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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Spain (Ratification: 1985)

Articles 3 and 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. The Committee notes with interest the legislative provisions adopted, agreements and court decisions handed down with a view to achieving substantive equality of opportunity for men and women workers. It notes in particular Basic Act No. 3/2007 on effective equality between men and women, which is the result of intensive civil, social and political dialogue. The Committee also notes that section 44 of the Act provides that the right to reconcile personal, family and working life shall be granted to men and women workers so that family responsibilities are assumed in a balanced manner and all discrimination based on the exercise of this right is avoided. The Act also contains a number of provisions giving effect to the Convention, namely: the establishment of paternity leave, to be extended to four weeks as from 2010, and the extension of special leave in the event of disability of a child under the age of majority, or premature birth; the possibility of shortening the working day; improvement in the leave of absence regime and improvements in the systems for breastfeeding infants under nine months old. The Committee also notes the information sent by the Government to the effect that under the Act, during such leave, employees are entitled to take part in training courses organized by the Administration, to return to work in the same job and to benefit from any improvement in working conditions to which they would have had access during their absence. The Committee notes that, according to the Government, the improvements introduced by the Act have been incorporated in the Workers’ Statute, the Basic Public Employment Statute, the Third Single Agreement for Employees Engaged in the General Administration of the State and the Government–Trade Unions Agreement for the Public Service in the framework of the social dialogue 2010–12. The Committee notes that under the latter agreement, the First Plan for Equality between Men and Women in the General Administration of the State and its Public Bodies was approved. The Committee also notes the legal provisions adopted in order to establish active employment policies. It asks the Government to continue to send information on the implementation in practice of all these provisions, particularly Basic Act No. 3/2007 and the agreements adopted under it, including information on how the measures adopted have affected the application of the Convention.

Other members of the immediate family. The Committee notes with interest the adoption of Act No. 39/2006 to promote personal autonomy and care in respect of persons in a situation of dependence, the aim of which is to improve the quality of life of dependent persons as well as of their carers and family members. The Committee notes that, according to the Government, it is hoped that effective implementation of the Act will contribute in the medium and long term to increasing the rate of women’s participation in the labour market. The Committee asks the Government to provide information on the impact of the Act, including statistical data on the persons benefiting under it.

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