Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Spain (Ratification: 1995)

The Committee notes the detailed information contained in the Government’s last two reports and the attached documentation.

Articles 6(d) and 12(d) of the Convention. The Committee notes the decision of the Supreme Court of 26 December 2001 in which it was concluded that the termination benefits referred to in section 33(2) of the Workers’ Statute have the same meaning as the term "severance pay" employed in Articles 6(d) and 12(d) of the Convention and include compensation payable only in the event of the termination of employment at the initiative of the employer. The Committee recalls in this connection that the International Labour Office has on three different occasions given informal opinions suggesting that the term "severance pay" should be understood in a narrow sense to cover only that form of compensation due to workers upon termination of their employment at the initiative of the employer and that it should be read in conjunction with Articles 3 and 12 of the Termination of Employment Convention, 1982 (No. 158), which are drafted upon the same understanding.

Part IV of the report form. The Committee notes that according to the statistical information supplied by the Government, in 2000 the Wage Guarantee Fund (FOGASA) settled claims of 76,827 beneficiaries for a total amount of 228 million euros while in 2001 some 70,237 workers received payments totalling 214 million euros. The Committee would appreciate if the Government could continue to supply detailed information on the practical application of the Convention, including for instance available statistics on the number of bankruptcies and the amount of unpaid wages recovered through judicial proceedings in accordance with existing bankruptcy laws and regulations, but also full particulars on the operation, financing and management of the wage guarantee institution, particularly as regards the number of applications received, the proportion of claims settled and the sums of wage debts paid on a yearly basis.