Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - 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) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Article 1(1)(a) of the Convention. Discrimination on the grounds of sex. Sexual orientation and gender identity. The Committee notes the information provided in the Government’s report in response to its earlier comment, requesting information on the measures adopted or envisaged on the basis of the assessment of discrimination against lesbians, gays, bisexuals and transsexuals. The Committee notes the Government’s indication in its report that this assessment has been broadened with a 2019 exploratory study into the social and labour integration of trans persons, which will be published shortly and which throws light on the reality of a group suffering significant discrimination in access to education, employment and the free exercise of an occupation. The Government also refers to the preparation of a preliminary bill on equality and non-discrimination for lesbian, gay, bisexual, trans and intersex persons (LGBTI), which would prohibit all forms of discrimination on the grounds of sexual orientation, gender identity, gender expression or sexual characteristics in access to and retention of employment, recruitment, terms and conditions of employment, as well as to a preliminary bill on real and effective equality for trans persons, which would mandate the public administrations to adopt the measures required to promote integration, employability and social and labour insertion. The Government also refers to the establishment, by Order IGD/577/2020, of the Council for the Participation of LGBTI Persons which, among other functions, been given responsibility for proposals related to LGBTI policies, and the promotion of equality, presentation of criteria and observations in respect of the projects, plans and programmes of the General State Administration (AGE), and the annual review of LGBTI policies. The Committee also notes the “Making progress with LBGTI diversity” project (Avanzando en gestion de la diversidad LGBTI), to promote sexual and gender diversity within enterprises and universities. The Committee further notes the CCOO’s observations according to which there is existing autonomous LGBTI legislation that is not being implemented, and in respect of promotional measures that the organization has taken. The Committee requests the Government to provide information on progress made regarding the preliminary bills referred to above, as well as on the application in practice of the legislation in force, including details of violations and sanctions. The Committee also requests the Government to provide information on the action taken by the Council for the Participation of LGBTI Persons to promote equality in employment and occupation for the LGBTI group.

Article 2. Legislation. The Committee notes that the Government refers in its report to European Court of Justice decisions of 18 January 2018 and 11 September 2019, which consider that section 52.d of the Workers’ Statute is discriminatory on the grounds of disability, since it permits the termination of a contract with right to a reduced compensation where unjustified absences or periods of sick leave for common contingencies of less than 20 days’ duration exceed fixed percentages. The Committee welcomes that this section has been repealed by Royal Decree-law No. 4/2020 of 18 February.

Equality of opportunity between men and women. In its previous comment, the Committee requested the Government for information on the findings of the evaluation of the Strategic Plan for Equality of Opportunity (PEIO) 2014–2016, on any other measure taken to the same end, and on the application and impact of the new PEIO. The Committee observes that the Government refers to the PEIO 2014-2016 final implementation and evaluation report, indicating the complete or partial implementation of 191 of the Plan’s 212 measures. The plan includes changes to or development of rules with wide ranging impact, sectoral action plans, training courses for specific publics aimed at a wide spectrum of profiles, a significant number of projects mounted with the aid of grants, the use of products to generate knowledge, and improvements to statistics and information systems. The Government also emphasizes that the plan has contributed to reducing inequality between women and men and that its principal activities have shown a high degree of continuity. The Committee also notes the observations of the CCOO, to the effect that the Plan, as designed, fails to take account of the impact and consequences on workers of policies to cut budgets, reduce public services and reform labour, and neither does it guarantee employment for the more than 2.4 million unemployed. Likewise, the CCOO indicates that, according to the web page of the Institute for Women (IMs), the PEIO 2018-2021 is being drawn up, but that the trade unions have not been contacted to participate. The Committee notes in this regard the Government’s indication that the PEIO 2014-2016 was not intended to create employment for 2.4 million unemployed, but to contribute to reducing the gender gap in equality of opportunity. With regard to the elaboration of the PEIO 2018-2021, civil society participation is assured through the Council for Participation, which was consulted at the appropriate moment and would be once again when a new draft was ready.

The Committee further notes the Government’s indication in its report that a Strategic Plan for Effective Equality between Women and Men 2021-2025 (III PEIEMH) is being drawn up, and will include, in its second section, entitled “Economy for living, and a fair distribution of wealth and time”: possible situations of multiple discrimination on the grounds of sexual orientation, gender identity, class or membership of an ethnic minority; a system of specific indicators to help measure the incidence of multiple discrimination; studies to provide a better understanding of multiple discrimination, with a focus on women in a socially vulnerable situation. The Committee also observes the CCOO’s indication that the Annual Employment Policy Plan (PAPE) no longer includes women under “priority objectives”, but that they are now classified under “special interest group”. In this regard, the Government indicates that women’s classification in employment policy has not changed, in conformity with section 30 of Royal Legislative Decree No. 3/2015, and that it was for the duly mandated Autonomous Communities to manage employment programmes, adopting and implementing those which best suited the needs of their territories. The Committee requests the Government to provide information on: (i) progress in formulating and adopting the PEIO 2018-2021 and the III PEIEMH, and on participation by the employers’ and workers’ organizations in the process; and (ii) measures adopted under the Annual Employment Policy Plans that contribute to the application of the principle of gender equality in employment and occupation, including those taken at the level of the Autonomous Communities.

Promotion, training and skills development. The Committee observes that the Government refers in its report to various measures in respect of training and awareness-raising on gender equality, including: (1) the various training courses on equality between women and men in the working environment run by the IMs and its Virtual School for Equality (EVI); (2) the promotion of the principle of equality in structural and investment fund interventions via mechanisms and training aimed at administrative and management entities, intermediate bodies and fund beneficiaries; and (3) training on the principle of equality and non-discrimination in the design and implementation of public policies, with particular reference to hate crime, and racial or ethnic discrimination, age, religion, sexual orientation and gender identity, for jurists, teachers and educators, technical staff in establishments providing care for victims of discrimination, civil servants, etc. The Committee requests the Government to continue providing information on training and awareness-raising activities in respect of equality, including the level of participation, disaggregated by sex.

Enforcement and application. The Committee notes the statistics provided by the Government, regarding the action taken: (1) with regard to discrimination in access to employment, 31 actions with no violations identified in 2018; 21 actions with no violations identified in 2019; and 15 actions with one violation identified in 2020; (2) with regard to discrimination in employment, 1,583 actions with 29 violations identified in 2018; 1,781 actions with 39 violations identified in 2019; and 1,166 actions with 27 violations identified in 2020; and (3) in respect of the annual action plan on compliance with rules regarding measures for effective equality between women and men, 6,032 inspections with 164 violations identified in 2018; 7,201 inspections with 217 violations identified in 2019; and 5,803 inspections with 161 violations identified in 2020. In this regard, the Committee observes that a greater number of inspections appear to have been carried out in the context of specific campaigns than under general activities. The Government refers to a number of judgments regarding equality and non-discrimination in employment, and the Committee takes note of these. The Committee also observes, according to the Government’s indication, that the importance given to safeguarding equality in inspection activities is such that it has been given particular weight in the Decent Work Strategy 2018-2019-2020, which provides, inter alia, for the establishment of a Discrimination Combat Unit to coordinate measure to combat discrimination, collaboration with the labour inspectorate and the respective autonomous bodies concerned with equality, the participation of the Labour and Social Security Inspectorate (ITSS) in action plans and strategies on equality, and specialized training for inspectors. The Committee also notes that the Government refers to a cooperation agreement between the Ministry of Equality and the Ministry of Labour and the Social Economy, which provides for permanent monitoring of effective gender equality in enterprises, and which establishes collaboration between the IMs and the ITSS in fixing the quantitative and qualitative objectives for the labour inspectorate, the exchange of information and advice regarding the results of the inspection activity, and collaboration in awareness-raising and provision of information for enterprises, workers and the social partners on the importance of gender equality.

With regard to the labour inspectorate, the Committee notes the observations of the CEOE, according to which, in light of the make-up of the enterprise fabric in Spain, which consists of a majority of small and medium-scale, and micro, small and medium-scale enterprises, the assistance and information function of the labour inspectorate should be strengthened before resorting to enforcement action. The CEOE also states that the inspection figures provided by the Government should be disaggregated to indicate how many “violations detected” are final, that is, not subject to appeal. In this regard, the Government indicates that publication of inspection criteria is to make information public, and specifies that once a violation has been detected, the inspectorate first sends a communication to the enterprise concerned, informing it of the facts observed and requesting it to review the situation. Second, the inspectorate verifies the changes made by the enterprise. The Government also indicates that, as a result of the time scale of the appeal procedure, coupled with the fact that the labour inspectorate is not responsible for that procedure, it is not possible to disaggregate final “violations detected”.

The Committee also notes the information provided by the Government regarding institutional measures taken in respect of the configuration of the Ministry of Equality, through Royal Decree No. 139/2020, of 28 January, establishing the basic organic structure of the ministerial departments and Royal Decree No. 455/2020, of 10 March, setting out the basic organic structure of the Ministry of Equality, including the State Secretariat for Equality and against Gender Violence. The Committee also notes the Government’s indication that the regulation governing the Equality Units of the General State Administration (AGE) is intended to ensure effective gender mainstreaming and the monitoring of the application of equality legislation. The Committee requests the Government to continue providing information on the number and nature of the violations observed, including relevant specific inspection campaigns, and to provide information disaggregated by grounds of discrimination on action undertaken by the labour inspectorate as part of its general activities. The Committee also requests the Government to provide, to the extent possible, information on the most common grounds for a detected violation to be revoked on appeal. The Committee further requests the Government to provide information on: (i) the measures implemented regarding the labour inspectorate and the promotion of equality in employment and occupation under the Overall Plan for Decent Work 2018-2019-2020 and the cooperation agreement with the IMs; and (ii) the measures taken by the Equality Units of the AGE to monitor application of the labour legislation.

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s reply.

Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion and national extraction. The Committee notes the Government’s indication in its report, in response to the Committee’s request for information regarding the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction, that: (1) the Council for the Elimination of Racial and Ethnic Discrimination has concluded its 2020 Study of the perception of discrimination, which finds employment to be one of the areas in which there is the most discrimination on grounds of racial or ethnic origin, with the non-Mediterranean African population group the most affected, followed by persons of African descent and those from the Maghreb; (2) according to the study, the most common discriminatory situations concern the assignment of worse timetables and harder tasks, lower wages for the same work, refusal to issue an employment contract and the obligation to perform tasks not covered by the contract; and (3) according to the “Approach to the African and Afro-descendent population in Spain: Identity and access to rights”, a study conducted in 2021, 24 per cent of persons surveyed work in low-skilled employment, 44 per cent in mid-level skilled employment, irrespective of their training level, while 95 per cent consider that they have at present less chance of acceding to positions of responsibility, and 94 per cent of finding a job. The Committee also notes that the Government emphasizes, with respect to the collection of statistics, that data on belonging to a group based on race, ethnicity, sex, religion or other circumstances, are protected under Spanish law and are therefore not reflected in the statistics. However, the Government indicates that the General Directorate for Equality of Treatment and Racial and Ethnic Diversity (DGITYDER) is in dialogue with various actors concerned regarding the suitability of collecting data on ethnic origin where the objective is to eliminate racial discrimination.

