Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Spain (Ratification: 1973)

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 2 and 7 August 2018, respectively. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), attached to the Government’s report. The Committee notes the Government’s replies to these observations.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the detailed information provided by the Government on the steps taken to improve the employment levels of the entire population, especially those groups who have more difficulty integrating into the labour market, and thus improve standards of living. However, the Committee notes that most of this information refers to measures to promote employment and vocational training, which will be examined in its comments on the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142). The Committee notes that, in its concluding observations of 25 April 2018, the United Nations Committee on Economic, Social and Cultural Rights (CESCR), noted with concern that, “for a country with the State party’s level of development, the percentage of the population at risk of poverty and social exclusion is high, particularly among certain groups, such as young people, women, the least educated and migrants.” (see E/C.12/ESP/CO/6, paragraph 33). The CESCR also expressed concern at the fact that this percentage is higher in certain autonomous communities and that children are most at risk of falling into poverty. In this context, the Committee notes that, in the framework of the “Europe 2020 Strategy”, Spain made a commitment to reduce by between 1,400,000 and 1,500,000 (from 2009 to 2019) the number of persons at risk of poverty and social exclusion and the proportional rate of child poverty, according to the AROPE indicator, which measures the number of persons at risk of poverty and/or social exclusion. The Committee notes that, according to a report published by the European Anti-Poverty and Social Exclusion Network in 2019 entitled “Follow-up on the poverty and social exclusion indicator in Spain 2008–2018”, the above mentioned objective is still far from being reached. This report indicates, on the basis of data from the National Institute of Statistics’ (INE) Survey of Living Conditions, that, in 2018, some 26.1 per cent of the Spanish population (12,188,288 persons) was at risk of poverty and social exclusion. The report also indicates that the AROPE rate varies considerably depending on various factors, such as age and sex. The Committee also notes that, according to the report, in 2018, one in three persons with disabilities was at risk of poverty or social exclusion. With regard to the child poverty rate, the report indicates that, in 2018, some 26.8 per cent were at risk of poverty and 7.7 per cent were living in extreme poverty. The report also indicates large disparities between regions, with the regions to the north of Madrid maintaining the lowest rates of poverty and/or social exclusion, while the southern regions have much higher rates (between four and 18 percentage points above the national average). Lastly, the Committee notes the UGT’s indication that the social partners do not participate in the formulation and implementation of the measures adopted by the Government with a view to improving the living standards of certain population groups. The Committee requests the Government to send detailed information on any measures adopted or envisaged to improve the standards of living of the Spanish population (Article 2), especially for vulnerable groups such as children, women, young persons, migrant workers, persons with disabilities, the poorly educated and older adults. In this regard, the Committee requests the Government to take the necessary steps to ensure that these measures take account of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). The Committee also requests the Government to provide detailed and updated information (disaggregated by sex, age and autonomous community) on the outcomes of these measures. Furthermore, the Committee encourages the Government to conduct a study into the living conditions of independent workers and wage earners, in coordination with the representative organizations of employers and workers (Article 5(1)).

Public Indicator of Multiple Purpose Income (IPREM). In its observations, the CCOO refers to the minimum amount of unemployment benefit, which is set at 80 per cent of the Public Indicator of Multiple Purpose Income (IPREM), established each year in the General Budget Act. In this respect, the CCOO reports that the IPREM has been repeatedly frozen in recent years, to the extent that it does not guarantee the maintenance of minimum standards of living. Specifically, the CCOO indicates that, from 2010 to 2018, the IPREM appreciated at a rate 6.3 percentage points lower than average inflation in Spain. The CCOO also indicates that, in 2018, the IPREM was €430 per month (€5,160 per year), which is below the threshold to be at risk of relative poverty (which was €8,522 per year in 2017). The CCOO reports that one of the reasons for the decrease in the value of the minimum unemployment benefit is the absence of a legal formula to calculate the IPREM that ensures the maintenance of purchasing power. In this respect, the Government indicates that, under section 2(2) of Royal Decree-Law No. 3/2004 of 25 June, the social partners are consulted regarding the amount of the IPREM before its approval. Observing that, since its approval in 2004, the amount of the Public Indicator of Multiple Purpose Income (IPREM) has remained stable despite the economic improvement in the country in recent years, the Committee encourages the Government to formulate a study, in collaboration with the social partners, regarding the amount of the IPREM, which must be set with a view to ensuring the maintenance of minimum standards of living for the beneficiaries of unemployment benefits (Article 5(1)). The Committee also requests the Government to provide a copy of the study once it is completed.

