Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Rural Workers' Organisations Convention, 1975 (No. 141) - Spain (Ratification: 1978)

The Committee notes the observations of the Trade Union Confederation of Workers' Commissions (CCOO), received on 4 August 2022, and the observations of the Federation of Industry, Construction and Agriculture of the General Union of Workers (UGT FICA), the Spanish Confederation of Employers' Organizations (CEOE), the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) and the Trade Union Confederation of Workers' Commissions (CCOO), which were submitted together with the Government’s report and which address issues that are the subject of this comment. The Committee notes the Government’s reply in this respect.

The Committee notes that both the Government and the above-mentioned trade union confederations indicate that consultations have been held, and that different options are being examined in order to establish a legal mechanism to determine, in a democratic and transparent manner, the representation of professional agricultural organizations at the national level. Observing that the purpose of this mechanism is to facilitate the participation of citizens, through their professional organizations, in the defence of their interests in the agri-food and rural sector, the Committee encourages the Government to take the necessary measures to adopt new legislation on the matter as soon as possible, and requests the Government to keep it informed of any developments in this respect.

The Committee notes the Government’s indication that, in recent years, the work of the Labour and Social Security Inspectorate has been strengthened and efforts have been increased to prevent and identify situations involving labour exploitation in sectors in which the hiring of seasonal workers is more common, in particular in agriculture. The Committee observes that, the CEOE and the CEPYME consider it advisable to strengthen the assistance and information function of the Inspectorate before resorting to enforcement action, thus increasing its effectiveness and reach, with the participation of the social partners. The Committee further notes the emphasis placed by the CCOO on the services provided by the Inspectorate relating to migrant workers and the system for the collective administration of their contracts. The Committee also notes UGT FICA’s indication that there is a downward trend in the number of collective labour agreements in the agricultural sector, and that the fact that many workers are not registered in the social security system and do not have employment contracts, constitutes a barrier to the right to freedom of association. The UGT FICA emphasizes that it is necessary to strengthen the right to freedom of association and the right to organize, with the aim of ensuring that, in a sector as sensitive and precarious as agriculture, collective bargaining and participation are increased, and that the negative trend observed in recent years is reversed. The Committee requests the Government to continue to strengthen the work of the labour inspectorate and to provide information in that respect. It also requests the Government to provide information on the measures and programmes that promote the right to freedom of association in rural areas.