The Committee welcomes the reactivation since 2018 of the Council for the Elimination of Racial and Ethnic Discrimination. In this regard, the Government indicates that the Council’s care service for victims of racial or ethnic discrimination continues to provide support in specific cases of discrimination (65 cases in respect of employment in 2019), as well as undertaking information and awareness-raising activities and that, in view of the low level of complaints, measures will be taken to promote and give visibility to the service, for example by filing legal action and, in certain cases, representing victims. The Committee also notes the Government’s reference to the II Strategic Plan for Citizenship and Integration (PECI) 2011–14 and that the CEOE, in its observations, considers it primordial to progress in formulating a new plan. Regarding the assistance measures taken for migrant workers, including migrant domestic workers, the Committee refers to its earlier comments made in relation to the application of the Migrant Workers’ Convention (Revised), 1949 (No. 97).

With regard to the measures adopted in respect of the Gypsy population, the Committee also notes that the Government refers to the 2018 Progress Report on the National Strategy for the social inclusion of the Gypsy population 2012–20, according to which approximately 32.2 million euros has been invested in action and measures aimed at the Gypsy population, the largest proportion of which (39.04 per cent) is in the field of employment, and principally for the improvement of access to employment and the reduction precarious work. Nevertheless, the Committee notes the Government’s indication of the need to intervene more effectively, given that the 2019 Comparative study on the situation of the Gypsy community carried out by Fundación Secretariado Gitano (Roma Foundation) shows that while the Gypsy population’s participation rate in paid work fulfilled the objectives of the Strategy, the objectives for the employment and unemployment rates were not met, and the rate of temporary employment remained at 68 per cent. In this regard, the Committee also notes, from the Government’s web page, that a final evaluation of the 2012–20 strategy was begun in December 2020, and that the next national strategy is being prepared for 2021–30, in line with the guidelines issued under the European Union Roma strategic framework for equality, inclusion and participation 2020–30. The Committee notes the measures taken and the cross-cutting and substantive efforts made by the Government. The Committee trusts that the Government will continue its efforts to the extent possible to promote equality in employment and occupation effectively of the Gypsy population, taking account of the evaluations and results of previous measures. The Committee requests the Government to provide information on: (i) progress made in the adoption of the National Strategy for the Social Inclusion of the Gypsy Population 2021–30; (ii) the results of the II Strategic Plan for Citizenship and Integration (PECI) 2011–14 and and follow-up measures; (iii) the action taken by the Council for the Elimination of Racial and Ethnic Discrimination; and (iv) the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction, including the possible integration of related data in national statistics.

General observation of 2018. In respect of the issues raised above, and more generally, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018.

Article 2. Equality of opportunity for men and women. Equality plans and measures. Legislative developments. The Committee notes with satisfaction that in response to its request to continue adopting proactive measures, in collaboration with the social partners, with a view to increasing the number of enterprises which adopt equality plans, the Government reports the adoption of Royal Decree-Law No. 6/2019 of 1 March on urgent measures to ensure equality of opportunity and treatment for women and men in employment and occupation, amending section 45.2 of Basic Act 3/2007 of 22 March on effective equality for women and men, and making it obligatory for enterprises of more than 50 workers to adopt an equality plan (an obligation previously applicable to enterprises of more than 250 workers), and also requiring the preparation of the plan following prior negotiated analysis and its entry in the registry of equality plans in enterprises. The Government adds that the application of this obligation is gradual and allows enterprises different timeframes according to the size of the payroll. The Committee notes the implementation of these obligations through Royal Decree No. 901/2020 of 13 October regulating equality plans and their registration, and amending Royal Decree No. 713/2010 of 28 May on the registration and deposit of collective labour agreements, which addresses: (1) the procedure for negotiating equality plans, including the establishment of the negotiating commission and the negotiating procedure; (2) the content of the prior negotiated analysis covering selection and recruitment, occupational classification, training, career development, terms and conditions of employment (including a pay audit), co-responsibility in the exercise of personal, family and work life rights, under-representation of women, remuneration and the prevention of sexual and gender-based harassment; (3) the minimum content of the equality plan (qualitative and quantitative objectives, specific means and resources, implementation programme) and the plan’s statistical sheet; and (4) the period of validity, follow-up, evaluation and revision of the plan. In this regard, the Committee notes the CEOE’s observation that an appeal against section 5 of Royal Decree No. 901/2020 has been lodged with the Supreme Court, on the grounds that it imposes undue restrictions on the legal rights of those entitled to negotiate equality plans.

The Committee also notes that the Institute for Women (IMS) has strengthened its free counselling service to assist in the design, execution and implementation of equality plans, offers subsidies for the elaboration and implementation of plans by enterprises that are not obliged to adopt them (that is, since 2019, enterprises with between 30 to 49 workers) and has published information material on the elaboration and registration of equality plans. The Committee also observes that Royal Decree-Law No. 6/2019 amends the Royal Legislative Decree 5/2000, of 4 August approving the consolidated text of the Act on social offences and penalties to include a definition of a serious offender in case of failure by enterprises to comply with their obligations in respect of equality plans and measures. 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 the auditing of accounts in respect of non-financial information and diversity, which provides that: (1) the enterprise’s non-financial information shall include the measures adopted to promote the principle of equality of opportunity and treatment between women and men, non-discrimination and inclusion of persons with disabilities and universal accessibility; and (2) that the annual corporate governance report shall describe the diversity policy applied in the executive board, at management level and in the specialized commissions established.

The Committee further notes the information provided by the Government on the “Equality in the Enterprise” label, which was awarded to 57 more entities between June 2017 and May 2021, and on the various activities organized by the network of enterprises that have received the label in exchanging and sharing good practices. The Government also emphasizes the adoption in December 2020 of the III Plan for Gender Equality in the General State Administration (AGE) and in its associated or dependent public bodies, which sets out six types of cross-cutting measures: instrumental measures for organizational transformation; awareness-raising, training and skills acquisition; terms and conditions of employment and career development; responsibility-sharing and personal, family and work life reconciliation; prevention of violence against women; intersectionality and special protection situations.

The Committee requests the Government to provide information on the implementation of Royal Decree-Law No. 6/2019 and Act No. 11/2018, including: (i) the number and most common contents of registered equality plans, as well as the number of violations observed and penalties imposed; (ii) the result of the appeal lodged with the Supreme Court against section 5 of Royal Decree No. 901/2020; and (iii) the equality and diversity measures reported in enterprises. The Committee also requests the Government to provide information on the measures adopted under the III Plan for Gender Equality in the General State Administration (AGE) and in associated or dependent public bodies.

In respect of provisions on equal remuneration and personal, family and work life reconciliation, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and on the Workers with Family Responsibilities Convention, 1981 (No. 156).

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

Direct Request (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.

Article 1 of the Convention. Discrimination based on sex. Sexual orientation and gender identity. The Committee welcomes the qualitative study that was undertaken on discrimination against lesbian, gay, bisexual and transgender (LGBT) persons in the working environment, to which the Government refers in its report. The Committee notes that this study, which was published in 2017 with the title “LGBT persons in employment in Spain: Towards an inclusive working environment with sexual orientation and identity and gender expression”. The report sheds light, among other aspects, on the structural discrimination that finds expression in the means through which workers “conceal” their sexual orientation or identity, and the invisibility of the issue of the discrimination suffered by LGBT persons in plans for equality and in general discussions on equality of opportunity at work. The Committee also notes the indication by the CCOO that the information contained in the study needs to be regarded with care due to the low level of responses obtained. In this regard, the Government indicates that the objective of the study was not to obtain data that can be considered representative on a broad scale, but to obtain an assessment of the principal obstacles to equality and non-discrimination for LGBT persons in employment. The Committee requests the Government to provide information on the measures adopted or envisaged on the basis of the assessment of the employment situation of LGBT persons with a view to addressing discrimination and promoting equality of opportunity for LGBT workers in employment and occupation.

Supervision and enforcement. In its previous comments, the Committee requested the Government to: (i) take measures with a view to collecting statistical information disaggregated by sex and by other grounds of discrimination, including race, colour, religion and national extraction, and to provide information in this regard; and (ii) to continue providing information on the measures adopted by the labour inspection services, and particularly on the number and the nature of the violations detected, any judicial or administrative decisions concerning cases of discrimination, the penalties imposed and compensation granted. The Committee notes the reference by the Government to the study on perceptions of racial and ethnic discrimination by potential victims, published in 2014 by the Council for the Elimination of Racial and Ethnic Discrimination, and the care services for the victims of racial or ethnic discrimination provided by the Council through 87 offices at the state level, 20 regional offices and 67 collaborators. With reference to the compilation of statistical information disaggregated by sex and other grounds of discrimination, the Government indicates that, as a result of inter-ministerial cooperation between the Ministry of the Interior, the Ministry of Employment and Social Security, and the Ministry of Health, Social Services and Equality, new grounds of discrimination have been introduced (sex–gender and ideology) in the Crime Statistics System of the Ministry of the Interior, and a protocol has been developed on action by the state security forces, which classifies penal and administrative measures related to hate crimes.

The Committee also notes the information provided by the Government on the court rulings relating to cases of discrimination and the statistics on the inspections undertaken and the violations identified on the basis of sex and other types of discrimination, including those resulting from inspection campaigns on discriminatory working conditions of migrant workers. The Committee notes that, according to the UGT, it would be necessary to redesign the campaign to identify the areas and sectors in which situations of discrimination occur most frequently. The CCOO considers it necessary to undertake inspection campaigns in sectors in which men and women migrant workers are concentrated, namely agriculture and domestic work. In this regard, the Government refers to the limited material and human resources available, but indicates that the issue may be raised in the Tripartite Advisory Committee on Labour and Social Security Inspection. The Committee also notes the indication by the CCOO that a survey was carried out of 239 foreign men and women workers in the context of the programme “Defending employment with rights for foreign nationals in Andalucía”, which shows that 70 per cent of those covered by the survey suffered some type of discrimination including exploitation at work and that 75 per cent were not aware of the respective social benefits and social and labour rights. With regard to migrant workers, the Committee refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee requests the Government to continue providing information on any developments relating to the compilation of statistical information disaggregated by sex and other grounds of discrimination, including race, colour, religion and national extraction, and to continue providing information on the number and nature of the violations detected by the labour inspection services, and on any judicial or administrative decisions concerning cases of discrimination, the sanctions imposed and the 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 corresponding 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), transmitted by the Government, and the Government’s response. The Committee notes that in its observations the CEOE makes comments of a fundamentally linguistic and terminological nature which have been included by the Government in its report.

Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion and national extraction. In its previous comments, the Committee requested the Government to ensure that the necessary resources were allocated for the implementation of the action and measures envisaged under the Strategic Plan for Citizenship and Integration (PECI) 2011–14, particularly within the framework of the comprehensive strategy to combat racism, racial discrimination, xenophobia and other forms of intolerance. It also requested the Government to: (i) assess the impact of such action and measures addressing discrimination in employment and occupation against men and women on grounds of race, colour, religion and national extraction, particularly in relation to the situation of migrant workers and the Roma; and (ii) to provide information on the mapping of discrimination in Spain, which involved undertaking perception surveys and the systematic compilation of empirical and official data on complaints, violations, penalties and offences relating to discrimination, and the measures adopted as a result, the obstacles and difficulties encountered. The Committee notes the Government’s indication in its report that, in the context of the project “Map of Discrimination in Spain”, a comprehensive survey was undertaken for the first time of perceptions of discrimination in the country in 2013, and was replicated in 2016. The Government indicates that various types of measures have been adopted based on the conclusions of these surveys and that progress is being made in the systematic compilation of empirical and official data on complaints, violations, penalties and offences related to discrimination. The Committee also notes the Government’s indication concerning the publication of guides on “How to act in cases of discrimination, hate crime and intolerance” intended for citizens in general and technical personnel in social institutions and non-governmental organizations, and the various training programmes on equality and non-discrimination intended for public employees and lawyers.

The Committee notes the UGT’s indication in its observations that there is no specific budgetary allocation for the PECI and that the budget allocated for the integration of foreign nationals has been falling since 2012. The UGT adds that, although the PECI envisaged an intermediary evaluation, an external evaluation during its final stage and a final evaluation, these evaluations have not been undertaken. The UGT further adds that the Government has not indicated any intention to engage in the development of a third phase of the PECI.

The Committee also notes the reform prepared by the Spanish Observatory of Racism and Xenophobia on the “Integration of the children of immigrants in the labour market”, which finds, on the one hand, that the educational levels of the native population are significantly higher than those of the children of immigrants (61 per cent compared with 37 per cent with higher vocational training or university studies) and, on the other hand, that the existing differences in educational levels do not adequately explain the differences in the types of work obtained by the various groups, which would appear to suggest the existence of a certain level of discrimination in enterprises when selecting and recruiting young persons of foreign origin for the various types of job. The report suggests certain approaches in this regard, including the provision to young persons of permanent support and guidance services for their vocational careers and awareness-raising activities for enterprises on discrimination with a view to encouraging them to adopt mechanisms which prevent the risk of racist or xenophobic views entering into selection processes.

The Committee also notes the report “Evolution of discrimination in Spain”, dated 24 August 2018, of the Ministry of Health, Social Services and Equality, which analyses discrimination in the country on the basis of the surveys carried out in 2013 and 2016, referred to above, and brings to light the following aspects: (i) in terms of perceived discrimination, in the working environment, greater discrimination was perceived in 2016 in selection for employment positions, and particularly in access to positions of responsibility; (ii) the gypsy population still perceives itself as the group most affected by discrimination in access to employment; and (iii) in general, discrimination on ethnic or racial grounds continues to be the most widely perceived form of discrimination.

The Committee also notes the Operational Plan 2018–20 of the National Strategy for the Social Inclusion of the Gypsy Population 2012–20, available on the website of the Ministry of Health, Consumption and Social Welfare, which includes among its objectives improving the access to employment and reducing precarious work among the gypsy population and improving their vocational skills. The Committee notes that, according to the Operational Plan, the action to be taken in the next few years will be intended to: (i) promote greater participation by young and adult gypsies in employment and employability programmes; (ii) supplement employment and employability programmes for the population as a whole with specific programmes in coordination with associations representing gypsies; and (iii) make progress to improve coordination between the social services and employment services. The Committee encourages the Government to continue monitoring the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction throughout the country, in collaboration with workers’ and employers’ organizations. It requests the Government to provide information on the measures adopted or envisaged as a result of the diagnostic studies undertaken, particularly in relation to the children of immigrants, migrant workers, including migrant domestic workers, the Roma, and on the measures adopted in the context of the National Strategy for the Social Inclusion of the Gypsy Population 2012–20 and their results. The Committee also requests the Government to assess the impact of the action and measures taken to address discrimination in employment and occupation based on race, colour, religion and national extraction, and to provide information on this subject.

Article 2. Equality of opportunity between men and women. In its previous observation, the Committee requested the Government to continue taking proactive measures with a view to increasing the number of enterprises adopting equality plans and to indicate whether these plans are the outcome of collective bargaining. The Committee also requested the Government to provide information on the measures adopted within the framework of the Strategic Plan for Equality of Opportunity (PEIO) 2014–16 and the Special Plan for Equality for Women and Men in the World of Work and against Wage Discrimination 2014–16, as well as on the manner in which such measures are adjusted to the present crisis situation and the impact of such measures on the promotion of equality between men and women. It further requested information on the outcome of the evaluation of the Basic Act on effective equality for women and men of 22 March 2007 (No. 3/2007). The Committee notes that the Government has provided information on calls for subsidies for the development of equality plans, through which financing was provided to 273 projects during the period 2014–16, as well as on the advisory services, awareness raising, training and citizens’ information provided for the development of enterprise equality plans, which were managed by the Women’s Institute for Equality of Opportunities (IMIO). With regard to the participation of the social partners in the preparation of these plans, the Government recalls that, under the terms of section 45(5) of Basic Act No. 3/2007, “the development and implementation of equality plans is voluntary [for enterprises with fewer than 250 workers], based on prior consultation with the legal representatives of men and women workers”. In the case of enterprises with over 250 workers, such plans have to be the subject of negotiation. The Government adds that it will provide information on the findings of the evaluation of the PEIO 2014–16 when they are available. The Committee further notes the Government’s indication that the Special Plan for Equality for Women and Men in the World of Work and against Wage Discrimination 2014–16 was not approved. With reference to the evaluation of the Basic Act No. 3/2007, the Committee notes the Government’s indication that a periodic report 2012–13 was prepared, as well as a report on the principal activities 2014–15, which show that the socio-labour situation of women is improving slowly and that higher levels of equality are being achieved in almost all areas, although there continue to be obstacles and resistance to such changes.

The Committee also notes that, according to the CCOO, despite the fact that a significant number of equality plans have been negotiated and concluded in recent years, there are still many enterprises in which the process has not been commenced. The CCOO indicates that it is difficult to know precisely the number of equality plans which have so far been signed or are under negotiation. It adds that there is resistance by enterprises to the provision of data, and particularly wage data, as a basis for assessing the situation prior to the preparation of an equality plan. The Committee further notes that, according to the CCOO, very few agreements contain affirmative action measures in relation to the recruitment and promotion of personnel. The CCOO refers to the practice identified in certain agreements of indicating that “in the event of equal skills and capacities, the person with the greatest seniority in the enterprise shall be chosen”, which benefits men, as women have tended to enter the labour market later, and also have career interruptions due to their care work. With reference to the PEIO 2014–16, the CCOO indicates that the envisaged measures are generic and imprecise and that no information has been provided on the preparation of a new plan. The CCOO recalls that the fifth final provision of the Basic Act No. 3/2007 provides that “the Government shall undertake an evaluation, with the most representative unions and employers’ associations, of the situation of collective bargaining in relation to equality, and shall examine, on the basis of the changes noted, the measures which may be appropriate”. The CCOO indicates in this respect that a report on the impact of the Act was commissioned from a university, which may be considered as a replacement for the evaluation required by the Act in the above provision. The Committee notes that in its response to the CCOO’s observations, the Government indicates that: (i) the PEIO has been implemented through specific plans, namely the Plan of Action for Equality between Men and Women in the Information Society, approved in 2014, and the Plan for the Promotion of Women in Rural Areas, approved in 2015; and (ii) the IMIO is preparing the basic priorities of a new Strategic Plan for Equality of Opportunity. With reference to the issues of occupational segregation and equality of remuneration between men and women, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee recalls the important role played by workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation process provided for in the Convention assist in ensuring that the measures enjoy wide support and that policies are effectively implemented (2012 General Survey on the fundamental Conventions, paragraph 858). The Committee requests the Government to continue adopting proactive measures, in collaboration with the social partners, with a view to increasing the number of enterprises which adopt equality plans. The Committee also requests the Government to provide information on the findings of the evaluation of the PEIO 2014–16 and on any other measure envisaged or adopted under the PEIO with a view to promoting and guaranteeing equality of opportunity and treatment for men and women in the public and private sectors. Please also provide information on the application and impact of the new Strategic Plan for Equality of Opportunity.

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

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

The Committee notes the observations submitted by the Trade Union Confederation of Workers Commissions (CC.OO.), received on 8 and 22 August 2014, which were also submitted by the Government with its report. The Committee further notes the observations of the General Union of Workers (UGT), received 29 August 2014. The Committee also notes the Government’s reply to these observations received on 25 November 2014 which will be examined in due course.

Application. The Committee notes that, according to the UGT, the statistics on labour inspection activities related to acts of discrimination are not disaggregated according to the specific grounds of discrimination, with the exception of sex, which makes it difficult to assess the incidence of discrimination on grounds of race, colour, religion and national extraction in the world of work. The Committee also notes the adoption of Instruction No. 3/2011 concerning the monitoring of effective equality between women and men in enterprises under which the function of labour inspectors of investigating discrimination is now permanent and is no longer exclusively contingent upon a complaint being lodged. Under this Instruction, the labour inspection activities will focus on: equality plans; discrimination in labour relations; and risk prevention, with a focus on gender; sexual harassment; and the reconciliation of work and family life. The Government provided information on the cooperation agreement concluded between the Ministry of Employment and Social Security and the Ministry of Health, Social Services and Equality, with a view to encouraging compliance with the regulations in force. Similarly, it provided information on judicial decisions handed down in cases of discrimination, as well as statistics on labour inspections carried out and infringements registered on grounds of sex and grounds other than sex. The Committee requests the Government to take measures with a view to collecting statistical information disaggregated by sex and by other grounds of discrimination, including race, colour, religion and national extraction, and to send information in this respect. The Committee also requests the Government to provide information on the measures adopted by the labour inspectorate, in particular on the number and the nature of the violations detected as well as on any judicial or administrative decisions concerning cases of discrimination, the sanctions imposed, remedies provided, and to provide copies of relevant judicial decisions.

