Equal Remuneration Convention, 1951 (No. 100) - Spain (Ratification: 1967)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), of the General Union of Workers (UGT) and of the Spanish Confederation of Employers’ Organizations (CEOE), communicated with the Government’s report. The Committee also notes the Government’s corresponding response.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with interest the information in the Government’s report regarding the adoption of Royal Decree-law No. 6/2019 of 1 March, on urgent measures to ensure equality of treatment between women and men in employment and occupation, which amends section 28 of the Workers’ Statute, establishing that there is work of equal value “when the nature of the functions or tasks actually performed, the educational, occupational or training conditions required to undertake them, the factors strictly related to their performance and the terms and conditions of employment under which they are carried out are effectively equivalent”. The Committee also observes, according to the Government’s report, that section 4 of Royal Decree No. 902/2020 of 13 October, on equal pay for women and men, develops this concept and defines the meaning of “nature of the functions or tasks”, “educational conditions”, “occupational and training conditions” and “terms and conditions of employment” and “factors strictly related to the performance of the work”. The Committee requests the Government to provide information on the application in practice of the concept of “work of equal value” defined in section 28 of the Workers’ Statute, as amended by Royal Decree-law No. 6/2019 and Royal Decree No. 902/2020.

Articles 1 and 2. Measures to address the gender wage gap and promote equal remuneration. Instruments for transparency in remuneration. Developments in legislation. In its previous comments, the Committee asked the Government to continue its efforts to reduce the gender wage gap, in collaboration with employers’ and workers’ organizations, and to monitor the impact of the measures adopted. The Committee notes with interest that the Government indicates the adoption, under Royal Decree-law No. 6/2019, of various measures for transparency in remuneration. Firstly, the Committee notes the obligation, under section 28 of the Workers’ Statute, for any enterprise to maintain a record of wages to which the workers’ representatives have right of access. In accordance with Royal Decree No. 902/2020, the record shall contain the average amounts of the wages, supplementary allowances and benefits of the staff (including management and senior management) disaggregated by sex, the arithmetic average and the median of what is actually received for each of those segments in each occupational group, category, level, post or any other classification system. In this connection, the Committee notes the Government’s indication with regard to the guidance material produced by the Institute of Women (IMs) and the creation of a wage record tool, following an agreement reached in collaboration with the employers’ and workers’ organizations in 2021, to help enterprises create their wage records, as well as the CEOE’s observations, according to which this tool will allow comparison between and grouping of reduced-time or part-time posts. The Committee also takes note of the Government’s clarification, in response to the CEOE observations, that the wage record tool does not replace the self-diagnosis tool for the gender wage gap (created in 2016), which is still active and allows objective and gender-sensitive measurement of wages.

The Government also indicates that enterprises of more than 50 workers are now obliged to adopt and register an equality plan. In this regard, the Committee refers to its comments formulated in respect of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and notes that the prior negotiated analysis to elaborate the equality plan must take occupational classification systems, remuneration, the under-representation of women, and a pay audit into consideration. Moreover, under Royal Decree No. 902/2020, the pay audit shall include an analysis of the remuneration situation of the enterprise, including an evaluation of the work posts and factors resulting in the wage gap, as well as a corrective action plan. The Committee notes, in addition to the observations of the CCOO, that the Government reports that a technical guide will be elaborated, in collaboration with the social partners, on conducting pay audits that include a gender perspective. The Committee also notes that the UGT states, in its observations, that violations of non-compliance with these new measures should be more precise, and more heavily penalized, with both absence of information and the provision of incorrect information on wages specifically classified as very serious offences in application of Royal Decree No. 902/2020. The Government maintains that appropriate offences are provided for in this regard, as comprehensive wording, covering all non-compliance with the law, has been included, adding that a general increase in the amounts of the penalties will come into force in 2021. The Committee requests the Government to provide information on the implementation, in practice, of the instruments for transparency in respect of remuneration, as well as any difficulties encountered in applying these tools, and the results obtained through their application, and in particular: (i) information on good practices identified through the wage records and pay audits; (ii) information on the number of violations identified in respect of the obligations regarding the wage records and the pay audit; and (iii) information on the assistance and guidance activities carried out to implement the instruments for transparency in respect of remuneration, indicating the numbers of beneficiaries.

Public sector. The Committee notes the UGT’s indication that Royal Decree No. 901/2020 and Royal Decree No. 902/2020 do not apply to civil servants in public administration, pointing out that there is no obligation to maintain records of wages, carry out pay audits and register formulated equality plans. In this regard, the Government clarifies that the amendments to Royal Decree-law No. 6/2019 (and consequently, Royal Decrees Nos. 901/2020 and 902/2020) refer to sections 45 and 46 of Basic Act No. 3/2007, of 22 March, on effective equality for women and men, which concern obligations for enterprises. However, the Government indicates that section 64 of that Act sets out the obligation to establish an equality plan with regard to the General State Administration (AGE), and that the III Plan for Gender Equality in the AGE and in connected or dependent public bodies was adopted in 2020. The Committee notes that Part 3 of the Plan refers to terms and conditions of employment and career development, and provides measures for equal remuneration for women and men, including the analysis of the gender wage gap in the AGE and the development of a plan of action to eliminate the gap through methodologies that take Royal Decree No. 902/2020 as a model. In its 2012 General Survey on fundamental Conventions, paragraphs 670 and 671, the Committee indicates that Member States bound by the Convention cannot be passive in their approach to implementing the Convention and are obliged to ensure the application of the principle where the State is the employer or otherwise controls business, or where the State is in a position to intervene in the wage-fixing process. The Committee requests the Government to provide detailed information on the measures adopted to apply the principle of the Convention in the different areas of public administration, including measures adopted under the AGE III Plan for Gender Equality 2020, specifying the concept of “work of equal value”, the mechanisms employed and results obtained.

Measures to address the underlying causes of the gender wage gap. In its earlier comments, the Committee requested the Government to continue providing information on all measures adopted to address the underlying causes of the wage gap and to provide statistical information disaggregated by sex on the participation of men and women in the labour market, in education and vocational training. With regard to occupational segregation, the Committee notes the information provided by the Government to the effect that there are sectors with a higher participation of women workers (office and administration, catering, protection, retail and personal services, and domestic work), sectors with a higher participation of men workers (industry and construction, the military), and sectors in which a slow increase in women’s participation can be observed (technical, scientific and intellectual occupations, leadership and management positions). The Committee also observes, according to the statistics provided by the Government, that women’s wages represent 88.55 per cent of men’s wages in the services sector; 84 per cent in technical, scientific and intellectual occupations; 80.3 per cent in office work involving contact with the public; 83.8 per cent in office work not involving contact with the public; and 82.52 per cent in the restaurant and retail sector. The Committee also notes that the CCOO indicates that despite the 2019 Wage Structure Survey showing a reduction in the wage gap, the economic gender gap continues to grow, as the reduction referred to is due largely to the increase in the minimum interprofessional wage, and women form the majority of those receiving the lowest wages. The CCOO also mentions that the sectors employing most women, such as hotels and services, present the lowest annual wages. In this regard, the Committee notes that, under Royal Decree-law No. 6/2019 and Royal Decree No. 901/2020, the prior negotiated analysis for the equality plans must take the distribution of staff, vertical and horizontal segregation into consideration, while the equality plan’s statistics sheet should answer questions on ways to address such segregation, the objective of equal participation at all levels of the enterprise, the implementation of systems to promote occupational goals, prioritizing women’s access to work primarily performed by men and promoting women’s presence in management and leadership positions. The Government also refers to Act No. 11/2018, of 28 December, amending the Commercial Code, the consolidated text of the Corporate Enterprises Act approved by Royal Legislative Decree No. 1/2010, of 2 July, and Act No. 22/2015, of 20 July, on accounts auditing in respect of non-financial information and diversity, under which executive boards of enterprises must ensure that their membership selection processes facilitate a balanced participation of women and men. The Committee also takes note of various elements of information provided by the government on training and awareness-raising measures, including the “Proyecto Progresa” project, launched in 2019 with the CEOE, to promote women with talent in organizations including, for example: (1) the initiation in 2018 of workshops on identifying and evaluating unconscious gender bias, as part of the “More Women, Better Enterprises” project; (2) the TALENTIA 360 programme, which aims at empowering women to take management positions and, since 2018, includes action specifically concerning the armed forces; (3) programmes to promote women and girls in science, technology, engineering and mathematics (STEM), such as “I want to be an engineer 2018-2020” (“Quiero ser ingeniera”), “Now you – 2018–2020” (“Ahora tú”) and INNOVATIA 8.3; and (4) the Guide of good practices for attracting and retaining talent and career progression with a gender perspective 2020.

