Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Labour Inspection Convention, 1947 (No. 81) - Spain (Ratification: 1960)

The Committee notes the information supplied by the Government in its report, the observations of the Trade Union Confederation of Workers' Commissions (CC.OO.) and the General Union of Workers (UGT) and the Government's reply to these observations. The Committee recalls that its comments and the discussions held at the Conference Committee in 1992 concerned the strength and means of the labour inspectorate, cooperation between the inspectorate and employers' and workers' organizations, the powers of labour controllers and supervision of the application of collective agreements.

1. With regard to the number of inspectors and workplaces inspected (Articles 3, 10 and 16 of the Convention), the Committee notes the Government's indication that measures have been take to increase the strength and the material resources of the inspectorate. The Committee notes that, according to the 1994 annual inspection report, the strength of the inspectorate increased by 4.85 per cent over 1993 (51 inspectors and 16 controllers). The Government has set priorities for the inspection of workplaces and a considerable increase in the number of visits has been recorded. Under the remuneration system for these employees, the wage is supplemented according to productivity which is measured in terms of the attainment of set objectives, including the number of visits. The Committee notes that particular attention has been paid to the construction, maritime and catering sectors. It notes that, according to the annual report, the priority areas are occupational health and safety and curbing clandestine employment which accounted for almost two-thirds of inspection activity. The Committee asks the Government to continue to provide information on the numbers of inspectors, the priority areas and the visits carried out.

2. As concerns cooperation between labour inspectors and employers' and workers' representatives (Article 5(b)) the Committee notes the Government's indication that this is ensured by the presence of employers' and workers' representatives during inspection visits, by a consultation and information service organized in inspection offices and by a variety of meetings with the representatives.

3. With regard to the application of collective agreements, the Committee notes that, under the Act on offences and sanctions in the social organization, the labour inspectorate is responsible for checking actions or omissions of employers which are in breach not only of the provisions of laws and regulations but also of the labour and health and safety requirements of collective agreements. The Committee notes the Government's indication that a circular has been adopted on this subject. It asks the Government to provide a copy of the circular.

4. With reference to its previous comments in which it noted that, according to the observations made by the CC.OO., no "presumption of certainty and veracity" is established concerning the acts of controllers, which weakens the inspection system, the Committee notes the Government's indication that section 27 of the Finance Act for 1992 (No. 31) has amended section 52 of Act No. 8 of 1988 by adding a paragraph establishing a presumption of authenticity of the records of violations made by controllers where the facts have been duly proved. The Committee asks the Government to indicate any other measures taken or envisaged to give labour controllers the same powers as actual labour inspectors to enforce the provisions of the law.

5. The Committee notes the Government's indication that a national inspection corps represented by the central corps of labour and social security inspectors has been established to maintain the unity of the inspection corps in the country, following the transfer of its powers to the autonomous communities. It also notes the information to the effect that certain attributions of the labour inspectorate now come within the jurisdiction of labour tribunals ("jurisdicción social"), (for example the authority to declare a job toxic, arduous, dangerous). The Committee asks the Government to provide additional information on the reorganization of the labour and social security inspectorate and on the effects of the various reforms.

In addition, the Committee notes that the general labour and social security inspectorate is in the process of preparing a complete reform of the inspection system to replace the present system. The Committee asks the Government to provide information on all developments in this respect. Recalling that Spain has also ratified the Labour Administration Convention, 1978 (No. 150), the Committee hopes that constructive consultations and cooperation will be established in this area between the Government and the employers' and workers' organizations.