Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Spain (Ratification: 1973)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 2 and 7 August 2018, respectively. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), attached to the Government’s report. The Committee notes the Government’s replies to these observations.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the detailed information provided by the Government on the steps taken to improve the employment levels of the entire population, especially those groups who have more difficulty integrating into the labour market, and thus improve standards of living. However, the Committee notes that most of this information refers to measures to promote employment and vocational training, which will be examined in its comments on the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142). The Committee notes that, in its concluding observations of 25 April 2018, the United Nations Committee on Economic, Social and Cultural Rights (CESCR), noted with concern that, “for a country with the State party’s level of development, the percentage of the population at risk of poverty and social exclusion is high, particularly among certain groups, such as young people, women, the least educated and migrants.” (see E/C.12/ESP/CO/6, paragraph 33). The CESCR also expressed concern at the fact that this percentage is higher in certain autonomous communities and that children are most at risk of falling into poverty. In this context, the Committee notes that, in the framework of the “Europe 2020 Strategy”, Spain made a commitment to reduce by between 1,400,000 and 1,500,000 (from 2009 to 2019) the number of persons at risk of poverty and social exclusion and the proportional rate of child poverty, according to the AROPE indicator, which measures the number of persons at risk of poverty and/or social exclusion. The Committee notes that, according to a report published by the European Anti-Poverty and Social Exclusion Network in 2019 entitled “Follow-up on the poverty and social exclusion indicator in Spain 2008–2018”, the above mentioned objective is still far from being reached. This report indicates, on the basis of data from the National Institute of Statistics’ (INE) Survey of Living Conditions, that, in 2018, some 26.1 per cent of the Spanish population (12,188,288 persons) was at risk of poverty and social exclusion. The report also indicates that the AROPE rate varies considerably depending on various factors, such as age and sex. The Committee also notes that, according to the report, in 2018, one in three persons with disabilities was at risk of poverty or social exclusion. With regard to the child poverty rate, the report indicates that, in 2018, some 26.8 per cent were at risk of poverty and 7.7 per cent were living in extreme poverty. The report also indicates large disparities between regions, with the regions to the north of Madrid maintaining the lowest rates of poverty and/or social exclusion, while the southern regions have much higher rates (between four and 18 percentage points above the national average). Lastly, the Committee notes the UGT’s indication that the social partners do not participate in the formulation and implementation of the measures adopted by the Government with a view to improving the living standards of certain population groups. The Committee requests the Government to send detailed information on any measures adopted or envisaged to improve the standards of living of the Spanish population (Article 2), especially for vulnerable groups such as children, women, young persons, migrant workers, persons with disabilities, the poorly educated and older adults. In this regard, the Committee requests the Government to take the necessary steps to ensure that these measures take account of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). The Committee also requests the Government to provide detailed and updated information (disaggregated by sex, age and autonomous community) on the outcomes of these measures. Furthermore, the Committee encourages the Government to conduct a study into the living conditions of independent workers and wage earners, in coordination with the representative organizations of employers and workers (Article 5(1)).

Public Indicator of Multiple Purpose Income (IPREM). In its observations, the CCOO refers to the minimum amount of unemployment benefit, which is set at 80 per cent of the Public Indicator of Multiple Purpose Income (IPREM), established each year in the General Budget Act. In this respect, the CCOO reports that the IPREM has been repeatedly frozen in recent years, to the extent that it does not guarantee the maintenance of minimum standards of living. Specifically, the CCOO indicates that, from 2010 to 2018, the IPREM appreciated at a rate 6.3 percentage points lower than average inflation in Spain. The CCOO also indicates that, in 2018, the IPREM was €430 per month (€5,160 per year), which is below the threshold to be at risk of relative poverty (which was €8,522 per year in 2017). The CCOO reports that one of the reasons for the decrease in the value of the minimum unemployment benefit is the absence of a legal formula to calculate the IPREM that ensures the maintenance of purchasing power. In this respect, the Government indicates that, under section 2(2) of Royal Decree-Law No. 3/2004 of 25 June, the social partners are consulted regarding the amount of the IPREM before its approval. Observing that, since its approval in 2004, the amount of the Public Indicator of Multiple Purpose Income (IPREM) has remained stable despite the economic improvement in the country in recent years, the Committee encourages the Government to formulate a study, in collaboration with the social partners, regarding the amount of the IPREM, which must be set with a view to ensuring the maintenance of minimum standards of living for the beneficiaries of unemployment benefits (Article 5(1)). The Committee also requests the Government to provide a copy of the study once it is completed.

