Human Resources Development Convention, 1975 (No. 142) - Spain (Ratification: 1977)

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

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 2 and 7 of August 2018, respectively. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), integrated into the Government’s report. The Committee further notes the Government’s replies to the previous observations, included in its report.

Articles 1–5 of the Convention. Education and training policies and programmes. The Committee notes the detailed information provided by the Government in its report in relation to the applicable legislation and the implementation in practice of in-work vocational training for employment and training provided by the education system, as well as the various professional guidance services available. The Government refers, inter alia, to Act No. 30/2015, of 9 September 2015, regulating the new model for the in-work vocational training system for employment. In this regard, the Committee refers to its comments on the application of Employment Policy Convention, 1964 (No. 122), in which it notes the changes introduced following the reform of the vocational training system. The CEOE observes that this reform was carried out without the agreement of the social partners, the role of whom is limited under the new model. The CEOE adds that, since the entry into force of the new law, there has been a 22 per cent decrease in the number of enterprises (the majority of which have fewer than ten employees) using their funds for vocational training. In this regard, the CCOO indicates that the reforms to education and training, along with budget cuts, have led to growing inequality in access to training, which is reflected in increased private expenditure per worker (in 2017 it was 9 per cent higher than the previous year) and lower training participation rates, which fell from 11.4 per cent in 2013 to 9.9 per cent in 2017. The Committee also notes the indication of the CEOE that there are significant educational inequalities in the Spanish population. Firstly, there is a gap between training policies and the needs of the labour market. Secondly, education is characterized by a high degree of polarization linked to young Spaniards’ reduced interest in technical and vocational training (only 12 per cent of students enrol in vocational training). The CEOE indicates that this results in a lack of technical profiles in the labour market. In turn, this situation leads to university graduates accepting jobs for which they are overqualified, leading to frustration in the workplace in the medium term. The CEOE also indicates that the current process of reviewing vocational certifications is excessively rigid and lengthy, to the extent that when training for a particular job is finalized it may no longer meet the needs of the labour market. For this reason, the CEOE maintains that it is necessary to foster the participation of enterprises in training and develop a comprehensive and flexible offer with the aim of guaranteeing that it meets the requirements of the labour market. There is also a need to reduce early school leaving rates and improve levels of education. With regard to early school leaving rates, the Committee notes that according to the 2018 report on Spain produced by the European Commission in the context of the European Semester (SWD (2018) 207 final), although the early school leaving rate fell from 23.6 per cent in 2013 to 18.3 per cent in 2017, it is still around 8 percentage points above the European Union average. In 2016, this rate was 38.1 per cent for third-country nationals and 39 per cent for persons with disabilities, the latter being one of the highest rates in the European Union. The Committee requests the Government to continue providing detailed and updated information on the measures adopted or envisaged, in collaboration with the social partners, to improve qualification levels and coordinate education and training policies with possible employment opportunities. The Committee also requests the Government to provide information on the measures adopted or envisaged, in collaboration with the social partners, to extend vocational training systems, including vocational certification processes, so that they cover branches of economic activity that they do not currently cover and to ensure that these systems are adapted to the changing needs of people throughout their lives, as well as to the current and anticipated demands of the economy and the different branches of economic activity.

Dual vocational training. The Government reports that, pursuant to Royal Decree No. 1529/2012, of 8 November 2012, a contract for training and apprenticeship was developed and the foundations were laid for dual vocational training. Dual vocational training aims to promote the labour market integration and training of young people through a system that alternates remunerated work in an enterprise with training activities provided by the system of vocational training for employment or the education system. The Government reports the implementation of several measures aiming to incentivize the conclusion of contracts for training and apprenticeship in the context of dual vocational training. The Government refers, among other measures, to incentives such as the introduction of reductions to social security contributions (and allowances when the workers hired are young people registered with the national Youth Guarantee system) of 100 per cent for enterprises with fewer than 250 employees and 75 per cent for other enterprises for hiring workers with training and apprenticeship contracts, as well as in the event that these contracts are converted into open-ended contracts. Furthermore, the State Public Employment Service (SEPE) has developed a computer application with a view to facilitating the processes of registration, control and monitoring of training activities and the allowances for contracts for training and apprenticeship. The Committee observes, however, a significant decrease in the number of contracts concluded for training and apprenticeship as, according to statistical information provided by the Government, between 2014 and 2015, 276,464 contracts were concluded, while between 2016 and 2017, only 64,594 of such contracts were concluded. In this regard, the UGT refers to reports of the Economic and Social Council noting the shortcomings in the dual vocational training system, such as a lack of coordination between the measures implemented by the Autonomous Communities, the limited information available and doubts about the dual training dimension in the training projects undertaken. In this respect, the CEOE observes that the lack of consistency in the implementation of dual training by the Autonomous Communities is due to the shortcomings of Royal Decree No. 1529/2012, of 8 November, which have resulted in the Autonomous Communities regulating aspects not covered by the Royal Decree. The Committee requests the Government to continue providing detailed and updated information on any measures adopted or envisaged, in collaboration with the social partners, with a view to encouraging participation in dual vocational training and to address the shortcomings in this type of training, as well as the impact of such measures on full, productive and sustainable employment for young people.