Part-time and fixed-term contract workers. The Committee notes that the CCOO reports serious shortcomings in the legal system in relation to minimum income guarantees for part-time workers. The CCOO indicates that, according to data published by the INE, the use of part-time contracts for men increased from 4.9 per cent in 2009 to 7.3 per cent in 2017, while for women it increased from 22.4 per cent to 24.2 per cent. The CCOO also indicates that, in 2017, the proportion of men working part-time involuntarily was 75.7 per cent and of women was 57.7 per cent, while the European Union average was 47.0 per cent for men and 24.1 per cent for women. The CCOO reports that most part-time workers have short-term contracts with significantly reduced working hours, which do not guarantee sufficient income and have serious consequences for the social security coverage of these workers, in violation of the provisions of Article 5 of the Convention. The CCOO alleges that, as a result, the percentage of the “working poor” in Spain is higher than the European average. Specifically, the CCOO indicates that the employed population at risk of relative poverty in Spain amounted to 12.3 per cent for woman and 13.7 per cent for men, while in the European Union these figures were 9.1 per cent and 10.1 per cent, respectively. The Committee also notes the CCOO’s allegations of the misuse of part-time contracts insofar as, in some cases, they are used with the principal objective of reducing business costs, mainly by reducing the wages received by workers and the social security costs associated with those wages. Furthermore, the CCOO indicates that, in 2015, the social security contribution rates for part-time fixed-term employment contracts were reduced, which helped to encourage their use, as it removed the burden borne by these contracts under the earlier legislation in comparison with other more stable forms of recruitment. In this context, the CCOO indicates that, between 2015 and 2016, the labour inspectorate conducted 20,039 labour inspections related to the misuse of part-time employment contracts, during which 3,025 violations were detected and 10,520 illegal part time employment contracts were identified. In this respect, the CCOO indicates that, given the high numbers of part-time contracts, this action is not sufficient and points out the absence of an effective plan of action to repress the fraudulent use of part-time contracts. In its reply, the Government refers to several provisions of the legal system that aim to ensure that part-time workers have the same rights as full-time workers (such as section 12(4)(d) of the Workers’ Statute) and full-time contracts are converted to part-time contracts only with the consent of the worker (section 12(4)(e) of the Workers’ Statute). The Government reports the approval of the “Master Plan for Decent Work 2018–2020”, which includes a plan to combat fraud in short-term employment and a plan to combat the misuse of part-time employment. Lastly, the CCOO indicates that, before 2012, all workers without distinction had access to an unemployment benefit with a minimum value of 80 per cent of the IPREM. However, the CCOO alleges that, from 2012, the guaranteed minimum amount of these benefits for part-time workers was reduced in proportion to their hours worked, further reducing the income of these workers. Noting the large numbers of short-term and part-time workers, as well as their high poverty rates, the Committee requests the Government to adopt the necessary measures with a view to ensuring the maintenance of minimum standards of living for these workers. The Committee also requests the Government to send detailed and updated information on the impact of the measures adopted or envisaged to end the misuse of short-term and/or part-time contracts, including those implemented by the labour inspectorate as part of the plans to combat fraud in short-term employment and the misuse of part-time employment.

