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

Termination of Employment Convention, 1982 (No. 158) - Spain (Ratification: 1985)

The Committee notes the detailed and documented explanations supplied by the Government in answer to all the comments of the General Union of Workers (UGT) and particularly on the points raised in its previous observation.

Article 2, paragraphs 2 and 3, of the Convention. In the view of the UGT, the large proportion of temporary contracts of employment has the effect of depriving approximately one-third of the workers of the protection provided for by the Convention. However, in reply the Government recalls that it has not availed itself of the possibility provided by paragraph 2 of excluding temporary workers from the scope of the Convention; accordingly, they have the same guarantees as other workers. Furthermore, the Government considers that a distinction must be made between the issues of temporary employment and the guarantees to be provided under paragraph 3. As it indicated in its previous observation, the Committee will continue its examination of the issue of precarious forms of employment and the measures taken to remedy it in the framework of its examination of the application of Convention No. 122.

Article 7. The Government considers that the administrative conciliation procedure conducted before dismissal takes effect, in the presence of witnesses and outside the enterprise, affords workers a better means of defending themselves than would a mere formal interview conducted in the enterprise prior to dismissal. While noting this explanation, the Committee recalls that the guarantee laid down by this Article of the Convention must be provided to all workers in the event of dismissal for reasons related to his conduct or performance. It asks the Government to indicate in its next report whether this guarantee is indeed available to all workers and how it is ensured in practice.

Articles 13 and 14. The Committee notes that with the amendments to section 51 of the Workers' Charter, the national legislation has limited the applicability of Article 13, paragraph 1, and Article 14, paragraph 1, as envisaged under Article 13, paragraph 2, and Article 14, paragraph 2, respectively. The Committee recalls that the Convention allows the applicability of provisions as to informing workers' representatives and the competent authority and also consulting workers' representatives when contemplating economic, technological, structural or similar terminations to be limited to cases where specified numbers or percentages of workers are involved. It will continue to follow developments in this matter.