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

1. The Committee notes the communication from the General Union of Workers (UGT), which was forwarded to the Government in December 2003. The UGT indicates that the Government is not paying sufficient attention to vocational guidance and training. In the view of the UGT, the educational system does not guarantee an adequate level of basic training for young persons compared to the educational levels of other countries in the European Union. Many measures are taken to promote recruitment, but very few unemployed persons take part in training measures. The services of the National Employment Institute lack effective resources to carry out real vocational guidance and training measures commensurate with the social and labour situation in Spain. The UGT points out that it has called for the resources devoted to active employment policy and training measures to be doubled so as to attain the average level of European effort devoted to programmes of employment promotion, vocational training, the hiring of the unemployed and the improvement of occupational situations.

2. The UGT emphasizes that immigrants are particularly affected by the situation. It states that it has requested the creation of specific departments for inter-cultural education and the removal of centres with a high concentration of immigrant students, to be replaced by the development of programmes emphasizing basic learning by students with difficulties.

3. The UGT also emphasizes that for the past eight years social dialogue between the social partners has been consolidated concerning continuing vocational training, which has been positive for enterprises and workers, who are in agreement that the process should be continued. The number of workers covered by the various training measures in the context of training agreements has risen from 294,000 in 1993 to over 1,450,000 in 2000.

4. Taking into account the comments of the UGT and the fact that it will also be examining the Employment Policy Convention, 1964 (No. 122), at its session in 2005, the Committee asks the Government to provide a report including up-to-date information on the manner in which it is ensured that vocational guidance and training systems cover the continuing learning and vocational training needs of persons with specific needs and in all sectors of the economy. In this respect, the Government may consider it useful to refer to the provisions of Human Resources Development Recommendation, 2004 (No. 195).

[The Government is asked to reply in detail to these comments in 2005.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the full and detailed information provided by the Government in its report for the period ending June 1998. The Committee notes in particular that the reforms which were adopted during the period covered by the Government's report, were elaborated as a consequence of the agreements concluded between the employers' and workers' organizations in December 1992 and December 1996. The Committee notes that the principal objectives of the National Vocational Training Programme for 1998-2002, approved by the Government upon recommendation of the General Council for Vocational Training, include the improved integration of the initial and continued training systems, in particular, by developing a national system of qualifications and establishing closer links between training and active employment policies. The Committee notes with satisfaction that the human resource development policy is in full conformity with the requirements of the Convention, not only in its principles and objectives but also in its formulation and implementation. The Committee requests the Government to continue to provide detailed information in its next report in respect of the application of this policy, at both the national and provincial levels.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the Government's detailed report which provides full information in reply to its previous direct request and, more generally, on policies and programmes for human resources development and particularly on how they are linked to employment. It notes in particular that, in the context of the National Plan for Vocational Training and Integration (FIP), priority is given to programmes for categories of the population that have particular difficulties in entering the labour market, and the continuing training measures for workers who are employed. Please continue to provide information on these questions taking account, in particular, of the Committee's comments on the application of Conventions Nos. 122 and 140.

The Committee would be grateful if the Government would provide information in its next report on the activities of the General Council for Vocational Training and the provincial committees for the follow-up of vocational training, and on any other measure giving effect to Article 5 of the Convention.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. With reference to its 1985 direct request, the Committee takes note with interest of the detailed information submitted by the Government in its report on the application of Articles 1, 2 and 3 of the Convention. In this connection, the Committee requests the Government to supply, if available, with its future reports, extracts of the results of the surveys mentioned in its last report, conducted by the General Directorate of Employment of the Ministry of Labour and Social Security, and information on the measures adopted or contemplated concerning the results of these surveys, so that it can ascertain whether the Covention is being applied in practice.

2. With reference to its 1987 direct request, the Committee takes note of the information supplied by the Government concerning the comments submitted by the Co-ordinating Committee of Psychologists, Medical Physiologists and Social Workers in the Public Service.