Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislative and administrative measures. The Committee notes the legislative and administrative measures adopted by the Government to promote equality. The Committee emphasizes in particular the provisions amending the legal system currently in force, under the terms of Basic Act No. 3/2007 of 22 March on effective equality between women and men, which it noted in its previous observation. These provisions include: the amendment of the general electoral system, the amendment of Act No. 1/2000 on civil procedures which provides for the reversal of the burden of proof; the amendment of the Workers’ Charter (providing that instructions to engage in discrimination shall be void, establishing the possibility of adopting affirmative action for members of the under-represented sex and adopting measures to improve the balance between work and family responsibilities, among other substantive measures for the recognition of equality), and the amendment of the Labour Procedures Act. The Committee also notes the amendment of the Public Employment Statute, the Self employment Statute and the system of public equality institutions, as well as the establishment of the Equality Label granted to enterprises which stand out for their good practices in relation to equality. Finally, the Committee notes the collective agreements containing measures to promote equality, the provision respecting the registration and deposit of collective agreements with a view to establishing a database, as well as the Employment and Collective Bargaining Agreement 2010, 2011 and 2012, which emphasize that collective agreements shall include among their objectives compliance with the principle of equality. The Committee requests the Government to continue providing information on the application and impact in practice of Basic Act No. 3/2007 on effective equality between women and men, and particularly on the equality plans adopted in the context of enterprise collective bargaining and their impact on the implementation of the Convention.

Discrimination based on race, colour, religion and national extraction. The Committee notes with regret that once again the Government’s report does not contain information on this subject. The Committee notes the report on the development of racism and xenophobia in Spain, prepared by the Spanish Observatory on Racism and Xenophobia, which refers principally to the situation of immigrants in the country and emphasizes the interaction between attitudes of intolerance and situations of economic and employment crisis. The Committee once again requests the Government to provide information on the activities carried out by the Spanish Observatory on Racism and Xenophobia and the Council to Promote Equality of Treatment and Non-discrimination with regard to Racial and Ethnic Origin. The Committee particularly requests the Government to provide detailed information on the measures, programmes and plans of action to promote equality of opportunity and treatment and address discrimination in employment and occupation based on race, colour, religion and national extraction. The Committee also asks the Government to provide information on awareness-raising and educational programmes established to promote greater tolerance towards members of minority groups, and especially immigrants, persons of non-European origin and the Roma.

Observations made by the Trade Union Confederation of Workers’ Commissions (CC.OO.). In its previous observation, the Committee noted the observations made by the CC.OO. expressing concern as regards affirmative action measures in enterprises with fewer than 250 workers, the delay in the establishment of the Council on the Participation of Women in the Ministry of Equality and the difficulties faced by foreign women in gaining access to the labour market due to the fact that they work in the informal economy. The Committee notes the Government’s indications that: (1) with regard to affirmative action measures in enterprises with fewer than 250 workers (see the Equality Act), the Equality Label has been established and subsidies are available for the preparation and application of equality plans; (2) Royal Decree No. 1791/2009 determines the operation, competence and composition of the Council on the Participation of Women, a joint consultative and advisory body composed of representatives of women’s organizations and associations; and (3) with regard to the access of foreign women to the labour market, Orders Nos TAS/3698/2006 and TAS/711/2008 regulate the registration of non-Community foreign workers with public services and employment agencies, a guide has been prepared for public administrations on how to address the integration of immigrant women and an analysis has been published of the labour market situation of immigrant women, methods of integration, sectors with employment opportunities and enterprise initiatives. These studies will provide a basis for the preparation of more effective legal, policy and strategic measures to address the issue. The Committee requests the Government to provide further information on the concrete proactive measures adopted in enterprises with fewer than 250 workers, and the measures adopted with a view to achieving the integration of immigrant women into the labour market and their impact in practice.

The Committee also requests the Government to provide information on the following:

• (i) the Strategic Plan for Equality of Opportunities (2008–11) and its impact;
• (ii) the regular evaluation report on the impact of Basic Act No. 3/2007 of 22 March on effective equality for women and men, undertaken in accordance with the fifth final provision of the Act; and
• (iii) the report evaluating the impact of Basic Act No. 1/2004 respecting comprehensive protection measures against gender violence.

Statistical information. The Committee notes the statistical information attached to the Government’s report, particularly on the numbers of self-employed workers and the proportion of workers with contracts without limit of time and fixed-term contracts disaggregated by sex. The Committee further notes the positive trend in the activity rate of women. The Committee requests the Government to continue providing statistical information relevant to the application of the Convention.

Labour inspection. The Committee notes the information provided by the Government on the activities undertaken by the labour inspection services during the period 2008–10. It notes in particular the increase in scheduled inspections and those undertaken following complaints by workers, the number of workers affected, the types of violations committed and the penalties applied to the enterprises concerned. The Committee also notes the campaign carried out in the hotels, financial institutions, commerce, textiles, metallurgy and cleaning sectors with a view to identifying wage discrimination, the findings and the penalties applied. The Committee requests the Government to continue providing information on the activities carried out by the labour inspection services with a view to the application of the Convention, and particularly the results of the 2010 campaign on wage discrimination.