Regarding the modalities and systems of working time and social protection, the Committee observes from the statistics provided by the Government, that women represent 74 per cent of part-time workers and only 41 per cent of full-time workers ant that, according to the CCOO, the average wage for full-time work is 16.58 euros per hour, while for part-time work it is 11.71 euros per hour. The Committee notes the Government’s indication that Royal Decree No. 902/2020 applies to workers in part-time work, and that Royal Decree No. 28/2020, of 22 September, on remote work, provides for remote workers’ entitlement to the same remuneration and wage supplements as on-site workers for work of equal value. The Government also refers to the decision of the Constitutional Court of 3 July 2019, ruling that any additional reduction to the regulatory base applied to part-time workers, resulting in a reduction in the effective number of days contributed, is unconstitutional, since it would predominantly affect women workers and constitute indirect discrimination. The Committee also notes that the Government refers to the amendment of the Basic Statute of Public Employment, enacted under Royal Decree-law No. 6/2019, which grants civil servants the right to retain their entire remuneration if their working day is reduced due to violence, and also to the Agreement of the Sectoral Conference of the Public Administration of 22 October 2018 to promote inter-administrative mobility for public servants that are victims of gender-based violence, which provides that the woman worker requesting such mobility does not incur a loss of remuneration. Lastly, the Committee also refers to its comments formulated in respect of the Workers with Family Responsibilities Convention, 1981 (No. 156), concerning the adoption of the supplement introduced to reduce the gender wage gap in pensions. The Committee requests the Government to provide information on progress made in addressing vertical and horizontal occupational segregation on the grounds of gender, and to continue providing information disaggregated by sex, sector, occupation and form of work on the participation of men and women in the labour market. The Committee also requests the Government to provide information on the measures adopted to facilitate women’s access to full-time work for those women who so wish, and for the application, in practice, of the principle of equal remuneration for women workers in part-time or remote work.

Article 3. Objective job evaluation. The Committee observes that the remuneration audit required under Royal Decree-law No. 6/2019 and Royal Decree No. 902/2020 in enterprises of over 50 women workers must include an analysis with a pay audit that comprises a job evaluation. The Committee takes note that, according to section 4 of the same Royal Decree, a correct evaluation of jobs requires the application of suitability criteria (relevant factors are those related to and actually performed in the activity), completeness (account must be taken of all the conditions that individualize the job, ignoring and undervaluing none), and objectivity (existence of clear mechanisms to identify the factors taken into consideration when fixing wages, which are not influenced by social factors or values that reflect gender stereotypes). Thus, the Government indicates that the Gender-sensitive System for Evaluation of Jobs (SVPT), which enabled enterprises to create their own system of job evaluation, will be replaced under the first final provision of Royal Decree No. 902/2020, by a new evaluation procedure, which should be adopted within six months of the entry into force of the Decree. The Committee also observes that Royal Decree-law No. 6/2019 amends section 22.3 of the Workers’ Statute, requiring that classification systems in collective agreements and the definition of professional groups comply with criteria and systems that aim to eliminate gender discrimination. Royal Decree No. 902/2020 provides that collective agreement negotiations shall ensure that the factors and conditions of each occupational group and level respect the criteria of suitability, completeness and objectivity. The Committee requests the Government to provide information on progress in adopting the new job evaluation procedure. The Committee also requests the Government to provide information on collective agreements that include systems to classify and define occupational groups, in compliance with Royal Decree-law No. 6/2019.

Enforcement. Labour inspection. In its previous comments, the Committee requested the Government to provide information on the measures adopted and the investigations carried out by the Labour Inspectorate, and on specific measures undertaken to improve enforcement of national laws related to the Convention. The Committee observes that the Government refers to certain measures provided under the Decent Work Strategy 2018–2019–2020 for the labour inspectorate, including the use of database cross referencing, by means of the Anti-Fraud Tool, with a view to detecting occurrences of wage discrimination. In this regard, the Committee notes the Government’s indication that as a result of the use of this tool, action taken under the inspection campaign on wage discrimination on grounds of sex increased in 2019 and 2020. The Committee thus observes that 980 inspections were conducted, with 24 violations detected in 2019, and 830 inspections were conducted, with 26 violations detected in 2020. The Committee notes that the Government provides data on action by the labour inspectorate undertaken as part of its general activities, although these do not disaggregate cases specifically concerning wage discrimination. The Committee further notes that the Government provides information on various court rulings concerning the application of the principle of the Convention. In respect of this aspect of inspection activity, the Committee also refers to its comments formulated regarding the application of the Convention on Discrimination (Employment and Occupation), 1958 (No. 111). The Committee requests the Government to continue providing information on the measures adopted and the investigations conducted by the labour inspectorate, both within the framework of specific campaigns and in the course of their general activities, and on all legal or administrative rulings related to cases of wage discrimination on the grounds of sex, as well as the penalties imposed and compensation granted.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 11 August 2017, and of the General Union of Workers (UGT), received on 17 August 2017, both also transmitted by the Government, and the Government’s responses. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2017, which support and endorse the observations of the Spanish Confederation of Employers’ Organizations (CEOE), communicated by the Government, and the Government’s corresponding response.

Articles 1 and 2 of the Convention. Gender wage gap. In its previous observation, the Committee requested the Government to take specific measures for the adoption of effective action to address the gender wage gap, and also to take measures in the area of education and vocational training to address the significant occupational segregation and to enable women to have greater access to non-traditional careers and positions of responsibility, and to provide information on this subject. The Committee notes that the Government’s report contains information on the various measures adopted to promote the principle of the Convention in enterprises, including information on the implementation of the “Equality in the Enterprise” label, subsidies for the development and implementation of equality plans in enterprises, and the advisory services, awareness-raising training and citizens’ information for the development of equality plans managed by the Women’s Institute for Equality of Opportunities which, among other measures, makes available to enterprises self-diagnosis tools for the gender wage gap and for the assessment of jobs from a gender perspective. The Committee also notes the collaboration agreement between the Ministry of Employment and Social Security and the Ministry of Health, Social Services and Equality for permanent monitoring in enterprises of effective equality between men and women and the results of the campaigns on gender-based wage discrimination. With regard to vertical occupational segregation, the Committee notes the extensive information provided by the Government on the various programmes undertaken in collaboration with enterprises with a view to promoting the access of women to decision-making positions, including the More Women, Better Enterprises (Más Mujeres, Mejores Empresas) programme, the Promotion Project, the Programme for the Development of Women Directors and the Women’s Entrepreneurship and Leadership Development Project in decision-making bodies in enterprises in the agro-food sector. With regard to horizontal segregation, the Government indicates that, in recent years, significant progress has been made in equality in education and training, but that important objectives still need to be addressed, especially in the fields of sciences, technology, engineering and mathematics. With a view to eliminating the “scientific gap”, the Government refers to the Digital Agenda for Spain 2013 and the Plan for Equality of Opportunities for Women and Men in the Information Society 2014–17, in the context of which awareness-raising and training campaigns have been undertaken to promote the capacities of women in information and communication technologies, together with action to promote and support women’s entrepreneurship through these technologies.

