Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Employment Service Convention, 1948 (No. 88) - Spain (Ratification: 1960)

Articles 4 and 5 of the Convention. Contribution of the employment service to employment promotion. Collaboration with the social partners. With reference to the observations made in recent years, the Committee notes the Government’s report and the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT). The Government refers to the legislative measures adopted, and particularly the framework agreement in the national employment system, the objective of which was to facilitate the participation of private agencies in the provision of employment mediation services. A common framework to monitor employment placement activities throughout the territory has been established in the form of an electronic platform for collaboration and the exchange of information. The Committee notes that at the end of 2013 there were 761 employment offices, which had received requests from almost 6 million individuals seeking work, while something under 400,000 job vacancies were notified. The CCOO considers that it is incomprehensible that in a situation as serious as the present one, the staffing of the State Public Employment Service (SEPE) should be reduced each year. Since 2011, the Government has reduced the personnel costs of the SEPE, resulting in a deterioration in the services of the SEPE, with the consequence that in 2014 each official had to deal with 10,224 unemployed persons. Similarly, the UGT emphasizes that the staff of the public employment services should be adapted in size to real needs, based on the number of unemployed persons registered at employment offices. The UGT indicates that the Standing Committee of the General Council of the Employment System did not meet once in 2013, thereby failing to comply with the requirement to meet every quarter, which has also occurred in 2014. In its reply to the observations made by the two confederations, the Government provided additional information in November 2014 indicating that consideration should be given to the fact that some responsibilities and funds for the public employment services have been transferred to and are available in the autonomous communities. With regard to its 2012 observation, the Committee observes that the collaboration of the social partners has not been secured in the organization and operation of employment services, as required by the Convention. The Committee therefore invites the Government to provide a report describing the measures adopted to ensure that the “general policy of the employment service” has been developed “after consultation” with the social partners (Article 5). The Committee requests the Government to provide information as a basis for assessing the effectiveness of the State Public Employment Service as well as the employment services offered by the autonomous communities and the manner in which the free public employment service has contributed to finding employment for young persons and for those who, as a result of the crisis, have been unemployed for many years.

[The Government is asked to reply in detail to the present comments in 2015.]