Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

1. The Committee notes the detailed information supplied by the Government in its report. In regard to non-discrimination based on sex, the Committee notes with interest the large number of measures taken by the Government to foster the integration of women into the labour market, such as the new laws to encourage recruitment of women to permanent posts, providing incentives for social security and incentives of a fiscal nature which give employers the right to receive a reduction of their social security contributions. It notes in particular Act 64/97 of 26 December 1997, which promotes the hiring on permanent, full-time contracts of women belonging to the long-term unemployed in professions or occupations in which they are under-represented, granting the employer a 60 per cent reduction in social security contributions for 24 months after the engagement. The Committee would be grateful if the Government would supply information in its next report on the effect these measures have had on women's situation in the Spanish labour market.

2. The Committee also notes with interest that Act 50/1998 of 30 December has introduced sexual harassment into section 96 of the Act on the Status of Workers as a new type of serious offence in labour matters when it occurs within the ambit covered by the authority of the company's management. It also notes that Organic Law 11/99 of 30 April has modified section 1984 of the Penal Code which includes sexual harassment as a violation of workers' rights, when it occurs in the framework of the labour relationship.

3. The Committee notes the Government's reply to the comments made by the General Workers' Trade Union (UGT) in 1997. The Government indicates that its entire policy in regard to equality of treatment and opportunity between men and women in employment and occupation is designed to promote sociocultural change in Spain, facilitating application of the Convention. In this context, the Committee notes the Government's statement in its report to the effect that the promotion of equality of treatment and opportunity between men and women is an essential part of the 1998 Employment Action Plan (Revised) and that, in accordance with the Treaty of Amsterdam (section 3(2)), the Government's intention is that equality between men and women will be embodied in all its policies and all its plans and projects. The Committee would be grateful if the Government could provide information on the positive action taken to promote sociocultural change in the country, which encourages participation of Spanish women in the labour market, particularly with regard to the sharing of family responsibilities. With reference to specific labour inspection measures for the purpose of eliminating discrimination on the grounds of sex, the statistics sent by the Government show that, in 1998, there were slightly less than half the number of inspections on discrimination against women which were carried out in 1997. The Committee requests the Government to explain the reasons for this significant decrease.

The Committee is sending the Government a direct request on various matters.