Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Espagne (Ratification: 1967)

The Committee notes the observations of the General Union of Workers (UGT) received on 17 August 2017, and which were forwarded by the Government, and the Government’s reply.

Article 6(1)(a) and (b) of the Convention. Equal treatment regarding conditions of work and social security. The Committee notes the observations of the UGT concerning the exclusion of domestic workers from the Occupational Risk Prevention Act (No. 31 of 8 November 1995) and particularly concerning the fact that section 26 of the Act relating to maternity protection is not applied to these workers. The Committee notes the Government’s reply in its report indicating, inter alia, that the above-mentioned Act does not apply to domestic work because the household is not considered an enterprise or workplace, and so it is impossible to monitor compliance with obligations in this area. However, the Act provides that the householder is obliged to ensure that the work of his/her employees is done under appropriate conditions of safety and health (section 3(4)). The Government also refers to section 7(2) of Royal Decree No. 1620/2011 of 14 November 2011 establishing special labour regulations for domestic work, under which the employer is obliged to ensure that the work of the domestic employee is done under appropriate conditions of safety and health, for which purpose the employer shall adopt effective measures, taking due account of the specific features of domestic work. Serious failure to comply with these obligations shall constitute grounds for resignation by the employee. Recalling that migrant domestic workers are at particular risk of abuse and exploitation, the Committee requests the Government to indicate the measures taken: (i) to ensure that such workers receive information, in an appropriate manner and in a language that they understand, on the conditions of work applicable under national law; and (ii) to ensure that existing complaint mechanisms are effective and accessible. Further, recalling that over half the foreigners employed in Spain are engaged in domestic work, the Committee requests information on complaints filed by domestic workers, investigations conducted, and sanctions issued.

The Committee is raising other matters in a request addressed directly to the Government.