On the other hand, the Committee notes the Annual Wage Structure Survey published in 2018, according to which: (i) the annual wage of women in 2016 represented 77.7 per cent of that of men; (ii) the economic activities with the best annual wages were found in electrical energy, gas, steam and air conditioning, financing and insurance, information and communications, while the lowest annual salaries were in catering and other services; and (iii) with regard to wages by occupation, the lowest paid occupations were occupied by unskilled workers in services (with the exception of transport), workers in the catering services and commerce, and workers in health and personal care services, where the average wages were all below the national average. In this regard, the Committee also notes the report “The situation of women on the labour market 2017”, available on the website of the Ministry of Employment and Social Security, according to which almost 89 per cent of women in employment are engaged in the services sector.

The Committee notes that, according to the UGT, the measures adopted by the Government are ineffective and inadequate to achieve wage equality between men and women. The UGT indicates that it has communicated to the Government the need to develop and adopt legislation on gender wage equality in order to make progress. It adds that, in the current context of a more precarious labour market, enterprise equality plans are not effective in achieving wage equality between men and women workers, very few plans are negotiated in practice with workers’ representatives and almost none of them contain measures to achieve wage equality. The Committee further notes the indication by the CCOO that the measures to which the Government refers, such as More Women, Better Enterprises, the Promotion Project, the Programme for the Development of Women Directors, are intended for women who are in managerial positions or on executive boards, and it is necessary to take measures which are also intended for women at lower wage levels. In this regard, the CCOO indicates that women represent 70 per cent of the employed population with incomes below the minimum wage (SMI). The Committee also notes the observations of the CEOE, which update the Government’s report on various points, and particularly on the implementation of the Promotion Project.

The Committee notes the Government’s reply to the observations made by the UGT and the CCOO, in which it: (i) indicates that the underlying causes of the gender wage gap are numerous and complex; (ii) indicates that the development of new measures is being examined to address wage inequality based on certain projects undertaken in 2014 and 2015 in collaboration with universities, trade unions and employers’ organizations; (iii) recalls that enterprises with over 250 workers are required by law to negotiate and implement an equality plan and that enterprises which voluntarily implement equality plans have to ensure the participation of the legal representatives of the staff in their preparation and implementation; (iv) emphasizes that the conditions for the subsidies for equality plans referred to above provide that the plans to be financed shall promote specific measures in a series of areas, including access to employment and conditions of work, intended to combat horizontal and vertical gender segregation and achieve equal remuneration, and recalls the diagnostic tools for the wage gap and other instruments made available in enterprises; (v) reiterates that Spanish labour legislation already sets out and guarantees equality in employment, including in relation to remuneration, in full recognition of the principle of the Convention; (vi) adds that Act 3 of 2012 on urgent measures for labour market reform removed occupational categories from the system of the occupational classification of workers on the grounds that in many cases the categories were indirectly responsible for wage discrimination against women, and provided that the definition of occupational groups shall be adjusted to criteria and systems which have the objective of ensuring the absence of direct and indirect discrimination between men and women (section 22(3)); and (vii) recognizes that the wage gap continues to be a serious problem which requires the adoption of additional measures for its reduction and emphasizes the importance of collective bargaining for this purpose. The Committee requests the Government to continue its efforts to reduce the gender wage gap, in collaboration with workers’ and employers’ organizations, and to monitor the impact of the measures adopted with a view to identifying and adopting the necessary adjustments. The Committee also requests the Government to: (i) continue providing information on the measures adopted or envisaged, including any measure to promote and provide training on the principle of the Convention and on the self-diagnosis tool for the gender wage gap and for the evaluation of jobs from a gender perspective made available to enterprises by the Women’s Institute for Equality of Opportunities; and (ii) to provide information on any measures adopted to address the underlying causes of the wage gap. Please also provide statistical information disaggregated by sex on the participation of men and women in the labour market (with an indication of the sectors in which they are engaged and their wage levels), in education and vocational training.

Labour inspection. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted and the investigations carried out by the labour inspection services, particularly on the action taken under Instruction No. 3/2011 on the monitoring in enterprises of effective equality between men and women. The Committee notes the information provided by the Government on the results of the specific campaigns undertaken by the labour inspection services on gender wage discrimination in 2014, 2015 and 2016 in 446, 414 and 408 enterprises, respectively, throughout the country. The Committee notes that in 2014 gender wage discrimination was detected in four enterprises, as well as the same number of enterprises in 2015 and two enterprises in 2016. The Committee also notes that, according to the CCOO, the action taken by the labour inspection services is inadequate and, although the tool to detect the existence of wage gaps marks progress, there is no record of the number of enterprises which have used it and whether, in the event that a wage gap is detected, it has been corrected. The Committee notes that, in its response to the observations of the CCOO, the Government indicates that a central feature of the action taken by the labour inspection services is that concerning the application of the principle of the Convention which goes beyond the specific campaigns, and which supplements but does not account for the totality of the activities undertaken by the labour inspection system in relation to wage equality for men and women. The Government adds data on the activities of the labour inspection services undertaken in relation to gender equality. The Committee requests the Government to continue providing information on the measures adopted and the investigations carried out by the labour inspection services in relation to equal remuneration for men and women for work of equal value. Recalling the persistence of a substantial gender wage gap and the fact that 89 per cent of women in employment are in the low-wage services sector, the Committee requests the Government to indicate specific measures undertaken or contemplated by labour inspection services to improve enforcement of national laws related to effective implementation of the Convention.

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

The Committee notes the observations submitted by the Trade Union Confederation of Workers’ Commissions (CCOO), received 12 and 29 August 2014, and also forwarded by the Government. The Committee also notes the observations sent by the General Union of Workers (UGT), received on 29 August 2014. The Committee notes the Government’s reply to these observations, received on 25 November 2014, which will be examined in due course.

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes that both the UGT and the CCOO refer to an increase in the wage gap and to the ineffectiveness of measures adopted to overcome this. They indicate that the measures adopted by the Government to cope with the crisis have resulted in an increase in unemployment, part-time work and the concentration of women in low-paid jobs. The UGT indicates that the wage gap is much wider in areas such as the hotel sector and in occupations requiring high academic qualifications. The CCOO refers to the flexibility imposed by Act No. 3/2012 of 6 July 2012 reforming the labour market, which has resulted in discrimination against women; for instance, there has been a decline in assistance provided to enterprises employing women upon their return from maternity leave, and part-time work and domestic work is becoming precarious. In this respect, the Committee notes that, according to the Government, the adoption of Act No. 3/2012 has led to an increase in the assistance provided to enterprises recruiting women, the abolition of sexist naming of occupational groups, the modification of nursing leave to benefit both men and women and greater flexibility in part-time work and teleworking.

The Government acknowledges that the wage gap in hourly pay was reduced between 2002 and 2010, but that since then it has increased from 16.2 per cent in 2010 to 17.8 per cent in 2012. The Committee further notes that, according to a survey carried out in the context of the Strategic Plan for Equality of Opportunity (PEIO) (2014–16), 73.26 per cent of part-time workers are women and that their annual income was, for the previous period (2008–11), 22.99 per cent lower than that of men. The employment rates for women are also considerably lower than those of men, and there is a marked segregation in the areas of education and work. The horizontal and vertical segregation in the labour market is demonstrated by the feminization of sectors such as education (67 per cent women), health and social services (77 per cent women) and domestic work (88 per cent), while the construction, transport and agricultural sectors employ more than 77 per cent of men. Women are also more highly represented in less-skilled occupations and only 3.2 per cent hold positions of responsibility. With regard to segregation in education, women enrol mainly in health and education and are less represented in architectural and engineering studies, for example. In this respect, the Government adds that the first priority of the PEIO 2014–16 is to combat wage discrimination and monitoring compliance with standards relating to wage equality. The Committee notes, however, that the Government has provided very little information on the adoption of specific measures to address the wage gap and the marked discrepancy between men and women in education and employment. The Committee recalls that wage differentials remain one of the most persistent forms of inequality between men and women and that more proactive measures must be taken to raise awareness of, evaluate, promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take specific measures, including in the framework of the PEIO 2014–16, to take effective action to address the gender wage gap. The Committee also asks the Government to take measures in the area of education and vocational training to address the significant occupational segregation and to enable women to have greater access to non-traditional careers and positions of responsibility. The Committee asks the Government to provide information on this matter, including data disaggregated by sex on the participation of men and women in the labour market (indicating the occupational sectors and level of income), as well as information on education and vocational training.

