Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (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.