Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 158) sur le licenciement, 1982 - Espagne (Ratification: 1985)

1. With reference to its earlier comments, the Committee notes the information provided by the Government to the Conference in 1994 and the discussion that took place at the Conference Committee. The Conference Committee noted that some discrepancies seemed to continue to exist, both in law and in practice, in respect of the requirements of Article 2, paragraphs 2 and 3, and Article 7 of the Convention and expressed the hope that the Government will take all necessary measures to ensure in the near future the full implementation of the Convention both in law and in practice. The Committee trusts that the Government will be able to communicate, in its next report, information on the progress achieved in this regard.

2. The Committee notes the new observations made by the Trade Union Federation of Workers' Commissions (CC.OO.) and the General Union of Workers (UGT), transmitted to the ILO by the CC.OO. in January 1995. The CC.OO. informs about the procedure initiated before the Ombudsman ("Defensor del Pueblo") by the two above-mentioned workers' organizations, together with two other labour and human rights organizations, which alleged that certain provisions of Act No. 11/94 on the reform of the Workers' Charter are not in conformity with the Constitution. The CC.OO. and the UGT in their respective observations confirm their view that the national legislation does not conform with the provisions of Article 7 of the Convention. The Committee observes that these observations were sent to the Government, in January 1995, for any comments that it considers appropriate. It therefore asks the Government to supply its comments on these observations with its next report.

[The Government is asked to report in detail by 1 September 1995, at the latest.]