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

The Committee notes the observations by the Trade Union Confederation of Workers’ Commissions (CCOO), received on 8 and 22 August 2014, which were also submitted by the Government with its report. The Committee further notes the observations by the General Union of Workers (UGT), received on 29 August 2014. The Committee also notes the Government’s reply to these observations, received on 25 November 2014, which will be examined in due course.

Article 1 of the Convention. Discrimination based on race, colour, religion and national extraction. In its previous comments, the Committee requested the Government to provide information on the measures, programmes and plans of action to promote equality of opportunity and treatment and to address discrimination in employment and occupation based on race, colour, religion and national extraction. The Committee notes that, in its observations, the UGT indicates that the Government has not adopted plans of action and measures to promote equality of opportunity for immigrants. Nor has it taken measures to engage in social dialogue to promote codes of conduct and good practices in employment, as provided for under the Strategic Plan for Citizenship and Integration (PECI) 2011–14. There has also been a substantial cut in the budget allocated to the implementation of various measures, including the Strategic Plan. The Committee notes that, according to the Government, a comprehensive strategy to combat racism, racial discrimination, xenophobia and other forms of intolerance has been elaborated in the context of the PECI 2011–14. Although the strategy is not targeted at specific groups of the population, it takes into consideration the situation of migrants and Roma as the most vulnerable. Based on the principle of cross-cutting nature of the equality of treatment, provision has been made for a series of measures in various areas, such as education, awareness raising and employment. The Committee notes that, according to the Government, a project to establish a mapping of discrimination in Spain has been adopted, in the context of the PECI 2011–14, which involves conducting perception surveys and systematically collecting empirical and official data on complaints, infringements and penalties, as well as offences and crimes of a discriminatory nature. While noting the various measures, programmes and strategies adopted in the framework of the PECI 2011–14, the Committee notes that the Government has not provided information on the specific impact of these measures on addressing discrimination on grounds of race, colour, religion and national extraction in employment and occupation. The Committee emphasizes the importance of evaluating the impact of the measures adopted in the framework of the PECI 2011–14 in order to ascertain whether they have made an effective contribution to the elimination of discrimination on grounds of race, colour, religion and national extraction and to the promotion of equality of opportunity and treatment in respect of these grounds for all categories of workers in all sectors of employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraphs 844–847). The Committee requests the Government to ensure that the necessary resources have been allocated for the implementation of the action and measures provided for under the PECI 2011–14, in particular in the framework of the comprehensive strategy to combat racism, racial discrimination, xenophobia and other forms of intolerance. The Committee also requests the Government to assess the impact of such actions and measures addressing discrimination in employment and occupation for men and women on grounds of race, colour, religion and national extraction, in particular with respect to the situation of immigrants and the Roma. The Committee also requests the Government to provide information on the mapping of discrimination in Spain and the measures adopted as a result. The Committee requests the Government to provide information on this matter, as well as on all the obstacles and difficulties encountered.

Article 2. Equality of opportunity between men and women. The Committee notes that, in its observations, the CCOO indicates that the number of equality plans adopted by enterprises declined in 2013 and 2014 and that measures to achieve equality between men and women in all enterprises, including those with less than 250 workers, have been frozen. Furthermore, the tripartite evaluation of the Basic Act on effective equality between women and men (No.3/2007) has not yet been conducted. In its observations on the application of the Equal Remuneration Convention, 1951 (No. 100), the UGT also refers to the failure to adapt the Strategic Plan for Equality of Opportunities (PEIO 2014–16) to the present economic crisis, which has had a negative impact on women’s employment. The Committee notes the information provided by the Government on the various legislative measures and practices adopted to promote equal opportunities and treatment between men and women. The Committee also notes the various equality plans adopted by a number of enterprises, the subsidies granted to small and medium-sized enterprises to draw up such plans, and the increase in the percentage of collective agreements incorporating provisions concerning equality plans (from 63 per cent in 2012 to 64.44 per cent in 2014). The Government adds that an academic study on Act No. 3/2007 has been prepared, which was submitted to the trade union organizations as a basis upon which to make a tripartite evaluation of the Act in question. The Committee notes the evaluation of the PEIO 2008–11, according to which the progress registered in women’s access to education has not been reflected in terms of their access, tenure, working conditions and access to positions of responsibility. This may be attributed to, inter alia, the difficulty of reconciling family and work responsibilities and the marked segregation in education and employment. The Government states that these conclusions served as a basis for drafting the PEIO 2014–16. The Government also indicates that women’s participation in political life has increased significantly (almost 30 per cent of seats in the elections for deputies and senators and more than half of members of the judicial system), although they are poorly represented in academia. The Committee notes that as part of its strategic objectives, the PEIO 2014–16 seeks to tackle this situation and is providing for the adoption of a special plan for the equality of women and men at work and against wage discrimination 2014–16. The Committee refers in this respect to the comments it made when examining the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue taking proactive measures with a view to increasing the number of enterprises adopting equality plans and to indicate whether these plans are the outcome of collective bargaining. The Committee also requests the Government to provide information on the measures adopted in the framework of the PEIO 2014–16 and on the special plan for the equality of women and men at work and against wage discrimination 2014–16; as well as on the way in which such measures have been adjusted to the present crisis and the impact of such measures on the promotion of equality between men and women. Please also provide information on the findings of the evaluation of the Basic Act on effective equality for women and men (No. 3/2007).

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

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

Legislative and administrative measures. The Committee notes the legislative and administrative measures adopted by the Government to promote equality. The Committee emphasizes in particular the provisions amending the legal system currently in force, under the terms of Basic Act No. 3/2007 of 22 March on effective equality between women and men, which it noted in its previous observation. These provisions include: the amendment of the general electoral system, the amendment of Act No. 1/2000 on civil procedures which provides for the reversal of the burden of proof; the amendment of the Workers’ Charter (providing that instructions to engage in discrimination shall be void, establishing the possibility of adopting affirmative action for members of the under-represented sex and adopting measures to improve the balance between work and family responsibilities, among other substantive measures for the recognition of equality), and the amendment of the Labour Procedures Act. The Committee also notes the amendment of the Public Employment Statute, the Self employment Statute and the system of public equality institutions, as well as the establishment of the Equality Label granted to enterprises which stand out for their good practices in relation to equality. Finally, the Committee notes the collective agreements containing measures to promote equality, the provision respecting the registration and deposit of collective agreements with a view to establishing a database, as well as the Employment and Collective Bargaining Agreement 2010, 2011 and 2012, which emphasize that collective agreements shall include among their objectives compliance with the principle of equality. The Committee requests the Government to continue providing information on the application and impact in practice of Basic Act No. 3/2007 on effective equality between women and men, and particularly on the equality plans adopted in the context of enterprise collective bargaining and their impact on the implementation of the Convention.

Discrimination based on race, colour, religion and national extraction. The Committee notes with regret that once again the Government’s report does not contain information on this subject. The Committee notes the report on the development of racism and xenophobia in Spain, prepared by the Spanish Observatory on Racism and Xenophobia, which refers principally to the situation of immigrants in the country and emphasizes the interaction between attitudes of intolerance and situations of economic and employment crisis. The Committee once again requests the Government to provide information on the activities carried out by the Spanish Observatory on Racism and Xenophobia and the Council to Promote Equality of Treatment and Non-discrimination with regard to Racial and Ethnic Origin. The Committee particularly requests the Government to provide detailed information on the measures, programmes and plans of action to promote equality of opportunity and treatment and address discrimination in employment and occupation based on race, colour, religion and national extraction. The Committee also asks the Government to provide information on awareness-raising and educational programmes established to promote greater tolerance towards members of minority groups, and especially immigrants, persons of non-European origin and the Roma.

Observations made by the Trade Union Confederation of Workers’ Commissions (CC.OO.). In its previous observation, the Committee noted the observations made by the CC.OO. expressing concern as regards affirmative action measures in enterprises with fewer than 250 workers, the delay in the establishment of the Council on the Participation of Women in the Ministry of Equality and the difficulties faced by foreign women in gaining access to the labour market due to the fact that they work in the informal economy. The Committee notes the Government’s indications that: (1) with regard to affirmative action measures in enterprises with fewer than 250 workers (see the Equality Act), the Equality Label has been established and subsidies are available for the preparation and application of equality plans; (2) Royal Decree No. 1791/2009 determines the operation, competence and composition of the Council on the Participation of Women, a joint consultative and advisory body composed of representatives of women’s organizations and associations; and (3) with regard to the access of foreign women to the labour market, Orders Nos TAS/3698/2006 and TAS/711/2008 regulate the registration of non-Community foreign workers with public services and employment agencies, a guide has been prepared for public administrations on how to address the integration of immigrant women and an analysis has been published of the labour market situation of immigrant women, methods of integration, sectors with employment opportunities and enterprise initiatives. These studies will provide a basis for the preparation of more effective legal, policy and strategic measures to address the issue. The Committee requests the Government to provide further information on the concrete proactive measures adopted in enterprises with fewer than 250 workers, and the measures adopted with a view to achieving the integration of immigrant women into the labour market and their impact in practice.

The Committee also requests the Government to provide information on the following:

• (i) the Strategic Plan for Equality of Opportunities (2008–11) and its impact;
• (ii) the regular evaluation report on the impact of Basic Act No. 3/2007 of 22 March on effective equality for women and men, undertaken in accordance with the fifth final provision of the Act; and
• (iii) the report evaluating the impact of Basic Act No. 1/2004 respecting comprehensive protection measures against gender violence.

Statistical information. The Committee notes the statistical information attached to the Government’s report, particularly on the numbers of self-employed workers and the proportion of workers with contracts without limit of time and fixed-term contracts disaggregated by sex. The Committee further notes the positive trend in the activity rate of women. The Committee requests the Government to continue providing statistical information relevant to the application of the Convention.

Labour inspection. The Committee notes the information provided by the Government on the activities undertaken by the labour inspection services during the period 2008–10. It notes in particular the increase in scheduled inspections and those undertaken following complaints by workers, the number of workers affected, the types of violations committed and the penalties applied to the enterprises concerned. The Committee also notes the campaign carried out in the hotels, financial institutions, commerce, textiles, metallurgy and cleaning sectors with a view to identifying wage discrimination, the findings and the penalties applied. The Committee requests the Government to continue providing information on the activities carried out by the labour inspection services with a view to the application of the Convention, and particularly the results of the 2010 campaign on wage discrimination.

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

The Committee notes that on 5 September 2008 a communication on the application of the Convention was received from the Trade Union Confederation of Workers’ Commissions (CC.OO), which was forwarded to the Government on 18 September 2008. The CC.OO expresses concern at the negotiation of affirmative action measures in enterprises with fewer than 250 workers, because the Council on the Participation of Women has still not been established within the Ministry of Equality, and because many foreign women are having difficulty securing recognition of their right to enter the labour market owing to the fact that they work in the informal economy. The Committee will examine these matters together with any comments the Government may wish to make.

