Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Spain (Ratification: 1993)

The Committee notes the Government's first report and would be grateful if it would supply additional information on the following points.

1. In accordance with section 2 of the Hotels Ordinance (OM of 28 February 1974), and in conformity with the provisions of Article 1 of the Convention, establishments and facilities engaged in "enterprise catering" are excluded from its scope. The Committee requests the Government to provide further information on the possibility of exclusion from the scope of the Convention of non-profit- making establishments which engage in catering activities in view of the fact that, if such an exclusion were not confirmed, workers in such establishments would be included within the scope of the Convention, unless provided to the contrary in an applicable collective agreement.

2. With reference to Articles 4 and 5 of the Convention the Committee requests the Government to provide additional information on the effect given in practice in the sector to provisions respecting working hours, rest periods and working days, as well as on the activities of the labour inspectorate to supervise and apply the above provisions.

3. In view of the "transitional" period through which Spanish labour legislation is currently passing, the Government is requested to keep the Committee informed on the progress made and the measures adopted in law and in practice to achieve the objectives of this Convention.