities the employment service performs in order to carry out effectively its functions, as required by the report form under Article 6.

[The Government is asked to report in detail for the period ending 30 June 1994.]