Legislative and administrative measures.  The Committee notes that the Government has adopted a series of legislative and administrative measures to promote equality. Regarding gender equality, it takes note of Basic Act No. 3/2007 of 22 March on effective equality between women and men. The Act transposes European Union Directive No. 2002/73/EC on equal treatment for men and women as regards access to employment, vocational training and promotion, and among other things amends the Workers’ Regulations laying down the right of workers’ representatives to receive information on the application of the principle of equal treatment at work, establishes the duty to negotiate measures to promote equal treatment, for inclusion in collective agreements, enhances protection against discriminatory dismissal, and contains provisions on reconciling family life and work. With regard to migrant workers, orders have been adopted (Nos TAS/3698/2006 and TAS/711/2008) to regulate the registration of non-community foreign workers in public employment services and employment agencies. As regards persons with disabilities, the Government has issued Royal Decrees Nos 1417/2006 and 1414/2006 on a system of arbitration to resolve complaints and on the application of Act No. 51/2003 on equality of opportunity for persons with disabilities. The Committee asks the Government to continue to provide information on these matters, including copies of the provisions of collective agreements setting out measures to promote equality, pursuant to Basic Act No. 3/2007, and on the practical implementation of the right of worker’s representatives to receive information on the application of the principle of equality at work. Please also provide information on the number and nature of complaints filed alleging discrimination in employment and occupation and the outcome thereof.

Discrimination based on race, colour, religion and national extraction. In its previous comments, the Committee requested information regarding the Spanish Observatory on Racism and Xenophobia which was established in 2003 and regarding the Council to Promote Equal Treatment and Non-discrimination with regard to racial and ethnic origin. The Committee once again notes with regret that the Government’s report does not contain the information requested on the activities carried out by the Council. The Committee once again asks the Government to provide information on the activities carried out by the Council to Promote Equal Treatment and Non-discrimination with regard to racial and ethnic origin and by the Observatory, including information on any proposals that may have been made and the action taken on them. The Committee also hopes that the Government will provide information on programmes and plans of action to promote equality of opportunity and treatment  with regard to racial or ethnic origin in employment; and on awareness-raising and educational programmes to promote better understanding and greater tolerance among the public, the competent authorities at all levels and in the working environment, in respect of persons belonging to minority groups, particularly migrants and nationals of non-European origin and the Roma people.

Statistical information. The Committee takes note of the statistical information sent by the Government. It would be grateful if the Government would continue to provide such information and would indicated the proportion of men and women in precarious employment.

Labour inspection. The Committee notes that according to the report, the Labour and Social Security Inspectorate 2008–10 has prepared a plan of action with a view to verifying that equality between men and women is effectively applied in enterprises, and that Instruction No. 2/2008 has been issued in this connection. The Committee requests the Government to provide information on the implementation of the plan of action.

The Committee also requests the Government to provide further information on the application of the Convention in practice and in particular to ensure that the information more directly responds to the Committee’s comments.

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

Discrimination based on race, colour, religion and national extraction.

1. In its previous comments, the Committee referred to serious incidents that had occurred in 2000 in the provinces of Murcia, Alicante and Almería affecting migrant workers of Moroccan extraction and it requested the Government to indicate the measures taken to raise public awareness and promote better understanding and tolerance towards persons belonging to minority groups. It also examined the issue under the Migration for Employment Convention (Revised), 1949 (No. 97), and in 2004 decided to pursue its examination of the matter in the more general framework of the measures to be taken by the Government in the context of Convention No. 111 to eliminate discrimination in employment on the grounds of race, colour, religion and national extraction.

2. The Committee notes the establishment in 2003 of the Spanish Observatory on Race and Xenophobia, which is a new body entrusted with carrying out studies and analyses, with the capacity to make proposals to combat racism and xenophobia. In 2003, the Committee referred to the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin.

3. However, the Committee notes that the Government’s report does not contain the information requested on the activities carried out by the above Council. The Committee hopes that the Government will provide information in its next report on the activities undertaken by the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin and by the Observatory, including the proposals that it has made and the action taken to give effect to them. The Committee also hopes that, in its next report, the Government will indicate in particular:

(a)   the number and nature of complaints for breaches of the provisions of the law dealing with discrimination in employment and occupation, and the outcome of such complaints;

(b)   the programmes and plans of action established to promote equal opportunity and treatment in employment with regard to racial or ethnic origin; and

(c)   any measures adopted in collective agreements in accordance with the law.

4. The Committee once again hopes that the next report will contain information on the awareness-raising and education programmes undertaken to promote among the public, all levels of the competent authorities and at work, a better understanding and greater tolerance towards persons belonging to minority groups, and particularly migrants, nationals of non-European extraction and the Roma.

5. Finally, the Committee asks the Government to provide fuller information in its next report on the application of the Convention in practice and, in particular, to provide information more closely related to the comments made by the Committee.

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

1. Legislative and administrative measures and agreements. The Committee notes with interest that during the period covered by the report, legislation, agreements and other measures have been adopted which contribute to the application of the principle laid down in the Convention. These include: (1) Royal Decree No. 1600/2004 of 2 July 2004, developing the basic organic structure of the Ministry of Labour and Social Affairs and establishing within the Ministry the General Secretariat for Equality Policies to which the autonomous Institute for Women is attached; (2) the Declaration for Social Dialogue, concluded on 8 July 2004 by the Government and the social partners, which establishes that “the Government and the social partners, through the means available to them, shall seek concerted solutions to promote the employment integration of women and improve their conditions of work”; (3) the inter-federal agreement on collective bargaining, 2005 (ANC 2005), concluded on 4 March 2005 and extended on 26 January 2005, which promotes the inclusion in collective bargaining of practical action to eliminate direct and indirect discrimination; (4) the agreement of the Council of Ministers to adopt measures to promote equality between women and men (Order No. PRE/525/2005 of 7 March), adopting a series of measures to advance the various forms of action which contribute on a daily basis to reducing inequality, such as, for example, the provision that 60 per cent of the actions covered by the National Plan of Action for Employment shall target women and the adoption of measures in the public and private sectors to promote women’s employment; and (5) the Plan for Gender Equality in the General State Administration of 4 March 2005, containing affirmative action measures, and the National Reform Programme of 2005 which, in the section on “market and social dialogue”, envisages the formulation of a Bill on equality between men and women. The report also refers to the preliminary draft of the Organic Act on equality between men and women, which was sent by the Council of Ministers on 3 March 2006 to the preliminary advisory bodies prior to being forwarded to Parliament, and which contains measures promoting the application of the Convention.

2. Information on the application of the Convention in practice and on equality between men and women. The Committee, while noting with interest the measures referred to above, observes that the report contains little information on the application of the Convention in practice. The Committee once again hopes that the next report will contain information on the practical results obtained through these measures. It would particularly appreciate receiving statistics showing developments in:

(a)   women’s activity rates (activity rate, unemployment rate, percentage of women among the long-term unemployed);

(b)   the proportion of women among workers in precarious employment and in part-time work; and

(c)   the distribution of women by vocational qualifications, sector of employment, level of post and remuneration.

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

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

Promotion of equality between men and women

1. The Committee notes the information supplied by the Government in response to the previous direct request. It notes in particular the fourth Plan for Equal Opportunities for Men and Women, for the period 2003-06; the chapter on equal opportunities for men and women in the inter-confederational agreement on collective bargaining; the Institute for Women’s programmes to promote women’s participation in the labour market; and the National Action Plan for Social Integration, for the period 2003-05.

2. The Committee hopes that the next report will contain information on the practical results obtained by these measures. It would particularly appreciate receiving statistics showing developments in:

-  women’s activity rates (activity rate; unemployment rate, percentage of women among the long-term unemployed);

-  proportion of women among workers in precarious employment and in part-time work; and

-  the distribution of women by occupational qualification, sector of employment, level of post and remuneration.

3. The Committee also requests the Government to indicate whether it has conducted, or plans to conduct, an evaluation of the effectiveness of the existing framework to promote equal opportunities and treatment in employment for women, and of the main difficulties still to be overcome. The Committee notes in this connection that the report contains little information on the distribution of family responsibilities between men and women and the measures taken to facilitate balancing of family and occupational responsibilities. It hopes that the next report will indicate the measures taken or envisaged in this area.

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

1. Discrimination based on race, colour, religion and national extraction. In its observation of 2002, the Committee requested the Government, in view of these serious incidents that had occurred in 2000 in the provinces of Murcia, Alicante and Almeria affecting immigrant workers of Moroccan extraction, to indicate the measures taken with a view to raising public awareness and promoting tolerance towards minority groups and encouraging their integration in the economic and social life of the country.

2. The Committee notes that in reply to that observation, the Government merely repeats the information supplied in 2001 in the report on the Migration for Employment Convention (Revised), 1949 (No. 97), to the effect that a number of bodies have been established to deal with immigration policy and that a new programme has been adopted to regularize and coordinate immigration. No information has been provided on specific measures taken in order to raise public awareness and to promote tolerance towards minority groups.

3. The Committee notes, however, that the last report mentions other important new initiatives to combat discrimination. In particular, Act No. 62/2003 of 30 December 2003 establishes, in Chapter III, a series of measures to apply effectively and in practice the principle of equal treatment and non-discrimination particularly in respect of racial or ethnic origin, religion or belief, disability, age and sexual orientation. It introduces the notion of indirect discrimination into Spanish law and treats harassment on the above grounds as discrimination. It shifts the burden of proof where there is a clear presumption of discrimination on these grounds. It allows positive action in order to prevent and compensate disadvantages experienced by certain groups and the inclusion in collective agreements of measures to combat all forms of discrimination and to prevent harassment. The Act also sets up a Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin. The Council’s mandate is to assist the victims of discrimination and forward their complaints, to conduct studies and publish reports on the subject and to promote measures that can help to eliminate discrimination.

4. The Committee notes these measures with interest. It hopes that the next report will contain information on their application in practice, including:

-           the number and nature of complaints of breach of the provisions of the law dealing with discrimination in employment and occupation, and the outcome of such complaints;

-           programmes and plans of action to promote equal treatment in employment with regard to racial or ethnic origin;

-           any measures adopted under collective agreements pursuant to the Act; and

-           the activities of the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin.

5. The Committee again expresses the hope that the next report will contain information on the awareness-raising and education programmes undertaken to promote, among the public, all levels of the competent authorities and at work, better understanding and greater tolerance towards persons belonging to minority groups, particularly immigrants and nationals of non-European extraction, and Roma/Gypsies. The Committee refers the Government in this connection to its observation on Convention No. 97 in which it examines the communication from the Moroccan Democratic Federation of Labour alleging aggression against Moroccan workers in Spain - evidence of the need for vigorous action to combat racist and xenophobic ideas.

