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The Committee notes the resolution issued on 14 April 2005 by the General Directorate of Labour to approve National Agreement III for the hotel sector (ALEH), extending the earlier agreement until 31 December 2009. It notes that the agreement contains a new chapter dealing specifically with training contracts. It further notes that like its predecessor, the new agreement envisages the possibility of incorporating new elements negotiated between the parties and that as a result of this negotiation, specific agreements continue to be signed concerning the trial period in the work contract and retirement bonuses. The Committee takes note of the list of the many collective agreements signed both at the autonomous community level and the provincial level.
Part V of the report form. Practical application. The Committee notes the statistics sent by the Government on inspections carried out in the period 2007–08 in the catering sector, and the results obtained. It notes in this connection the comments made by the Trade Union Confederation of Workers’ Commissions (CC.OO) to the effect that the catering sector warranted more thorough inspection in view of the large number of workers employed in it. The CC.OO asserts that in 2007, the sector consisted of 170,418 enterprises and 1,104,000 workers per quarter on average, many of whom are immigrant workers. Furthermore, according to a recent study conducted by the European Foundation for the Improvement of Living and Working Conditions, the catering sector in Spain employs 1.2 million persons including 156,196 non-nationals, making it the sector that employs the largest number of migrant workers. The Committee therefore requests the Government to continue to provide general information on the practical effect given to the Convention, including statistics of visits carried out by the labour inspection services and their results, the number of workers in the sector covered by collective agreements, if possible broken down by gender and age, any recent studies on their conditions of work and all other available information on the policy to improve the conditions of work of the workers concerned, with special attention to immigrant workers.
The Committee notes the detailed information provided by the Government in its last two reports, in particular the resolution of the General Directorate of Labour of 13 June 2002 approving State Labour Agreement No. II for the Hotel Sector (ALEH), extending the effect of the previous agreement until 31 December 2004. According to the Government, the new agreement leaves open the possibility of including new issues on which the parties may reach effective agreement, while issues not included therein continue to be regulated by provincial collective agreements. In this respect, the Committee notes the list of provincial collective agreements applicable to the hotel sector approved during the period covered by the reports.
The Committee notes the statistical information provided by the Government on the inspections carried out for the period 1997-2002 in the hotels and restaurants sectors and their results. The Committee requests the Government to continue providing, in accordance with Part V of the report form, general information on the application of the Convention in practice, including statistical information on the results of the inspections carried out (violations reported, sanctions imposed, etc.), the percentage of workers in the sector who are covered by collective agreements, recent studies on their working conditions, and any other information relating to the policy to improve the working conditions of the workers concerned.
The Committee notes the detailed information provided by the Government in response to its previous comments. It also notes the Government's statement to the effect that the period of application has been finalized for the Royal Decree 2001/1983 of 28 July, repealed by the Royal Decree 1561/1995 of 21 July respecting special days of work, and the Labour Ordinance.
The Committee also notes the Government's statement to the effect that only workers who are engaged in voluntary work which is not remunerated in non-profit-making establishments within the hotel and catering industries are excluded from the application of the Convention (sections 1 and 3(d) of the Act respecting the working conditions of workers).
The Committee requests the Government to continue to provide, in accordance with point V of the report form, general information in respect of the application of the Convention, including statistical data on the number of workers protected by measures which give effect to the Convention and the reports of the inspections services (for example: the number and nature of the violations observed, the sanctions imposed, etc.).
The Committee notes the Government's first report and would be grateful if it would supply additional information on the following points.
1. In accordance with section 2 of the Hotels Ordinance (OM of 28 February 1974), and in conformity with the provisions of Article 1 of the Convention, establishments and facilities engaged in "enterprise catering" are excluded from its scope. The Committee requests the Government to provide further information on the possibility of exclusion from the scope of the Convention of non-profit- making establishments which engage in catering activities in view of the fact that, if such an exclusion were not confirmed, workers in such establishments would be included within the scope of the Convention, unless provided to the contrary in an applicable collective agreement.
2. With reference to Articles 4 and 5 of the Convention the Committee requests the Government to provide additional information on the effect given in practice in the sector to provisions respecting working hours, rest periods and working days, as well as on the activities of the labour inspectorate to supervise and apply the above provisions.
3. In view of the "transitional" period through which Spanish labour legislation is currently passing, the Government is requested to keep the Committee informed on the progress made and the measures adopted in law and in practice to achieve the objectives of this Convention.