Definitive Report - Report No 256, June 1988

Case No 1399 (Spain) - Complaint date: 16-MAR-87 - Closed

1. 32. The Committee examined this case at its meeting in February-March 1988 and submitted an interim report to the Governing Body (see 254th Report of the Committee, paras. 401-427, approved by the Governing Body at its 239th Session (February-March 1988)). The Government subsequently sent its observations in a communication of 25 April 1988.
2. 33. Spain has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 34. When the Committee examined the case at its meeting of February-March 1988, one allegation remained pending, to which the Government had not replied, that the Ministry of Defence had unilaterally granted the status of military personnel to civilians working for it who therefore cannot exercise their trade union rights in accordance with Act No. 11/85 on freedom of association. Consequently the Committee requested the Government to send its observations on the matter (see 254th Report, paras. 426 and 427).

B. The Government's reply

1. 35. In its communication of 25 April 1988, the Government states that the laws and statutory regulations governing civilians working for the Military Administration are exactly the same as for other public employees in the public administration. The legislation in force on the subject, consisting of the Act on the Public Service No. 39/1984 of 2 August, and supplementary laws, does not make any provision for granting military status to public employees working for the Ministry of Defence. The allegation in the complaint by the CISF that the Ministry has "unilaterally applied the status of military personnel" to such employees is therefore groundless.
2. 36. The Government adds that, under the legislation referred to above, civilian public employees attached to the Ministry enjoy the same trade union rights as those to which other civil servants of the public administration are entitled under the current Organic Law No. 11/1985, of 2 August, on freedom of association. The only constraint imposed by this law is the prohibition on the exercise of trade union activities within military establishments, in accordance with its third additional provision. Lastly, it has not found that, in any of the centres or establishments attached to the Ministry of Defence, the exercise of trade union or any other kind of rights by the civilian officials working for those bodies has been refused or restricted in breach of the laws in force. It should be noted that, in the last few months of 1987, the electoral process open to public employees throughout the public administration was conducted in the Ministry of Defence in a perfectly normal fashion.

C. The Committee's conclusions

1. 37. The Committee takes note of the Government's statement denying the allegations. It notes, in particular, that civilian officials working in the Ministry of Defence enjoy the same trade union rights as other civil servants in the public administration. Moreover, it has not found that such rights have been denied or restricted in any centre or establishment of that Ministry.

The Committee's recommendations

1. 38. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.