6. The Committee hopes that the Government’s recent initiatives, particularly the creation of the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin will be an incentive to the collection of statistical and other data showing how members of minority groups fare on the labour market which can be used to formulate effective policies for these minorities and evaluate the policies’ practical outcomes.

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

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

The Committee notes the very detailed information provided by the Government in its report and the annexes to the report.

1. The Committee notes with interest the entry into force of Act No. 12/2001 adopting urgent measures to reform the labour market with a view to increasing and improving the quality of employment. It notes that the Act envisages a series of measures intended to increase stable employment, with a broadening of the categories of women who can benefit from incentives for permanent contracts, either full time or part time. It also notes Act No. 39/1999 to promote the reconciliation of work and family life for women workers, to which the Committee will refer in its comments on Convention No. 156. The Committee also notes the various legislative measures adopted to promote the integration of persons with disabilities into the labour market.

2. The Committee notes the information provided on the employment programmes carried out in 2000 by the Institute for Women. It also notes the intention to strengthen the action of existing procedures to ensure the application of the principle of equality, with the objective of coordinating policies on equality of opportunity with the aim of attaining the average level of women’s employment in the European Union. The Committee requests the Government to provide information on the activities and studies undertaken by the Observatory of Equality of Opportunities for Men and Women in so far as they relate to equality in employment and occupation.

3. The Committee notes that, according to the statistics compiled by the Institute for Women, a total of 59.29 per cent of students with university degrees are women, although this figure falls to 26.27 per cent for technical university courses, with 57.92 per cent of women with degrees having followed courses in law and social science. The Committee requests the Government to provide information on the vocational guidance programmes offered to young persons, avoiding stereotypes and archaic approaches leading to an occupation or profession being reserved for persons of a specific sex.

4. The Committee also notes the precariousness of women in employment, taking into account the high rate of part-time work by women in comparison with men. The Committee requests the Government to provide information on the influence of "family responsibilities" in leading women to opt for this type of employment.

5. The Committee notes with interest the rulings issued in 1999 and 2000 by the Supreme Court, the higher courts and the Constitutional Court relating to the principle of non-discrimination on grounds of sex in employment and occupation, with particular reference to the ruling which found that the encouragement of men to seek a job in an enterprise was a discriminatory practice, despite the fact that there was no inequality of treatment in the selection process, since discrimination had already been perpetrated indirectly, with more men than women applying for the job.

6. The Committee notes the concern expressed by the Committee for the Elimination of Discrimination against Women (CEDAW) in 1999 (document A/54/38, paragraphs 236-277) at the situation of Spanish women on the labour market. In its report, CEDAW emphasizes that the employment rate of women is one of the lowest in Western European countries, that women continued to be inadequately represented in jobs corresponding to their educational level, that the unemployment rate of women is almost double that of men, that women earn on average approximately 30 per cent less than men and that the promotion of part-time work does not resolve the long-term structural issues raised by the double burden borne by women of paid and unpaid work. The Committee observes that the situation has not improved significantly in recent years. The Committee notes that, according to the statistics compiled by the Institute for Women: (a) the activity rate of women continues to be very much lower than that of men, irrespective of their level of training (39.8 per cent in 2000 and 40.36 per cent in 2001, while the rate for men was 63.8 and 64.19 per cent, respectively); (b) of the total employed population in 2001, only 37.86 per cent were women; (c) the unemployment rate of women is considerably higher than that of men (20.5 per cent in 2000 and 18.65 per cent in 2001, compared with 9.7 and 9.08 per cent, respectively). The Committee requests the Government to continue providing information on the activities undertaken by the Institute for Women and other bodies (including the equality organizations of the Autonomous Communities and the Sectoral Conference for Women) with a view to promoting equality of opportunity and treatment in employment and occupation for women, particularly with regard to access to employment.

7. With regard to the activities of the labour inspectorate in relation to discrimination in conditions of work and access to employment, the Committee notes the information provided by the Government that, while the number of interventions increased significantly in 1999 and 2000 in relation to 1997 and 1998, the number of infringements reported is similar. The Committee requests the Government to continue providing statistical information on the infringements reported with regard to equality in employment and occupation on the grounds covered by the Convention. The Committee also requests the Government to indicate in future reports the grounds on which discrimination has occurred, and not just to confine itself to indicating that discrimination occurred "in respect of the conditions of other workers", or "discrimination in access to employment in respect of other workers".

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

In its previous comments, the Committee referred to discrimination in employment and occupation on grounds of race, colour, religion and national extraction. While noting the information provided by the Government in its report on the measures adopted by the Labour and Social Security Inspectorate to resolve the problems which had arisen in the agricultural sector with regard to foreign workers in the provinces of Murcia, Alicante and Almería, the Committee notes that no information was supplied on awareness-raising measures and the promotion of social integration of minorities. The Committee therefore once again requests the Government to provide information on the measures that have been taken with a view to raising public awareness of the problem of discrimination on grounds of race, colour, religion and national extraction, as well as any affirmative action taken or envisaged to promote the integration of Moroccan workers and other minorities and ethnic groups into the social and economic life of Spain. The Committee trusts that the Government will take the necessary measures to guarantee tolerance, understanding and respect by the population for these groups and that it will provide detailed information on such measures in its next report. The Committee also requests the Government to provide information on the statistical surveys undertaken in the labour market with a view to analysing the impact of its policy on the situation experienced by Moroccan workers and other minorities in the various sectors of the economy, their access to vocational guidance and training measures, their admission to employment, their conditions of work and their distribution at the various occupational levels.

In addition, the Committee is addressing a request directly to the Government on other matters.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the communication presented by the General Workers’ Union (UGT) dated 20 January 2000. It also notes the communication of the Democratic Confederation of Labour (CDT) of Morocco, dated 29 February 2000. The Committee notes the Government’s reply, dated 20 September 2000, to the CDT’s communication. The Committee will address only those issues relevant to the application of Convention No. 111 in this comment.

2.  Discrimination on the basis of sex.  The UGT’s comments indicate that, while the situation of women in the Spanish labour market has improved, women are still disadvantaged, particularly in respect of access to employment and equality of remuneration. The Committee invites the Government to submit any response it may deem appropriate to the UGT’s comments, which the Committee will examine at its next session.

3.  Discrimination on the basis of race, colour, religion and national extraction.  The CDT communication describes the events that took place during the month of February 2000 in El Ejido (Province of Almería, in the autonomous region of Andalusia), in which Moroccan workers residing in the region were attacked and beaten. The communication states that most of these workers are employed in the agricultural sector, working in greenhouses where the temperature may reach up to 50 degrees Celsius and where their exposure to pesticides leaves them with pulmonary and skin diseases. In general, the Moroccan workers in this region are neither insured nor do they have work papers, and they can be found residing in ghettos, living in makeshift cardboard or plastic shelters. The injuries suffered by this group of workers and their living and working conditions as described in the CDT’s comments, as well as the Government’s reply to those comments, are set forth in detail in the Committee’s comments on the Migration for Employment Convention (Revised), 1949 (No. 97).

4.  The Committee notes that, following the events that took place in El Ejido, representatives of immigrant associations, employers’ and workers’ organizations signed an Agreement on 12 February 2000, according to which the central Government, the autonomous government of Andalusia, and the employers’ and workers’ organizations undertook to take certain steps to, among other things, re-house and compensate the workers injured due to the events described, launch a programme for the construction of low-cost housing, regularize those workers that were undeclared and without working papers, establish information centres to provide assistance to foreign workers, develop intercultural programmes designed to promote the social integration of the immigrants, and create a permanent committee, composed of the parties to the Agreement, to monitor the execution of the measures agreed upon.

5.  In its reply to the CDT communication, the Government indicates that, at a meeting on 10 April 2000, the permanent committee found that the Agreement had been complied with overall, although it acknowledged that certain measures still remained to be implemented. Thus, the committee was dissolved by consensus, and the Board for the Social Integration of Immigrants in Almería was charged with the task of ensuring that those steps still not implemented were in fact carried out. The Government lists the measures taken in compliance with the Agreement, including finding housing for those workers whose housing was destroyed, payment of compensation for damages sustained, the regularization of most of the migrant workers from Morocco or elsewhere, the effective application of the collective agreement for the agricultural sector, and the investigation by the authorities of the events that took place in El Ejido.

6.  The Committee expresses its concern with regard to the events described. It considers that these events, to the extent that they have an impact on employment and occupation opportunities and conditions of work, involve acts of discrimination on the basis of race, colour, religion and national extraction as covered by the Convention. The Committee recalls that appropriate national legislation that is in conformity with the Convention is a necessary, but not sufficient condition for the effective application of the principles of the Convention. Recalling furthermore that the prohibition of discrimination is not enough to eliminate it in practice, the Committee notes that the effective struggle against discrimination in employment and occupation may take the form of measures such as affirmative action programmes, public awareness-raising campaigns, the establishment of relevant institutional bodies with promotional, advisory or monitoring functions and, in accordance with Article 2 of the Convention, the formulation of a national policy declared and applied with the aim of eliminating discrimination based on all of the grounds prohibited by the Convention. The Committee requests the Government to supply information on all measures adopted to guarantee equality of opportunity and treatment to workers of foreign extraction, including Moroccans, in respect of access to employment and occupation, vocational training and conditions of employment, as well as to promote the practical application of the principle of non-discrimination. The Government is also requested to supply information on all measures taken to raise public awareness of the problem of discrimination on the basis of race, colour, religion and national extraction and to promote the integration of Moroccan workers and workers of other minorities and ethnic groups in Spanish society and economic life.

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

1. The Committee requests the Government to provide information in its next report in respect of the measures adopted to ensure equality of opportunity in matters of employment and vocational training to the Rom (Gypsy) minorities and other minorities in the country who are disadvantaged in the labour market.

2. In regard to its earlier comments, the Committee reiterates its request to the Government to supply information on any measures adopted or envisaged to promote women's access to education and training. Furthermore, the Committee again requests the Government to inform it of the reasons for the decrease in the number of young women admitted to educational institutions.

3. The Committee also notes with interest the information supplied by the Government on the decisions of the Supreme Court, the Constitutional Court and other higher courts of justice regarding the principle of equality of remuneration between men and women and non-discrimination based on sex as well as the annulment of the dismissal of workers absent on maternity leave. The Committee requests the Government to continue providing information on the decisions of the Spanish courts in regard to the Convention, including decisions on the principle of non-discrimination on the grounds of the other criteria contained in the Convention.

