Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Migration for Employment Convention (Revised), 1949 (No. 97) - Spain (Ratification: 1967)

The Committee takes due note of the information supplied by the Government in reply to its previous direct request, concerning the application of Articles 2, 3 and 4 of the Convention and Article 6 of Annex I. It notes in particular the information concerning the sanctions applicable to employers who employ foreign workers without a work permit and to persons who facilitate, procure or protect the employment of foreigners without permits, and the number of infringements recorded by the labour inspectorate, as well as the statistics on the number and origin of foreign workers in Spain and on foreign workers whose status has been regularised by virtue of Act No. 7/85. It would be grateful if the Government, in its next report, would continue to provide information on the situation of foreign workers in Spain and on the measures taken to prevent clandestine immigration.

Furthermore, the Committee takes note of the communication of the Democratic Confederation of Labour (CDT) of Morocco, dated 28 July 1988. In this communication, the CDT states that Moroccan and Algerian migrant workers travelling through Spain to spend holidays in their respective countries in 1988, had to wait two or three days before being able to make the crossing from Malaga to Melilla, as the tickets to Melilla had already been sold and were only available on the black market at six times their value. The comments of the CDT were transmitted to the Government in a letter dated 15 September 1988. The Committee hopes that the Government will be in a position to provide information in its next report, on the points raised in the CDT communication which is relevant to Article 4 of the Convention.