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

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

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.