Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Spain (Ratification: 1977)

The Committee takes note of the comments sent by the Trade Union Confederation of Workers' Committees (CC.OO.) to the effect that: (1) the Government has intervened in collective bargaining, in particular by publicly advising employers not to give effect to a wage adjustment agreement in the banking sector; (2) the Government has negotiated a retirement pension increase with a non-union organisation; and (3) the Government has not yet recognised the right of public servants to bargain collectively.

In reply, the Government has drawn the attention of the Committee to information already communicated in cases examined by the Committee on Freedom of Association and given during discussions at the Conference Committee on the Application of Standards and in the Governing Body. These matters have been noted by the Committee.

The Committee has taken note of Case No. 1474 examined by the Committee on Freedom of Association (see 265th Report, approved by the Governing Body in May-June 1989). As regards the first point, the Committee notes that, according to the CC.OO. itself, the Government merely advised one of the parties to the bargain. In the Committee's opinion, the expression of a government's view on the impact of a collective bargain, without direct interference, does not appear to offend the provisions of the Convention. As for the second point, it is of the opinion, as was the Committee on Freedom of Association in Case No. 1474, that representative trade union organisations were consulted and that the Government signed an agreement with an organisation which represents the interests of retired persons on a wide scale; the Committee accordingly considers that there has not been any infringement of collective bargaining. As regards the last point, the Committee recalls that the Convention does not deal with public servants engaged in the administration of the State (Article 6 of the Convention), and there is no evidence that other types of civil servants were involved.