Migrant workers. In its observations, the UGT reports that the living standards of foreign nationals were not included in the standards, plans and measures adopted by the Government between 2013 and 2018. The UGT refers to, inter alia, the failure to include this group in the measures implemented as part of the Spanish Employment Activation Strategy (EEAE) and the various annual employment policy plans (PAPE) adopted during the above mentioned period. In this regard, the UGT indicates that, according to the INE Survey of Living Conditions, in 2017, the at-risk-of-poverty rate was 18 per cent among nationals, 39.2 per cent among foreign nationals from European Union member countries and 52.1 per cent among foreign nationals from non-European Union countries. In this regard, the Government indicates in its reply that foreign national workers who are in a regular situation and have a work permit can access the same programmes and measures as national workers. The Government also refers to the labour inspections carried out in the context of the “campaign on the discriminatory working conditions of migrant workers”, with a view to identifying possible discrimination against foreign national workers in enterprises. Lastly, the Committee notes that the UGT reiterates its concern regarding the impact on the application of Article 2 of the Convention of the measures adopted by the Government since March 2012 on healthcare for the foreign national population. In its concluding observations of 25 April 2018, the CESCR expressed its concern at the regressive effect on the right to health of Royal Decree-Law No. 16/2012 of 20 April 2012 on urgent measures to guarantee the sustainability of the national health system, which limits the access of irregular migrants to health-care services and has led to a decrease in the quality of such services and to an increase in the disparities between the autonomous communities. The CESCR also expressed concern at the fact that no comprehensive impact assessment has been carried out with regard to this law and that the law is not considered to be temporary (see E/C.12/ESP/CO/6, paragraph 41). The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to improving migrant workers’ standards of living and their impact. In this respect, the Committee requests the Government to take the necessary steps to ensure that these measures take account of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)).

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

Parts I and II of the Convention. Article 2. Improvement of standards of living. The Committee notes the Government’s detailed report for the period ending June 2013, the observations of the General Union of Workers (UGT) and the reply made by the Government in that regard. The Government states that “improving living and working conditions” is an objective which has to be maintained in future with increased intensity by promoting the retention and creation of employment, as part of the recovery from the difficult economic situation that Spain is experiencing. The UGT expressed its concern at the impact on the application of Article 2 of the Convention of the measures adopted by the Government since March 2012 in relation to health assistance for foreign nationals. The Government explains that, under the new regulations, legal foreign residents are guaranteed the same protection as Spanish nationals, while those who are not in a legal situation will receive health care solely under specific conditions, without this differentiation amounting to discrimination of any type within the meaning of the applicable European and Spanish regulations. In its communication, the UGT also criticizes the changes made to the programme of active integration benefits (RAI) for unemployed persons with special economic needs and difficulties in finding employment. The UGT argues that, in practice, the nature of the benefit has been changed, giving rise to the marginalization of certain categories. With reference to the UGT’s criticisms, the Government indicates that Convention No. 117 refers to the basic aims and standards of social policy, and does not include any provisions on social security benefits or unemployment benefits which might be deemed to be prejudiced by the changes to the programme of active integration benefits. The Committee invites the Government to provide information so that it can examine whether the “improvement of standards of living” has been regarded as the “principal objective in the planning of economic development”. In particular, please provide the information requested in the report form on the minimum standards of living of independent producers and wage earners (Article 5) and of migrant workers (Articles 6–9).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s detailed report received in July 2008 including full information in response to the direct request of 2005. The Committee notes the rulings handed down by the Constitutional Court with regard to the appeals to declare Organic Law No. 8/2000 of 22 December 2000, amending Organic Law No. 4/2000 of 11 January 2000, on the rights and freedoms of foreigners in Spain and their social integration as unconstitutional. The Committee refers to its other comments in relation to the situation of migrant workers and policies for employment and human resources development, which are matters related to the scope of Convention No. 117. The Committee reiterates its interest in examining, in the next report on Convention No. 117, an up to date summary of the steps taken to ensure that the “improvement of standards of living” has been regarded as the “principal objective in the planning of economic development”.

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

1. The Committee notes the Government’s detailed report, received in July 2003, and the comments on the report provided by the Trade Union Confederation of Workers’ Commissions (CC.OO.) and the General Union of Workers (UGT).

2. Part IV of the Convention. Remuneration of workers. With reference to the communication by the CC.OO., concerning the revision of the interoccupational minimum wage (SMI), the Committee refers to the comments that it has been making on the application of the Minimum Wage Fixing Convention, 1970 (No. 131), and it hopes that the Government will provide the information requested in this respect.

3. With regard to the communication of the UGT, which refers to Part II of the Convention relating to the improvement of standards of living and Part VI concerning education and training, the Committee notes the criticism made by the trade union organization of the General Budget for 2004. The UGT also refers to the situation of migrant workers in Spain.