Labour inspection. The Committee notes that, according to the UGT, the action taken by the labour inspectorate to address the wage gap is inadequate. The Committee notes the Government’s indication that the labour inspectorate carries out regular campaigns against wage discrimination and refers to the results achieved between 2010 and 2013. The Government refers to the adoption of Instruction No. 3/2011 on the monitoring of effective equality between men and women in enterprises, under which the monitoring of discrimination is a permanent function of the labour inspectorate. The Committee asks the Government to continue providing information on the measures taken and investigations carried out by the labour inspectorate, particularly concerning actions under Instruction No. 3/2011.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 3 of the Convention. Measures to address the gender wage gap. The Committee notes the approval of the Strategic Plan for Equal Opportunities (2008–11), in which provision is made to examine the causes of the wage gap and which lays down specific measures to overcome it. With a view to fulfilling that objective, two protocols have been signed between the Ministry of Equality and the Ministry of Labour and Immigration: a protocol for monitoring fraud in the award of temporary contracts and the misuse of part-time contracts in sectors where women are overrepresented, and a protocol of cooperation with the Directorate-General of Labour Inspection for monitoring situations involving wage discrimination and reducing the wage gap. Under the latter protocol, the labour inspectorate has carried out controls, referred to below, the results of which will be communicated to the Ministry for Equality, which will analyse the existing wage gap and the sectors in which this is most pronounced. The Ministry for Equality and the Autonomous Communities has awarded grants to small and medium-sized enterprises for use in the formulation and implementation of equality plans. The Committee also notes the adoption of Royal Decree No. 713/2010 of 28 May 2010, which establishes the obligation to provide information, whenever a new collective agreement is signed, on the pay structure and measures adopted to promote equality with regard to wages. A further development has been the introduction of the “badge of equality” (Royal Decree No. 1615/2009), which recognizes and promotes measures for achieving equality adopted by enterprises and which, in order to be awarded, takes account of gender balance in decision-making posts, in access to posts of responsibility, adoption of equality plans, disaggregation by sex of data relating to pay and the application of systems and criteria relating to occupational classification and pay which enable situations involving discrimination to be eliminated or prevented. A total of 602 enterprises have applied to be awarded the badge, which may be used for commercial and advertising purposes. The Government states that in 2008 women were paid on average 84 per cent of the wage paid to men. This wage gap of 16 per cent was established on the basis of data published in the wage structure survey conducted by the National Institute of Statistics. While noting the measures taken by the Government to promote gender equality in pay, the Committee requests the Government to continue to supply information on the impact of these measures and on the methods used to measure the gender wage gap.

Article 4. Social partners. The Committee notes that in 2008 the Spanish Confederation of Employers’ Organizations (CEOE), the Spanish Confederation of Small and Medium-Sized Enterprises (CEPIME), the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UTT) signed an extension to the 2007 inter-confederation agreement for collective bargaining, which establishes as a criterion the need to remove differences in pay levels and highlights the usefulness of systems for the evaluation of jobs. The Committee requests the Government to provide information on the application of this agreement in practice and its impact on the collective agreements that have been signed.

Labour inspection. The Committee notes the information supplied by the Government on cases involving violations of the principle of equal remuneration for work of equal value and the penalties imposed on 12 enterprises (five fines and seven formal notices) by the labour inspectorate for discrimination on the basis of gender in the catering, commerce, cleaning, steel and textiles sectors. The Committee requests the Government to continue to supply information on the measures taken by the labour inspectorate and their impact on reducing the wage gap.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 3 of the Convention. Measures to address the gender wage gap. In its previous direct request, the Committee noted that the Labour and Social Security Inspectorate does not have available “ad hoc” instruments to assess the effectiveness and impact of its activities, except in very specific cases in which further inspections are envisaged on some or all of the enterprises already inspected at an earlier stage. The Government indicated that this is the reason why it cannot provide detailed information on this subject. With regard to the information technology tool known as the ISOS programme (relating to manuals for the appraisal of jobs and the identification of indicators of wage discrimination), the Committee noted that, according to the report, a series of practical difficulties have been encountered in its use by the labour inspectorate. In 2008, the Government indicates that these problems persist.  The Committee would appreciate receiving information on any other mechanisms used by the Government to assess the wage gap and to evaluate the impact of the measures taken on reducing this gap.

Social partners. In its previous direct request, the Commission asked the Government to indicate the measures taken as a result of the recommendations made by the Committee established under the terms of the Declaration for social dialogue concluded on 8 July 2004 by the Government and the social partners, which recommends adopting “measures to eliminate the gender wage gap”. The Committee notes that in its report the Government only refers to the Law on Equality of 2007. The Committee again asks the Government to provide information on the measures taken to eliminate the gender wage gap, as agreed with the social partners in 2004, their application in practice and the impact thereof.

The Committee notes that the information provided by the Government with respect to the second request formulated in paragraph 2 of the Committee’s previous direct request are not related to issues covered by the provisions of the Convention. The Committee again asks the Government to provide practical information regarding the requests formulated in paragraphs 1 and 2 of its previous direct request concerning the principle of equal remuneration for work of equal value. In general, the Committee asks the Government to provide more information on the application of the Convention in practice and, in particular, to provide information pertinent to the comments of the Committee.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. Prohibition of discrimination in remuneration. Noting the measures adopted to reinforce the legislation for the penalization of wage discrimination, the Committee once again asks the Government to provide examples of the application of this legislation.

2. Labour inspection and equal remuneration. The Committee notes the information provided by the Government on the results of the activities of the labour inspectorate in relation to women’s conditions of work and discrimination against women, including steps taken to supervise and enforce equal remuneration. The Committee asks the Government to provide more detailed information on cases of violations of the principle of equal remuneration for work of equal value, and on the outcome of these cases. In relation to the comment by the CC.OO that the labour inspectorate should act on its own initiative, the Government indicates that one of the general objectives of the labour inspectorate is that programmed activities (those undertaken on its own initiative) progressively take on greater weight in relation to activities initiated at the request of the parties, which normally have their origins in complaints. Section 2(3)(3) of the IV Equality Plan provides for “establishing as a priority in the activities of the Labour and Social Security Inspectorate those intended to eradicate direct or indirect discrimination on the ground of sex, with emphasis on wage discrimination and sexual harassment”. The Government adds that, as the field of labour is within the competence of the Autonomous Communities, it is in the territorial commissions that it is agreed to undertake action related to wage discrimination on grounds of sex, with the exception of Instruction No. 106/2003 respecting “Activities by inspectors intended to eradicate any discrimination on the ground of sex”, which is applicable throughout the State. The Committee notes that, when giving effect to this standard, the labour inspectorate undertook campaigns in the Autonomous Communities of Asturias, the Baleares, the Canary Islands, Castilla y Leon, Catalonia, Madrid, Navarra, La Rioja and the Valencian Community which covered, among other subjects, discrimination in remuneration and discriminatory clauses in collective agreements. Noting with interest the activities undertaken by the labour inspectorate, the Committee asks the Government to continue providing information on the planned activities of the labour inspectorate relating to the application of the Convention.

