Rapport intérimaire - Rapport No. 168, Novembre 1977

1. 257. The complaint of the ICFTU is contained in a communication dated 18 March 1977. The complainants supplied further information in a letter dated 4 April 1977. The Government forwarded its observations in a communication dated 16 May 1977.
2. 258. Spain has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 259. The complaints referred to Royal Legislative Decree No. 17 of 14 March 1977 on industrial relations. According to the ICFTU, this Legislative Decree recognises the principle that workers have the right to strike but restricts it in practice, and even denies it altogether, through a series of provisions which, the ICFTU claims, are in contradiction with a number of principles of freedom of association, cited in the complaint.
2. 260. According to the complainants, the Legislative Decree in question allows the government authorities to use their discretion in determining whether or not a strike is lawful; it does not permit the representative workers" organisations to intervene by declaring or organising a strike; it does not recognise the right of organisations to call a strike with the range and impact necessary for the defence of the workers; it imposes severe restrictions due to the procedure that must be followed in order to declare a strike; it deems to be unlawful strikes and various forms of collective action to which recourse is frequently had in countries where the right to strike is fully recognised; it declares to be unlawful strikes with a view to securing the amendment of clauses in a collective agreement while that agreement is in force; it authorises employers to designate workers who will be required to keep essential services functioning in the undertaking, thus restricting the effective exercise of the right to strike; it does not recognise the legality of strike pickets; it maintains the provisions requiring government approval for collective agreements, and makes job security depend on recognition of the right to strike.
3. 261. In its communication of 16 May 1977, the Government stated that the legislation in question had been promulgated, during a period of transition, in order to recognise the right of workers to strike within the general context of labour relations. Royal Legislative Decree No. 17 of 4 March 1977 on industrial relations was not intended to prevent or obstruct, but on the contrary to legalise and guarantee the exercise of the right to strike by workers and their organisations through the representatives of these organisations; there was no other meaning - continued the Government - that could be read into the powers conferred upon these representatives in respect of the declaring and organising of strikes. Furthermore, added the Government, with the promulgation of Act No. 19 of 1 April 1977 to regulate the right to associate in trade unions, the terms of the legislation criticised by the complainants would necessarily have to be brought into line with the standards embodied in this later enactment, the more so since it contains a provision to the effect that "all provisions contrary to the rules laid down by this Act are hereby repealed". The Government concluded by expressing its firm intention to give effect, in law and in practice, to all the standards embodied in Conventions Nos. 87 and 98.

B. B. The Committee's conclusions

1. 262. The Committee notes the complainant's allegations and the explanations provided by the Government. It notes, in particular, that according to the Government the new Legislative Decree on industrial relations guarantees the exercise of the right to strike by trade union organisations through their representatives. The Committee wishes to recall that it has always considered the right to strike to be one of the essential means through which workers" organisations may promote and defend the workers" occupational interests.
2. 263. In more general terms, the Committee notes the Government's statement that this legislation has been promulgated during a period of transition, that its terms will have to be brought into line with the new trade union legislation, and that the Government intends to give effect to all the standards embodied in the freedom of association Conventions.