Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Equal Remuneration Convention, 1951 (No. 100) - Spain (Ratification: 1967)

1. The Committee notes the information provided by the Government in its report, and the attached documents and statistical data. The Committee also notes the comments made by the Trade Union Federation of Workers’ Confederations (CC.OO), received by the Office on 18 October 2002, raising questions related to the application of the Convention, which have been forwarded to the Government. The Committee will examine the comments made by the CC.OO at its next session, together with any response to these comments by the Government.

2. The Committee refers to the Government’s reply to the comments made by the General Union of Workers (UGT) on the application of Convention No. 111, which are also related to the application of the principle of equal remuneration for men and women workers for work of equal value. The UGT referred in its comments to the lack of legal and administrative measures to prevent wage discrimination between men and women in employment. The Committee notes the Government’s reply in which it indicates that the amount of the minimum inter-occupational wage is determined only by the Government, but that the structure and amount of remuneration are the result of collective bargaining. The Government adds that in the event of any failure to comply with the principle of equality and non-discrimination in this respect, public administrators can turn to the commission responsible for negotiating the collective agreement and require the rectification of any clauses which do not respect the principles of equality and non-discrimination. The Government also states that such clauses may be taken up ex officio by the labour authorities by means of a special procedure set out in the Labour Procedure Act. The Committee requests the Government to provide information on the practical application of this regulation, including copies of relevant administrative and judicial decisions. The Committee invites the Government to consider the possibility of encouraging the social partners to include a balanced representation of men and women in the teams negotiating collective agreements, and hopes that the Institute for Women will continue its activities to ensure that the persons concerned are adequately trained in the fields of discrimination on grounds of sex and of equal remuneration.

The Committee is raising other matters in a request addressed directly to the Government.