3. Articles 2 and 3. Measures to address the gender wage gap. The Committee notes that the Labour and Social Security Inspectorate does not have available “ad hoc” instruments to assess the effectiveness and impact of its activities, except in very specific cases in which further inspections are envisaged on some or all of the enterprises already inspected at an earlier stage. The Government indicates that this is the reason why it cannot provide detailed information on this subject. With regard to the information technology tool known as the ISOS programme (relating to manuals for the appraisal of jobs and the identification of indicators of wage discrimination), the Committee notes that, according to the report, a series of practical difficulties have been encountered in its use by the labour inspectorate. The Committee asks the Government to indicate whether these problems have been resolved and whether the above tools continue to be used, the sectors concerned and the results obtained.

4. Social partners. The Committee asks the Government to provide information on the measures taken and agreements concluded with the social partners to achieve equal remuneration, which it has noted in its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and on any other measure of the same nature intended to improve the application of the provisions of the Convention, particularly those designed to reduce the wage gap between men and women. Please indicate the action taken as a result of the recommendations made by the Committee established under the terms of the Declaration for social dialogue concluded on 8 July 2004 by the Government and the social partners, which recommends adopting “measures to eliminate the gender wage gap”.

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

1. Article 2 of the Convention. Prohibition of discrimination in remuneration. Referring to its previous direct request, in which it requested information on the sanctions imposed for discriminatory practices on the basis of sex, the Committee notes that Royal Decree No. 5 of 4 August 2000, modified by Act No. 62 of 2003, defines wage discrimination as a serious offence. It also noted that, in accordance with section 40(1)(c) of the Act respecting offences and sanctions in the social domain, serious offences are punishable by fines ranging from euros 3,005.70 to euros 90,151.81. The deterrent effect of penalties for unilateral decisions by the employer, which are directly or indirectly discriminatory, favourable or unfavourable, is reinforced by Organic Act No. 10 of 23 November 1995, which provides for the sanction of imprisonment. The Committee asks the Government to indicate in its next report if any fines or other penalties have been imposed under the abovementioned legislation.

2. Articles 2 and 3. Measures to address the gender wage gap. In its previous request, the Committee noted that the Women’s Institute promotes the ISOS project on the wage gap between men and women and job appraisals. This project, which had participants from universities in Finland, the United Kingdom and Spain, aimed at analysing the relationship between gender-based discrimination on wages and job characteristics and to establish an objective system of job appraisal. The Committee notes that the project resulted in the creation and publication of two "information technology tools", as well as the creation of a survey on the characteristics of jobs in Spanish enterprises. The first tool, called the "ISOS system", consists of an integrated objective system of jobs appraisal, which is adaptable to the specific needs of various organizations and ready to be used. According to the report, the ISOS system’s objective job appraisal is characterized by neutrality and adaptability to all posts. It can be used by any person without specialized knowledge and it integrates aspects of work which are not considered by other systems (such as flexibility). The tool also facilitates comparisons between different appraisals of the same job or appraisals of different jobs. The final results of the project were presented to the interested parties in June 2003, and particularly to the labour inspectors. The Committee would like to know whether the Government is promoting or envisages promoting the application of this system in the public service (if yes, please indicate in which part) and whether it has been applied in enterprises in the private sector. The Committee hopes that the Government will promote the practical application of the project and asks the Government to provide detailed information in this regard as well as on the results achieved.

3. The Committee notes that the fourth Plan on Equality of Opportunity for Men and Women (2003-2006) provides for many initiatives aimed at reducing the wage gap and that many of them are related to the strengthening of training, women’s entrepreneurship and the granting of micro credits, among others. The Committee also notes that the Government launched a Plan on positive action under which participating enterprises can obtain the status of "partners of the equality of opportunity and treatment between men and women" and use a label which identifies them as such in their adverts and on their products. Another measure to reduce the gender wage gap is the adoption on 3 July 2003 of the National Plan of Action on the Inspectorate for Labour and Social Security to ensure equal remuneration of men and women. Among other measures, the Plan stresses the importance of the proper handling of complaints for failure to provide equal remuneration. The Government’s report indicates that it envisages using the information technology tool set up by the abovementioned ISOS project to reveal instances of unequal remuneration. The Committee would be grateful if the Government would provide information on the use of these tools by the labour inspectors and on the impact of these measures on reducing the wage gap.

4. Part V of the report form. Statistical information. Finally, the Committee notes that since 2001 no statistical information, disaggregated by sex, was available due to changes in the methodology of the wage structure survey, but that from 2004, the survey will once again be used to collect more reliable data on wage discrimination based on sex. The Committee also noted that, as of 2004, data from the survey on life conditions and, probably as of 2005, a survey of the active population will be available in order to obtain a picture on the situation in regard to gender-based wage discrimination. The Committee asks the Government to provide this statistical information with its next report.

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

The Committee notes the information contained in the Government’s report, including its response to comments submitted in October 2002 by the Confederación sindical de comisiones obreras (CC.OO) with respect to the application of the Convention.

1. Application by laws. The Committee notes with interest the adoption of Act No. 33 of 5 July 2002 modifying section 28 of the consolidated text of the Act on the status of workers. It notes in particular that the notion of remuneration in section 28 of the Act, which provides for equal remuneration between men and women, has been enlarged in conformity with Directive 75/117/EC of 10 February 1975. It also notes the adoption of Act No. 62 of 30 December 2003, Chapter III, which introduces for the first time into Spanish labour law the definition of direct and indirect discrimination. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

2. Labour inspection and equal remuneration. The Committee notes that the comments submitted by the CC.OO include claims that labour inspections with respect to equal remuneration are insufficient both in quantity and in quality. It considers that the labour inspectorate should act not only upon the request of the parties, but also on its own initiative and that the Government should give particular attention to the inspectors being trained to detect indirect discrimination which might exist with regard to remuneration. Further, section 90 of the Workers’ Statute states that collective agreements should be communicated in order to be registered with the labour authority, who will verify at this moment the application of the existing legislation. The CC.OO states that in order to assume responsibility for this function with respect to the principle of the Convention, it is necessary for all public servants of the labour authority to have a deeper understanding of equal remuneration for work of equal value. In its response, the Government indicates that the fourth Equality Plan for Equal Opportunities between men and women, approved by the Ministerial Council on 7 March 2003, is to be implemented between 2003 and 2005. The Equality Plan provides, among other measures, "that priority must be given to the activities of the Inspectorate for Labour and Social Security, with a view to eliminating all types of direct and indirect sex discrimination and with special attention being paid to discrimination in remuneration" (paragraph 2.3.3 of the Plan). This priority has been integrated into the programme of measures adopted by the Inspectorate for Labour and Social Security. The Committee asks the Government to provide information with its next report on the results of the fourth Equality Plan and the activities of the labour inspectorate carried out with the aim of eliminating inequalities in remuneration between men and women.

3. With respect to the role played by the labour authority regarding possible discriminatory clauses in collective agreements, the Government states that in many cases the general directorate of labour asks for modification of those clauses which give rise to discrimination based on sex. The Committee considers that the labour authority may play an important role in ensuring that collective agreements are in conformity with the Convention. It asks the Government to provide more detailed information with its next report on the training that the labour authority receives in this respect, as well as information on the activities carried out to ensure the application of the Convention during the reporting period, and to provide concrete examples.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with interest the adoption of Royal Legislative Decree No. 5/2000, which categorizes as a very serious offence any discrimination on grounds of sex by employers in relation to remuneration, and establishes fines to discourage such practices. The Committee asks the Government to indicate in its next report the manner in which this provision promotes the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee would also be grateful if the Government would provide information in its next report on the penalties imposed under Royal Legislative Decree No. 5/2000 for discriminatory practices on grounds of sex.