4. The Committee notes the information supplied by the Government on the activities of the Labour and Social Security Inspectorate on the subject of discrimination in 1997 and 1998, in connection with access to employment and with working conditions, listing the acts and offences identified with respect to women workers, disabled workers and other workers. The Committee hopes that the Government will continue to supply detailed information on the subject. The Committee requests the Government to continue supplying information on these measures, including offences reported by the Labour and Social Security Inspectorate and decisions applying the legislation in question.

5. The Committee requests the Government to send it copies of the new Employment Action Plan, the IVth Community Action Programme, the Spanish Government's IIIrd Plan for Equality of Opportunity between Men and Women, cited in the Government's report. In addition, the Committee requests the Government to continue supplying information on its activities in this area.

6. The Committee notes with interest the various measures taken by the Government to promote employment for disabled people, as well as Royal Decree 4/99 of 8 January, which increases the subsidy given for permanent, full-time engagement of this category of workers and Act 66/1997 of 30 December 1997 which sets out the obligation for enterprises having more than 50 permanent workers to reserve 2 per cent of the jobs in the total workforce for disabled workers.

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

1. The Committee notes the detailed information supplied by the Government in its report. In regard to non-discrimination based on sex, the Committee notes with interest the large number of measures taken by the Government to foster the integration of women into the labour market, such as the new laws to encourage recruitment of women to permanent posts, providing incentives for social security and incentives of a fiscal nature which give employers the right to receive a reduction of their social security contributions. It notes in particular Act 64/97 of 26 December 1997, which promotes the hiring on permanent, full-time contracts of women belonging to the long-term unemployed in professions or occupations in which they are under-represented, granting the employer a 60 per cent reduction in social security contributions for 24 months after the engagement. The Committee would be grateful if the Government would supply information in its next report on the effect these measures have had on women's situation in the Spanish labour market.

2. The Committee also notes with interest that Act 50/1998 of 30 December has introduced sexual harassment into section 96 of the Act on the Status of Workers as a new type of serious offence in labour matters when it occurs within the ambit covered by the authority of the company's management. It also notes that Organic Law 11/99 of 30 April has modified section 1984 of the Penal Code which includes sexual harassment as a violation of workers' rights, when it occurs in the framework of the labour relationship.

3. The Committee notes the Government's reply to the comments made by the General Workers' Trade Union (UGT) in 1997. The Government indicates that its entire policy in regard to equality of treatment and opportunity between men and women in employment and occupation is designed to promote sociocultural change in Spain, facilitating application of the Convention. In this context, the Committee notes the Government's statement in its report to the effect that the promotion of equality of treatment and opportunity between men and women is an essential part of the 1998 Employment Action Plan (Revised) and that, in accordance with the Treaty of Amsterdam (section 3(2)), the Government's intention is that equality between men and women will be embodied in all its policies and all its plans and projects. The Committee would be grateful if the Government could provide information on the positive action taken to promote sociocultural change in the country, which encourages participation of Spanish women in the labour market, particularly with regard to the sharing of family responsibilities. With reference to specific labour inspection measures for the purpose of eliminating discrimination on the grounds of sex, the statistics sent by the Government show that, in 1998, there were slightly less than half the number of inspections on discrimination against women which were carried out in 1997. The Committee requests the Government to explain the reasons for this significant decrease.

The Committee is sending the Government a direct request on various matters.

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

The Committee refers to its observation in respect of the Convention and requests the Government to provide additional information on the following points.

1. In its previous observation of 1995, the Committee had noted that the number of young women under 25 years of age who attend educational institutions had fallen from 50.8 per cent in 1990 to 41.3 per cent in 1994. The Committee again requests the Government to provide reasons for this decrease and to continue to provide information with regard to access of women to education and training and any measures adopted or envisaged to increase aid to young women who wish to attend educational institutions.

2. The Committee requests the Government to provide information in respect of the measures adopted to ensure equality of opportunity in matters of employment and vocational training to the Roma minority and other groups of persons who are in a situation of economic and social exclusion.

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

1. The Committee notes the detailed information provided by the Government in its last report in respect of the application of the Convention, which was received in 1997 and not examined at the time due to the examination of the representation, submitted by the General Confederation of Labour of Argentina (CGT), and the information provided by the General Workers' Trade Union (UGT) of 22 January 1998. The Committee also notes the report of the Governing Body Committee established to examine the representation by the CGT submitted in 1997 under article 24 of the ILO Constitution concerning the question of the practice of dentistry in Spain by Argentinean dentists with Argentinean diplomas (document GB.272/7/3). The Governing Body Committee concluded that there had been no violation in law and in practice of Convention No. 111 in this respect.

2. In its previous comment, the Committee had noted the adoption of new legislation promoting non-discrimination on the grounds of gender and had requested the Government to provide information on the application in practice of the new legislation. The Committee notes the detailed information provided by the Government concerning the importance it places on the active policy to promote equality between men and women in social matters. The Committee also notes with interest that under sections 53.4 and 55 of the new text of the Workers' Statute, adopted by Royal Legislative Decree No. 1/1995, governing termination of employment contracts for objective or disciplinary reasons, discrimination constitutes a basis for nullifying the dismissal. It also notes the recent insertion of section 184 into Organic Act No. 10/1995 respecting the Penal Code of 23 November which lays down that sexual harassment is an offence (thus classifying sexual harassment among the list of offences against workers' rights, under section 314 of the Penal Code, which includes acts of serious discrimination against a person and failure to re-establish equality upon request or administrative sanction).

3. The Committee also notes with interest the various decisions handed down by the Constitutional Court following appeals (amparo) for protection, in respect of the alleged violation of the principle of equality in matters of remuneration and non-discrimination on the ground of sex, as well as the sentences issued by the Supreme Court and other courts which nullify the dismissal of workers who have taken maternity leave and which pronounce on inequality of remuneration and sexual harassment. Finally, the Committee notes the Government's statement with regard to the activities of the Labour and Social Security Inspectorate in matters of discrimination in employment and occupation during 1995 and 1996, and the list of proceedings and violations registered concerning discriminatory practices against female, disabled and other categories of workers.

4. The Committee also notes the comments made by the UGT, to the effect that discriminatory practices in employment and occupation for reasons of sex will only be completely eradicated when the Government adopts legal and other measures designed to accelerate the socio-cultural exchange in the division of family responsibilities. The UGT further pointed to the need, above all, for specific inspection measures to prevent discrimination in matters of remuneration (working women's wages are 20 to 30 per cent less than their male counterparts) and access to employment, promotion and advancement, areas in which women are seriously discriminated against. The Government has not submitted comments on these points. The Committee hopes that the Government will communicate detailed information in respect of the measures taken in this regard.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Governing Body at its 270th Session (November 1997) declared receivable a representation made by the General Confederation of Labour of Argentina (CGT), under article 24 of the ILO Constitution, alleging non-compliance by Spain with the Convention. In accordance with its usual practice, the Committee is postponing its comments on the application of the Convention pending the Governing Body's adoption of the conclusions and recommendations of the tripartite committee appointed to examine the matter.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's reports, in particular the detailed description of the various programmes initiated by the Government within the framework of the integrated plan for the promotion of employment and vocational training opportunities for women, including the Plan for Equal Opportunities for Women II (1993-95), NOW (New Opportunities for Women) and the Sofia Network (Red Sofia).

1. The Committee notes that the process of promulgation of the Bill (Draft Labour Health Act) to replace the Decree of 26 July 1957 concerning industries and occupations prohibited to women has been interrupted by the national general elections. The Committee requests the Government to keep it informed of the adoption of this Bill and to provide a copy of the new Act once it has been promulgated.

2. The Committee notes the information provided on the various measures undertaken to guarantee equality of opportunity to employment and vocational training opportunities to the Roma (gypsy) minority, and other socially and economically marginalized groups. In particular, it notes Order No. 3 of August 1994 for the creation of Entrepreneurial Initiative Centres to evaluate and facilitate the self-employment of young members of the Roma minority and the programmes against poverty and social exclusion of the General Directorate of Social Action. It requests the Government to continue to provide information in this regard.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information in the Government's reports, in particular the attached judgements of the Constitutional Court in favour of promoting equality for women workers in face of various discriminatory acts.

1. The Committee also notes the observations submitted by the General Union of Workers (UGT) alleging continuing discrimination in employment against women, young workers engaged under the new form of apprenticeship contract (contratos de aprendizaje) and persons infected with the HIV virus. The Committee asks the Government to reply to these comments, which were transmitted to it on 3 August 1995.

2. The Committee notes with interest the adoption of new legislation promoting non-discrimination on the ground of sex, in particular Act No. 11 of 19 May 1994, which amends previous legislation including the Workers' Statute. Act No. 11 of 19 May 1994 prohibits discrimination in occupational classification and promotion, and modifies section 28 of the Workers' Statute to incorporate the principle of equal pay for work of equal value. In addition, it notes that Act No. 4 of 23 March 1994 on parental and maternity leave provides economic benefits to those companies which allow their workers to take leave up to a period of three years from the birth of a child and from the time of adoption; and that Act No. 42 of 30 December 1994 on fiscal, administrative and social measures to promote employment provides economic benefits to enterprises engaging women workers (for example, section 44 establishes the programme for the development of employment for 1995 to encourage enterprises engaging women in professions or occupations where they are under-represented and to allow the conversion of temporary contracts to indefinite ones; and section 40 amends the terms of temporary contracts thereby facilitating the access to jobs of women workers). Noting that women accounted for 59.8 per cent of all temporary contracts entered into under the new system in 1994, the Committee requests the Government to provide information on the application in practice of the new legislation in relation to equality of access to employment between men and women.

3. The Committee notes from the statistics provided in the reports that there is an increase in the number of women entering the labour force, and that a greater number of women over the age of 25 years is now enrolled in educational institutions. However, it notes that the number of women under 25 who have gained access to educational institutions has decreased from 50.8 per cent in 1990 to 41.3 per cent in 1994. The Committee requests the Government to explain this decrease which was not apparent for male students of the same age group, and to continue to provide information on the access of women to education, training and employment, including any measures taken or contemplated to increase the attendance of young women in educational institutions.

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

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

With reference to its previous direct requests, the Committee notes the information contained in the Government's report, including the attached legislative texts and judicial decisions concerning wage discrimination on the basis of sex.

1. The Committee notes the detailed information provided on the programmes undertaken by, inter alia, the Women's Institute and the Industrial Organization School and the National Employment Institute (INEM) with the Ministry of Social Affairs, to promote access to employment and vocational and professional job training for women workers. The Committee would be grateful if the Government would continue to supply information on these programmes, including statistical data on the results achieved, or on any other activities designed to promote equality of opportunity and treatment in employment and occupation for women.