4. Taking into account the comments made in relation to the situation of migrant workers and to the employment and human resources development policies, which are matters related to Convention No. 117, the Committee would be grateful if the Government would include in its next report on Convention No. 117 a synthetic and updated overview of the manner in which it is ensured that the improvement of standards of living has been regarded as "the principal objective in the planning of economic development" (Article 2 of the Convention).

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

The Committee notes the information supplied by the Government in its report in response to its earlier comments. The Committee requests the Government to continue to supply, in conformity with Part V of the report form, general information on the application of the Convention in practice, including the results of inspections undertaken (for example: cases of infringements reported, penalties imposed, etc.).

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report containing detailed information on the application of various Articles of the Convention and supplemented by ample documentation. It also notes the comments of the General Union of Workers (UGT) on the application of the Convention, transmitted with the Government's report, as well as the Government's response to them.

The UGT refers to the establishment of a new form of employing young persons between 16 and 25 years under a contract of apprenticeship, whose wage is fixed as a percentage of the Interprofessional Minimum Wage (SMI). The UGT considers that the workers concerned, even if they are called apprentices, perform work similar to other workers and that they should be paid the full rate of SMI.

The Government indicates, in its response, that this new system of contract of apprenticeships was established not on the Government's discretion but on account of a wide consensus in Parliament by Act No. 10/1994 of 19 May 1995. It emphasizes that: firstly, under section 3, paragraph 2(e) of the said Act, theoretical training provided to the apprentice should not be less than 15 per cent of the maximum working hours provided by the collective agreement; secondly, this Act itself fixes specific minimum rates of wages for apprentices, which are lower than the rates fixed by the Royal Decree for normal contracts; and finally, the objective of this system is to facilitate the integration of young persons in work, as a part of the global social and employment policy (covered by Convention No. 122), accompanied also by various measures of training for those persons.

The Committee takes due note of the above information, and in particular that the above Act provides for the wage rate for an apprentice at a percentage of the SMI in relation to a minimum percentage of working time to be spent for theoretical training. It notes that, under section 3, paragraph 2(e) of the said Act, enterprises which have failed to comply with its obligations concerning the theoretical training should pay to the worker, as compensation, an amount equal to the difference between the wage received by the worker, taking account of the time for theoretical training agreed upon in the contract, and the minimum wage (SMI or what is fixed by collective agreement), without prejudice to the prescribed sanction. It further notes that the Act includes a provision stipulating that, after the expiry of the maximum period of three years or otherwise fixed by collective agreement, the worker cannot be employed as an apprentice any more whether in the same or a different enterprise.

In the light of the foregoing, the Committee does not consider that such contract of apprenticeship affects the application of Article 10 of the Convention concerning minimum wages. It however requests the Government to continue to include information on the practice of the apprenticeship under this Act with regard to Article 15(1) concerning the progressive development of systems of apprenticeship.

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

Regarding the comments made by the Democratic Confederation of Labour (CDT) of Morocco on the application of this Convention, please see under Convention No. 97, as follows:

The Committee notes the comments made by the Democratic Confederation of Labour (CDT) of Morocco on the application of this Convention and of Convention No. 117, as well as the Government's observations on these matters.

CDT alleges that during an incident in the port of Algeciras, Moroccan migrants received bad treatment by the Spanish Civil Guard forces in an incident which resulted in dozens injured and three missing. According to the Government, this occurred on 18 July 1993 within the framework of an operation by the National Police Corps to repatriate 166 immigrants with false documentation. The Government indicates that, when the ferry boat carrying these expelled migrants commenced its manoeuvre to leave the dock, two persons fell into the water and that, despite the intervention of the Civil Guard forces, a patrol boat of the Maritime Service and a team of divers, these individuals were not found. The Government states that the forces of public order followed general standards of action, involving the greatest care and respect to the persons concerned. The Committee takes due note of the above information.

The Committee notes that the Government further describes in detail a series of meetings held between the Governments of Spain and of Morocco concerning the above-mentioned incident, following which the Government considers it useful for the two countries to cooperate closely in their battle against organized clandestine migration.

The Committee requests the Government to continue providing information on any measures taken in this regard, in the light of Article 4 of the Convention.

The Committee is also addressing a direct request to the Government on certain points.