2. In its previous comments, the Committee asked the Government to provide information on the measures adopted or envisaged to prevent indirect discrimination which might arise from the classification and appraisal of jobs in collective agreements. The Committee notes with interest the information provided by the Government in its report indicating that the Institute for Women combats all types of employment discrimination on grounds of sex, both direct and indirect, and that in collaboration with the equality bodies of the autonomous communities and the women’s secretariats of the most representative trade unions at the local and national levels, training days for negotiators of collective agreements have been held on equality to increase their capacity to recognize discriminatory clauses in the texts of the respective agreements. The Committee also notes that the Institute has organized training days for trade unions, judges, prosecutors and labour inspectors to raise awareness of national and community provisions relating to wage discrimination between men and women, and that in 2000 it issued the publications "Guide to good practice to ensure equal remuneration" and "Tools to eliminate wage discrimination". The Committee asks the Government to provide the Office with copies of the above publications with its next report. In this respect, the Committee also notes that the Institute for Women is promoting the ISOS Project on wage differences between men and women and on job appraisal. The Committee asks the Government to provide the Office with information in its next report on any progress made in the context of the above project. The Committee also repeats the request to the Government made in its previous comment to attach copies to its next report of collective agreements containing provisions on wage structures (section 26(3) of the Workers’ Statute).

3. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW) in 1999 (A/54/38, paragraphs 236-277) at the situation of Spanish women in the labour market, and particularly the fact that women continue to be insufficiently represented in jobs corresponding to their educational level, and that on average women earn approximately 30 per cent less than men. In its previous comment, the Committee asked the Government to provide information on the progress achieved under the Third Plan for Equality of Opportunity and Treatment between Men and Women, 1997-2000, in collaboration with workers’ and employers’ organizations and in the establishment of strategies with the relevant government officials to guarantee the effective application of the right to equal remuneration for men and women workers for work of equal value. The Committee notes the Government’s reply in its last report, in which it indicates that the difference between the monthly income of men and women fell from 26.8 per cent in 1996 to 24.59 per cent in 2000. The Committee notes that, according to the statistics issued by the European Industrial Relations Observatory (EIRO), the difference between the hourly income of women and men fell from 25.1 per cent in 1996 to 23.1 per cent in 2000. The Committee also notes that, according to the statistical data compiled by the Institute for Women, the average monthly earnings of women workers in 2000 did not attain the level of 65 per cent of those of men in the Autonomous Communities of Aragón, Asturias, Castilla la Mancha, Castilla León and Murcia. The Committee notes that, according to the statistics, wage discrimination occurs in all sectors of activity and in all occupational categories. The Committee considers that the wage gap between men and women is still substantial and trusts that the Government will continue to provide information in its next report on the measures adopted or envisaged to continue reducing it. It also asks the Government to provide information on the measures that are being adopted to prevent both horizontal and vertical occupational segregation by sex. Furthermore, the Committee trusts that the Government will provide detailed information in its next report on the progress achieved, together with the social partners, in improving the employment stability of women and the wage conditions of part-time women workers.

4. The Committee notes once again that the statistics on wage increases provided by the Government are not disaggregated by gender. The Committee therefore asks it to provide the fullest possible up-to-date statistics disaggregated by sex, taking into account the contents of its 1998 general observation. The Committee asks the Government to ensure that the statistics provided include data on sectors in which there is a clear concentration of women workers (public administration, education, social services, domestic service and small enterprises, among others).

5. The Committee notes with interest the judicial decisions attached to the Government’s report related to the application of the principle of equal remuneration for men and women workers of work of equal value. The Committee notes that in some of the rulings attached to the Government’s report, reference is made to the suspicious nature of evaluation criteria such as physical strength which, being a predominantly male quality, does not permit objective evaluation and could provide an unjustified advantage to men. In the attached jurisprudence, the use of physical force is admitted, although in a restricted manner and subject to the dual condition that this factor is not an essential element in the work to be performed, and that job evaluations do not take strength into account as the sole criterion for appraisal, but that it must be combined with other objective characteristics affecting both men and women. Recalling that in general the jobs performed by women tend to be undervalued, the Committee asks the Government to provide information in its next report on the measures adopted or envisaged for the appraisal of jobs based on objective criteria such as responsibility, strength, dexterity, the skills of men and women workers and the working environment. The Committee also asks the Government to provide information on the results of any initiative that is taken.

6. The Committee notes with interest the various publications by the Women’s Confederal Secretariat of the Trade Union Federation of Workers’ Commissions provided with the report, which include: a guide on good practice for job appraisal, covering trade union action on discrimination in remuneration (Prisma Project); a manual for the examination of agreements from the gender perspective (Codex Project); a code of practice for the neutral application of occupational classifications, including a report summarizing the research (Codex Project); and a study on "Employment and wage discrimination: An analysis from the gender perspective".

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information provided by the Government in its report, and the attached documents and statistical data. The Committee also notes the comments made by the Trade Union Federation of Workers’ Confederations (CC.OO), received by the Office on 18 October 2002, raising questions related to the application of the Convention, which have been forwarded to the Government. The Committee will examine the comments made by the CC.OO at its next session, together with any response to these comments by the Government.

2. The Committee refers to the Government’s reply to the comments made by the General Union of Workers (UGT) on the application of Convention No. 111, which are also related to the application of the principle of equal remuneration for men and women workers for work of equal value. The UGT referred in its comments to the lack of legal and administrative measures to prevent wage discrimination between men and women in employment. The Committee notes the Government’s reply in which it indicates that the amount of the minimum inter-occupational wage is determined only by the Government, but that the structure and amount of remuneration are the result of collective bargaining. The Government adds that in the event of any failure to comply with the principle of equality and non-discrimination in this respect, public administrators can turn to the commission responsible for negotiating the collective agreement and require the rectification of any clauses which do not respect the principles of equality and non-discrimination. The Government also states that such clauses may be taken up ex officio by the labour authorities by means of a special procedure set out in the Labour Procedure Act. The Committee requests the Government to provide information on the practical application of this regulation, including copies of relevant administrative and judicial decisions. The Committee invites the Government to consider the possibility of encouraging the social partners to include a balanced representation of men and women in the teams negotiating collective agreements, and hopes that the Institute for Women will continue its activities to ensure that the persons concerned are adequately trained in the fields of discrimination on grounds of sex and of equal remuneration.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes that, according to statements issued in 2000 by the General Secretary of the National Women’s Institute, an agency of the Ministry of Labour and Social Affairs, the average earnings of female workers in Spain represents 71 per cent of the average earnings of male workers. It further  notes that, according to studies carried out in 2000 by the General Union of Workers (UGT) and the Trade Union Federation of Workers’ Commissions (CC.OO.), women’s average earnings are between 76 to 78 per cent of men’s average earnings. The Committee notes that, according to the information contained in section 3 of the chapter on "Economy and Employment Issues of the Third Plan for Equality of Opportunity and Treatment between Men and Women 1997-2000", approved by Accord of the Council of Ministers on 7 March 1997, the statistical data available indicated that women were still not participating in paid employment at the same rate as men, given that their contracts of employment provide less benefits, their remuneration is less for work of equal value, and they occupy few decision making jobs. The Plan indicates that in 1994, women’s annual average salary was 71.54 per cent of men’s corresponding salary. The Committee notes that the statistics supplied by the Government in its report concerning salary increases agreed upon by sector of economic activity are not disaggregated by sex. Therefore, the Committee is unable to assess the actual wage gap. It asks the Government to provide the fullest statistical information possible, disaggregated by sex in accordance with its 1998 general observation. Please also provide a copy of the study "Employment and salary discrimination: An analysis from a gender perspective" issued in 2000.

2. The Committee notes the Government’s statements concerning the measures adopted through social dialogue in order to improve stability in employment. It asks the Government to supply concrete information regarding the progress achieved in the context of measures 3.1.7 of the Third Plan for  Equality of Opportunity and Treatment between Men and Women 1997-2000, which called for "collaboration with workers’ and employers’ organizations and the establishment of strategies with the relevant government officials in order to guarantee the effective application of the right to equal remuneration between men and women for work of equal value".