Part-time and fixed-term contract workers. The Committee notes that the CCOO reports serious shortcomings in the legal system in relation to minimum income guarantees for part-time workers. The CCOO indicates that, according to data published by the INE, the use of part-time contracts for men increased from 4.9 per cent in 2009 to 7.3 per cent in 2017, while for women it increased from 22.4 per cent to 24.2 per cent. The CCOO also indicates that, in 2017, the proportion of men working part-time involuntarily was 75.7 per cent and of women was 57.7 per cent, while the European Union average was 47.0 per cent for men and 24.1 per cent for women. The CCOO reports that most part-time workers have short-term contracts with significantly reduced working hours, which do not guarantee sufficient income and have serious consequences for the social security coverage of these workers, in violation of the provisions of Article 5 of the Convention. The CCOO alleges that, as a result, the percentage of the “working poor” in Spain is higher than the European average. Specifically, the CCOO indicates that the employed population at risk of relative poverty in Spain amounted to 12.3 per cent for woman and 13.7 per cent for men, while in the European Union these figures were 9.1 per cent and 10.1 per cent, respectively. The Committee also notes the CCOO’s allegations of the misuse of part-time contracts insofar as, in some cases, they are used with the principal objective of reducing business costs, mainly by reducing the wages received by workers and the social security costs associated with those wages. Furthermore, the CCOO indicates that, in 2015, the social security contribution rates for part-time fixed-term employment contracts were reduced, which helped to encourage their use, as it removed the burden borne by these contracts under the earlier legislation in comparison with other more stable forms of recruitment. In this context, the CCOO indicates that, between 2015 and 2016, the labour inspectorate conducted 20,039 labour inspections related to the misuse of part-time employment contracts, during which 3,025 violations were detected and 10,520 illegal part time employment contracts were identified. In this respect, the CCOO indicates that, given the high numbers of part-time contracts, this action is not sufficient and points out the absence of an effective plan of action to repress the fraudulent use of part-time contracts. In its reply, the Government refers to several provisions of the legal system that aim to ensure that part-time workers have the same rights as full-time workers (such as section 12(4)(d) of the Workers’ Statute) and full-time contracts are converted to part-time contracts only with the consent of the worker (section 12(4)(e) of the Workers’ Statute). The Government reports the approval of the “Master Plan for Decent Work 2018–2020”, which includes a plan to combat fraud in short-term employment and a plan to combat the misuse of part-time employment. Lastly, the CCOO indicates that, before 2012, all workers without distinction had access to an unemployment benefit with a minimum value of 80 per cent of the IPREM. However, the CCOO alleges that, from 2012, the guaranteed minimum amount of these benefits for part-time workers was reduced in proportion to their hours worked, further reducing the income of these workers. Noting the large numbers of short-term and part-time workers, as well as their high poverty rates, the Committee requests the Government to adopt the necessary measures with a view to ensuring the maintenance of minimum standards of living for these workers. The Committee also requests the Government to send detailed and updated information on the impact of the measures adopted or envisaged to end the misuse of short-term and/or part-time contracts, including those implemented by the labour inspectorate as part of the plans to combat fraud in short-term employment and the misuse of part-time employment.

Migrant workers. In its observations, the UGT reports that the living standards of foreign nationals were not included in the standards, plans and measures adopted by the Government between 2013 and 2018. The UGT refers to, inter alia, the failure to include this group in the measures implemented as part of the Spanish Employment Activation Strategy (EEAE) and the various annual employment policy plans (PAPE) adopted during the above mentioned period. In this regard, the UGT indicates that, according to the INE Survey of Living Conditions, in 2017, the at-risk-of-poverty rate was 18 per cent among nationals, 39.2 per cent among foreign nationals from European Union member countries and 52.1 per cent among foreign nationals from non-European Union countries. In this regard, the Government indicates in its reply that foreign national workers who are in a regular situation and have a work permit can access the same programmes and measures as national workers. The Government also refers to the labour inspections carried out in the context of the “campaign on the discriminatory working conditions of migrant workers”, with a view to identifying possible discrimination against foreign national workers in enterprises. Lastly, the Committee notes that the UGT reiterates its concern regarding the impact on the application of Article 2 of the Convention of the measures adopted by the Government since March 2012 on healthcare for the foreign national population. In its concluding observations of 25 April 2018, the CESCR expressed its concern at the regressive effect on the right to health of Royal Decree-Law No. 16/2012 of 20 April 2012 on urgent measures to guarantee the sustainability of the national health system, which limits the access of irregular migrants to health-care services and has led to a decrease in the quality of such services and to an increase in the disparities between the autonomous communities. The CESCR also expressed concern at the fact that no comprehensive impact assessment has been carried out with regard to this law and that the law is not considered to be temporary (see E/C.12/ESP/CO/6, paragraph 41). The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to improving migrant workers’ standards of living and their impact. In this respect, the Committee requests the Government to take the necessary steps to ensure that these measures take account of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)).