2. With reference to the Bill aimed at replacing the Decree of 26 July 1957 concerning industries and occupations prohibited to women workers, the Committee notes from the Government's latest report that the Bill (Draft Labour Health Act) is currently at an advanced stage in the procedure and an agreement has been reached with the most representative trade union confederations. The Committee once again requests the Government to supply a copy of the new Act once it has been promulgated.

3. The Committee notes the information supplied on the progress achieved to guarantee to the Roma (gypsy) minority access to employment and training, evidenced by the number of courses and the number of students belonging to the Roma minority that have benefited from the programmes included in the National Vocational Training and Integration Plan (FIP Plan) for vocational training of socially marginal persons and ethnic minorities. The Committee would be grateful if the Government would continue supplying information on further measures that have been implemented or are contemplated to guarantee the Roma minority equal access to employment and training.

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

Referring to its previous comments, the Committee notes the detailed information supplied by the Government in its report and the attached documentation. The Committee also notes the observations submitted by the General Union of Workers (UGT), which the Government transmitted in its report together with its own comments.

1. The Committee notes with interest the adoption of new legislative measures designed to enforce standards of non-discrimination in employment, particularly section 96 of the Labour Procedure Act (promulgated by Legislative Decree No. 521 of 27 April 1990), which reverses the burden of proof by requiring defendant employers to demonstrate a reasonable, objective and sufficiently proven justification for the measures taken and their proportionality in cases where it appears from the allegations that there exist elements of discrimination on the ground of sex. It requests the Government to provide information on the application in practice of the new procedure.

2. The Committee notes from the latest statistics provided that women have improved their situation in the labour market relative to men. It requests the Government to continue supplying information on all progress achieved with regard to women in the labour market.

3. The Committee nevertheless again notes the concern expressed by the UGT over the persistence of discrimination against women. In particular, the UGT observes that, irrespective of ability and training, women are still denied promotions to certain posts traditionally held by men; they are subjected to discrimination on account of maternity (employers dismiss women or do not renew their contracts on account of pregnancy, and in certain situations, employers offer temporary workers employment for an indefinite period if they relinquish their maternity rights); they still earn lower wages than those of men in the same occupational category and are employed in lower categories with low pay. The Committee notes that, in response to the UGT's comments, the Government places emphasis on the procedures of redress available to victims of such discrimination. It also notes in this respect that the statistical data supplied by the Government on labour inspection activities for the enforcement of legal provisions are general and do not specify the activities and infractions relating to the principle of equal opportunity and treatment in employment.

The Committee notes the grievance procedures available and requests the Government to continue to provide information on court cases concerning discrimination where these procedures are used. It also requests the Government to provide information on the measures taken by the labour inspectorate to provide disaggregated statistics so as to show its efforts in enforcing the legislation prohibiting discrimination in employment based on sex and promoting the observance of the principle of equality of opportunity in employment, along the lines of cooperation and sensitization set out in Article 3(a) of the Convention.

4. The Committee notes that the UGT also expresses concern over the lack of remedial procedures for the victims of sexual harassment in the workplace, who are overwhelmingly women, and that in response thereto, the Government refers to Act No. 3 of 3 March 1989, which amends section 4(2)(e) of the Workers' Charter of 1980 to afford workers protection against verbal offences or physical conduct which are sexual in nature.

The Committee requests the Government to provide information on the complaints procedures available under the Workers' Charter in the event of allegations of conduct implying sexual harassment, as well as information on any other measures to protect persons against retaliatory action when they complain to the competent authorities or initiate legal action to enforce their rights in this respect.

5. Regarding the comments made in 1989 by the Trade Union Confederation of Workers' Commissions that workers of colour and workers of Muslim origin in the Catalan region of Maresme and in Ceuta and Melilla were subject to lower conditions of employment than other Spanish workers, the Committee notes the statistics supplied on the number of inspection visits carried out and violations found in 1991, as well as the creation of a programme aimed at eliminating racism and xenophobia through sensitization campaigns. The Committee asks the Government to continue supplying information on other measures that have been taken to ensure that, in practice, workers of colour and those of Muslim origin who have acquired Spanish nationality are not subject to any discrimination in employment in accordance with the Convention.

6. The Committee notes the comments provided by the UGT and the Government's response on the situation of foreign workers employed legally and residing in Spain. It refers to the observation it is making in this respect under Convention No. 97.

7. The Committee notes the comments of the UGT on the non-observance of the Act on social integration of the disabled, which reserves for disabled workers at least 2 per cent of the jobs in enterprises employing more than 50 workers. It also notes the statement that workers infected with the HIV virus are discriminated against and are subject to dismissal or non-renewal of their contracts; in certain enterprises, HIV tests are made without a person's knowledge or consent, in order to refuse employment to persons who are HIV positive. In due course, the Committee will deal with the comments concerning the employment of disabled persons in the framework of Convention No. 159, which has been recently ratified by Spain. As regards the allegations of discrimination against persons infected with the HIV virus, the Committee notes the Government's reply that such discrimination would be contrary to article 14 of the Constitution, which states the general principle of equality before the law, and to section 4(2)(c) of the Workers' Charter, which prohibits any discrimination on grounds of physical, mental or sensory handicap if the worker has the necessary skills to do the job or engage in the employment in question. Such discrimination would be prosecuted by the labour inspectorate.

Noting that by virtue of section 4(2)(c) of the Workers' Charter, physical handicap has been determined as a ground of discrimination, as envisaged in Article 1, paragraph 1(b), of the Convention, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to ensure that article 14 of the Constitution and section 4(2)(c) of the Workers' Charter are observed in respect of persons who are HIV positive or infected with AIDS. Please indicate whether specific laws or regulations have been adopted particularly in regard to testing and preventive measures, and whether special guidance has been given to employers and to the labour inspectorate. Please communicate information on the results of the work of the labour inspectorate in this regard and copies of any relevant court decisions.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes that the Bill which will replace the Decree of 26 July 1957 respecting industries and occupations prohibited to women workers, is currently at the stage of consultation with the social partners. The Committee requests the Government to supply a copy of the new Act once it has been adopted.

2. As regards the measures that have been adopted or are contemplated to guarantee the gypsy minority access to employment and training, the Committee notes the Government's statement that, within the framework of the programme for the vocational training of socially marginal persons and ethnic minorities, included in the National Vocational Training and Integration Plan (FIP Plan), vocational training courses are provided for workers belonging to the gypsy minority throughout the national territory. The Committee also notes the statistics on the number of courses and the number of gypsies who have benefited from the above vocational training. The Committee hopes that the Government will continue to supply information on the progress achieved in this respect.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report. It also notes the comments submitted by the General Union of Workers (UGT), which the Government transmitted with its report without comments of its own.

1. With reference to its previous observation, the Committee also notes the detailed information supplied by the Government concerning the position of women in the labour market. It notes, in particular, the statistics on the development of the active population by sex and age group for the period 1985-89, in which a steep increase can be observed (23.6 per cent) in the number of active women and the activity rate of women. The Government adds that the spectacular increase in the number of active women explains the decrease in unemployment among women. The Committee requests the Government to continue supplying information on all progress achieved as regards the situation of women in the labour market.

2. The Committee nevertheless notes the concern once again expressed by the UGT at the persistence of discrimination against women. The UGT quotes the example of enterprises which pay women lower wages than those of men in the same occupational category, which only employ women in lower categories, reject applications for jobs from women, or which dismiss women workers when they become pregnant or when they denounce the sexual harassment of which they are the victims. The Committee notes that, in one of the cases quoted by the UGT, the labour inspectorate intervened. It requests the Government to indicate any measures that have been taken to strengthen labour inspection activities in order to apply the legal provisions prohibiting any discrimination in employment with regard to women.

3. With regard to Coloured workers and workers of Muslim origin in the Catalan region of Maresme and in Ceuta and Melilla which, according to the comments made by the Trade Union Confederation of Workers' Commissions in 1989, were subject to lower conditions of employment than those of Spanish workers, the Committee notes the information supplied by the Government on the legislation respecting the employment of foreign workers and the requirements for the acquisition of Spanish nationality. It would be grateful if the Government would indicate the measures that have been taken to ensure - for example, by means of inspection visits - that, in practice, Coloured workers and those of Muslim origin who have acquired Spanish nationality are not subject to any discrimination in employment, in accordance with the Convention. With regard to the treatment of foreign workers, the Committee refers to its comments concerning the application of the Migrant Workers (Revised) Convention, 1949 (No. 97).

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

With reference to its observation, the Committee also reminds the Government of the matters raised in its previous direct request:

1. The Committee notes that the preparatory technical work has commenced for a new Decree to replace the Decree of 26 July 1957 respecting industries and jobs prohibited to women.

The Committee requests the Government to supply a copy of the new Decree once it has been adopted.

2. The Committee notes the collaboration agreement signed between the Spanish Association for the Integration of Gypsies and the National Employment Institute with the objective of the integration of gypsy citizens into the world of work.

The Committee requests the Government to continue supplying information concerning the results achieved through the implementation of the collaboration agreement and on any other measure that has been adopted or is envisaged to guarantee the gyspy minority access to employment and training.

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

In its previous observation, the Committee noted that, in its communication dated 7 February 1989, the Trade Union Confederation of Workers' Commissions (CC.OO.) alleged that the measures that should have promoted the employment of women had been a failure, given that the unemployment rate for women is 27.5 per cent, as against 15.09 per cent for men. Furthermore, according to the comments made by the same organisation, there are situations in which discrimination occurs on grounds of colour and race, particularly in the Catalan region of Maresme, where coloured workers receive wages that are much lower than those of other workers, and in Ceuta and Melilla, where the same situation applies to Muslim workers.

The Committee notes the observations communicated by the Government in reply to the above comment. Nevertheless, the Committee finds that the Government's observations do not reply to the above points. The Committee therefore hopes that in its next report the Government will supply detailed information on the matters raised by the CC.OO.s, and in particular on:

(a) the measures that have been taken to promote the employment of women and to ensure that restructuring measures do not prejudice their security of employment, nor their opportunities of access to employment disproportionately as compared with men;

(b) the discriminatory situations that may exist in the Catalan region of Maresme and in Ceuta and Melilla against coloured workers and Muslim workers.

In this connection, the Committee notes that the CC.OO.'s communication refers to two categories of workers. The first of these consists of migrants of foreign nationality who, due to the fact that they have no work permits, receive lower wages and are dismissed when they are no longer necessary; the situation of these workers falls under the provisions of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which has been ratified by Spain. The second category consists of workers "of Muslim origin who were born in the cities under Spanish sovereignty", to whom the Government issues a statistical card that is equivalent to a work permit. The Committee requests the Government to indicate whether the latter category of workers are of Spanish nationality and, if so, the measures which have been taken or are envisaged to prevent any discrimination on grounds of national extraction, in accordance with the Convention.