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information contained in the report, including the statistical data attached and the Government’s comments in response to the comments of the General Union of Workers (UGT) of 27 February 1999, sent to the Government in March 1999. The Committee also notes the comments of the Trade Union Federation of Workers’ Commissions (CC.OO.) of 21 September 2001, received jointly with the Government’s report.

2. The Committee notes the Government’s response to the UGT’s earlier comments, which stated that serious and generally hidden sex-based salary discrimination still exists in Spain, and that: (1) the concept of salary in Spanish law diverges from the definition of the term under international law; (2) the definitions of occupational classification often include notions of the value attributed to certain tasks or output bonuses that result in indirect discrimination against women; and (3) the measures adopted to combat discrimination are insufficient.

3. The Committee notes the Government’s comments regarding the concept of salary expressed in the Spanish legislation. The Government indicates that this concept is defined in section 26 of the Workers’ Statute, which provides that "The concept of salary includes the totality of the economic remuneration received by workers, in cash or in kind, for the performance of work-related services for another and which constitutes compensation for work performed, regardless of the form of the remuneration ...". The Committee considers this definition to be compatible with Article 1(a) of the Convention. It would be grateful if the Government would supply samples of collective agreements reflecting the application of section 26 of the Workers’ Statute.

4. With respect to the comments that occupational classifications frequently involve concepts of the value attributed to certain tasks or output bonuses that result in indirect discrimination against women, the Government states that occupational classifications are typically contained in collective agreements agreed upon between workers and employers and that, therefore, this is an issue that is difficult for the Labour Inspectorate to address. The Committee asks the Government to provide information on the measures adopted or envisaged to prevent any indirect discrimination that may arise from the classification and evaluation of jobs in collective agreements.

5. With regard to the UGT’s comments on the alleged lack of social dialogue and the high rate of temporary work, which the UGT points to as indiciae of hidden employment and salary discrimination, the Government indicates that, through a process of social dialogue, it has adopted a series of measures designed to improve employment stability. It also indicates that part-time work has been regulated, also through the social dialogue process. The Government states that the high rate of temporary work is steadily decreasing.

6. The Committee notes the adoption of Act No. 39/99 of 5 November 1999, to promote the balancing of workers’ professional and family responsibilities, and that similar reforms have been made to the legislation applicable to public servants, both civil and military. While the above information does not bear directly on the principle of equal remuneration, the Committee notes that it is generally relevant to the promotion of equality of opportunity and treatment in the world of work, and thus has an indirect positive effect on the application of the Convention.

The Committee is sending a request directly to the Government on other points.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the comments made by the General Union of Workers (UGT) transmitted to the Government in March 1999. The UGT claims that there is still serious and generally hidden salary discrimination on the grounds of sex; and it repeats some of its previous comments, namely that the concept of salary in Spanish law does not correspond to that understood in international law, that the concept of professional classification frequently comprises concepts of value attributed to specified tasks or output bonuses, which results in hidden discrimination against women, and that the measures adopted to combat discrimination are inadequate.

2. The UGT indicates that one of the hidden means of labour and salary discrimination, of which women are the chief victims, is the precarious nature of the employment produced by the high rate of temporary work. Short-term contracts provide for a lower salary which, in many cases, is around 50 per cent of the average salary. The Committee notes that, according to bulletin No. 17 of the Economic and Social Council, entitled "Social and employment panorama of women in Spain" of July 1999, only 35 per cent of contracts of indeterminate duration concluded in 1998 were with women.

3. The UGT also claims that the Government had rejected the trade union dialogue proposed repeatedly by the UGT on the subject of discrimination.

4. The Committee would be grateful if the Government would provide information in its next report on the matters raised by the UGT, as well as including the information requested by the Committee in its previous comments.

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

The Committee notes the detailed information and statistics provided by the Government in its report in reply to the Committee's previous observations. It also refers to the comments on the application of the Convention made by the General Union of Workers (UGT).

The Committee particularly notes the Government's indications on the incompatibility between the concept of remuneration set out in the Convention and the concept of wages contained in section 26 of the Workers' Charter. Furthermore, it notes with interest the ruling by the Supreme Court of 22 July 1997, in accordance with which "differentiated treatment, if it is not to be deemed a sign of discrimination, must be justified by objective and adequate reasons in such manner that the remuneration for work of equal value must be equal for all concerned at least at the basic level and with the exception of certain wage components such as seniority. This principle of equal pay for work of equal value in the same operation and undertaking is also recognized in ILO Convention No. 117 (RCL 1974/1355)."

The Committee requests the Government to continue providing information on the measures adopted to promote the application of this principle in practice.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee takes note of the detailed information and statistics contained in the Government's report in reply to its previous comments. It also notes the comments on the application of the Convention in practice sent by the Trade Union Federation of Workers' Commissions (CC.OO.) and the General Union of Workers (UGT).

2. The Committee notes that the CC.OO. generally criticizes the continuing wage gap between the earnings of men and the earnings of women, which it estimates to be, for monthly wages, 72.2 per cent. While both workers' organizations applaud the change in the Workers' Statute, noted with satisfaction in the Committee's previous observation, they claim that there continues to be indirect discrimination based on the undervaluation of the work carried out by women. The UGT adds that the concept of "salary" under section 28 of the Workers' Statute does not correspond to the definition of remuneration contained in the Convention; and that the enforcement measures remain inadequate despite certain improvements introduced by sections 96 and 180 of the Act on Labour Procedures (such as cancellation of unjustified dismissals; reversal of the burden of proof in discrimination cases; and partial annulment of collective agreements which are found to contain discriminatory clauses).

3. While awaiting a detailed reply from the Government on these comments, the Committee notes that it has taken note in previous direct requests of the measures being taken by the Government to determine the causes of the wage discrepancies (such as, the activities of the National Women's Institute and the training of the labour inspection services regarding wage discrimination). The Government's most recent report also reflects the serious attempts being made by the authorities and the courts to redress any imbalances that may be due to the sex of the worker. The Committee therefore trusts that the Government's reply to the above comments on the practical application of the legislation which enshrines the principle of the Convention will contain similar details, in an effort to meet the concerns of the CC.OO. and the UGT.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the judicial rulings which were transmitted and, in particular, the ruling which refers to ILO Conventions as a supplementary source of law. In view of the fact that the above rulings argue that they are the sole determinant of the law governing the situation of the plaintiff in respect of the defendant, the Committee requests the Government to indicate the scope of rulings of the highest courts of law in the country and whether, as a consequence, all discriminatory provisions may be understood as having been repealed, thereby limiting the number of cases in which workers have to seek justice before the courts.

2. The Committee notes the detailed information which was supplied concerning: the wage rates applicable in the public sector, by sex and grade; the percentage of women covered by collective agreements and the distribution of the sexes at the various levels; the wage rates and average incomes earned by both sexes, broken down by qualification, sector, seniority and level of qualifications, with the corresponding percentage of women. The Committee is nevertheless bound to note that, according to the survey of wage discrimination by the National Women's Institute in 1989, remuneration for comparable levels of qualification and seniority are higher for men than for women at all occupational levels. The 1991 survey also shows that average earnings per month and per hour in various sectors are lower for women than for men.

With reference to the measures taken with a view to determining the causes of these wage disparities and the action taken to eliminate them, the Committee notes the activities of the National Women's Institute and the organization of meetings on "The function of the labour inspection services in relation to the occupational activities of women", the agenda of which included conditions of work and wage discrimination. It requests the Government to send the final document prepared as a result of the above meetings. The Committee would also be grateful if the Government would keep it informed of the studies or similar activities which are envisaged or have been undertaken to examine the reasons why disparities persist between the remuneration of women and men.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with satisfaction the adoption of the amendment to section 28 of the Workers' Charter 1980, which reads: "For the performance of work of equal value the employer shall pay the same wage, for both the basic wage and emoluments, without any discrimination on grounds of sex", and which is in conformity with Article 2 of the Convention.

2. The Committee is addressing a request directly to the Government concerning certain other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the report transmitted by the Government and the detailed information attached to the report in reply to its previous direct request.

1. The Committee notes the judicial rulings which were transmitted and, in particular, the ruling which refers to ILO Conventions as a supplementary source of law. In view of the fact that the above rulings argue that they are the sole determinant of the law governing the situation of the plaintiff in respect of the defendant, the Committee requests the Government to indicate the scope of rulings of the highest courts of law in the country and whether, as a consequence, all discriminatory provisions may be understood as having been repealed, thereby limiting the number of cases in which workers have to seek justice before the courts.

2. The Committee notes the detailed information which was supplied concerning: the wage rates applicable in the public sector, by sex and grade; the percentage of women covered by collective agreements and the distribution of the sexes at the various levels; the wage rates and average incomes earned by both sexes, broken down by qualification, sector, seniority and level of qualifications, with the corresponding percentage of women. The Committee is nevertheless bound to note that, according to the survey of wage discrimination by the National Women's Institute in 1989, remuneration for comparable levels of qualification and seniority are higher for men than for women at all occupational levels. The 1991 survey also shows that average earnings per month and per hour in various sectors are lower for women than for men.

With reference to the measures taken with a view to determining the causes of these wage disparities and the action taken to eliminate them, the Committee notes the activities of the National Women's Institute and the organization of meetings on "The function of the labour inspection services in relation to the occupational activities of women", the agenda of which included conditions of work and wage discrimination. It requests the Government to send the final document prepared as a result of the above meetings. The Committee would also be grateful if the Government would keep it informed of the studies or similar activities which are envisaged or have been undertaken to examine the reasons why disparities persist between the remuneration of women and men.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the detailed information and statistics supplied by the Government in its report. It also notes the comments on the application of the Convention in law and in practice sent by the General Union of Workers (UGT) and the Trade Union Federation of Workers' Commissions (CC.00).

1. The Committee notes that both the UGT and the CC.OO raise the insufficiency of the current labour legislation in ensuring the principle of equal remuneration for work of equal value and the poor implementation of that principle in practice, particularly through indirect discrimination in private enterprises. The UGT points out that the Constitution and the Workers' Charter protect against discrimination on the basis of sex in general terms without specifying the concept of "work of equal value". It refers to cases of indirect or veiled wage discrimination that have gone to the courts over the issue of whether the work being done was "equal". It cites the February 1992 statistics of the National Institute of Statistics showing that women workers in higher qualification categories earn only 73.9 per cent of men's remuneration. The CC.OO calls for a clarification in the legislation of the concept "work of equal value" since factors typically linked to men, such as strength, are often given more value over factors like concentration and skill which in turn are associated with women. It also cites court cases which held that there has been indirect wage discrimination through the granting of various wage supplements mainly to men.

The Government states, in its report, that the Second Plan for Equal Opportunities for Women (1993-95) proposes an amendment to section 28 of the Workers' Charter so as to introduce expressly the concept of "work of equal value" into the national legislation. It points out at the same time that the Constitutional Court and European Community law had, in any case, given a sufficiently broad interpretation to that provision.

The Committee notes this development with interest. It asks the Government to inform it, in its next report, of progress towards introducing the concept of Article 2 of the Convention into the 1980 Workers' Charter, and to transmit a copy of the amendment once adopted.

2. The Committee is addressing a direct request to the Government on certain other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the information supplied by the Government in response to its previous direct request concerning the system of job appraisal.

1. The Committee notes with interest that section 96 of the articled text of the Labour Procedure Act approved by Royal Legislative Decree No. 521/1990 of 27 April 1990 provides for the reversal of the burden of proof, which will be laid on the defendant in proceedings in which the existence of signs of discrimination on grounds of sex has been alleged; this step should facilitate punishment for wage discrimination. The Committee has also noted with interest judgement no. 145/1991 of the Constitutional Court, which confirms that section 28 of the Workers' Charter should be interpreted in the light of the Convention to provide for equal remuneration for work of equal value, and which states that work cannot be evaluated on the basis of criteria connected with the sex of the workers, and in particular with the status of women, and reflecting social or economic undervaluations of women's work. The Committee asks the Government to be good enough to supply in its forthcoming reports information on court decisions relating to the questions dealt with in the Convention.

2. The Committee has noted the information supplied in the report concerning labour inspection with regard to equal remuneration between 1989 and 1990. The Committee asks the Government to be good enough to state in its next report what action has been taken on the violations detected.

3. The Committee notes from the information supplied by the Government that the General Union of Workers (UGT) considers that the recognition of equality in the Constitution and the Workers' Charter does not prevent wage differences contrary to the Convention from occurring in practice. According to UGT, wage discrimination means in practice that women are receiving remuneration 25 to 30 per cent less than that received by men. This situation is due to direct discrimination, where the women receive smaller wages even when they are in the same occupational category and doing equal work with men; to indirect discrimination, where wage differences result from differences in other spheres such as access to better-paid occupations, more significant occupational categories or undertakings that pay higher wages; and to differences in in-house promotion and job rotation. In its reply the Government states that, while the Constitution and the national law lay down the principle of equal remuneration without discrimination on grounds of sex, that principle does not mean that no wage differences can be justified. With regard to the case in which women receive lower wages than men in breach of section 28 of the Workers' Charter, the Committee asks the Government to refer to its foregoing request concerning the action taken in regard to detected offences of violation of equal remuneration.

Furthermore, the Committee finds that it has no recent information on wage levels from which to assess how the principle of equal remuneration spelt out in the national law is applied in practice. The Committee asks the Government to be good enough to supply in its next report:

(i) the wage scales applicable in the public service, showing the distribution of men and women at the various levels;

(ii) the text of collective agreements or other texts which fix wage levels in the various sectors of activity, showing if possible the proportion of women covered by such collective agreements and the distribution of men and women at the various levels;

(iii) statistical data on wage rates and the average incomes received by men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women;

(iv) information concerning any inquiry or survey begun or planned for the purpose of determining the causes of wage disparities and concerning the measures taken or contemplated as a result of such surveys.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous comments, the Committee notes with interest the detailed information supplied by the Government in the reports received in 1988 and 1989, and the copies of judicial decisions and collective agreements attached to the first of these reports.

In particular, the Committee notes with interest the interpretation given to article 14 of the national Constitution by the Constitutional Court in Decision No. 31/84 of 7 March 1984, under which equal wages as provided for in article 14 must be understood as applying not only to the same work but also to work of an equal value. The Committee also notes with interest the adoption of Act No. 8 of 7 April 1988, and in particular the provisions of this Act respecting violations and the sanctions imposed in the event of discrimination as regards remuneration on the grounds, among others, of sex. It also notes that the labour inspection services have been reinforced through this Act and that 15 per cent of the violations reported during 1988 and 1989 concerned cases of discrimination as regards remuneration.

The Committee requests the Government to continue supplying information on the measures that have been taken and the progress achieved in applying the principle of equal remuneration for men and women workers for work of equal value, in the sense of the Convention. With reference to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration, the Committee requests the Government to provide recent information on the methods and criteria used in practice to undertake an objective appraisal of jobs and to determine the equal value that they involve, and the remuneration that must be applied to them.

2. The Committee also requests the Government to indicate how the principle of equal remuneration for work of equal value is applied to employees in the public sector, including officials. Please supply copies of any texts adopted under Act No. 30/1984 and copies of collective agreements that are concluded following negotiations with the trade unions regarding the evaluation and classification of jobs in this sector.