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Articles 2 and 3 of the Convention. Measures to address the gender wage gap. The Committee notes the approval of the Strategic Plan for Equal Opportunities (2008–11), in which provision is made to examine the causes of the wage gap and which lays down specific measures to overcome it. With a view to fulfilling that objective, two protocols have been signed between the Ministry of Equality and the Ministry of Labour and Immigration: a protocol for monitoring fraud in the award of temporary contracts and the misuse of part-time contracts in sectors where women are overrepresented, and a protocol of cooperation with the Directorate-General of Labour Inspection for monitoring situations involving wage discrimination and reducing the wage gap. Under the latter protocol, the labour inspectorate has carried out controls, referred to below, the results of which will be communicated to the Ministry for Equality, which will analyse the existing wage gap and the sectors in which this is most pronounced. The Ministry for Equality and the Autonomous Communities has awarded grants to small and medium-sized enterprises for use in the formulation and implementation of equality plans. The Committee also notes the adoption of Royal Decree No. 713/2010 of 28 May 2010, which establishes the obligation to provide information, whenever a new collective agreement is signed, on the pay structure and measures adopted to promote equality with regard to wages. A further development has been the introduction of the “badge of equality” (Royal Decree No. 1615/2009), which recognizes and promotes measures for achieving equality adopted by enterprises and which, in order to be awarded, takes account of gender balance in decision-making posts, in access to posts of responsibility, adoption of equality plans, disaggregation by sex of data relating to pay and the application of systems and criteria relating to occupational classification and pay which enable situations involving discrimination to be eliminated or prevented. A total of 602 enterprises have applied to be awarded the badge, which may be used for commercial and advertising purposes. The Government states that in 2008 women were paid on average 84 per cent of the wage paid to men. This wage gap of 16 per cent was established on the basis of data published in the wage structure survey conducted by the National Institute of Statistics. While noting the measures taken by the Government to promote gender equality in pay, the Committee requests the Government to continue to supply information on the impact of these measures and on the methods used to measure the gender wage gap.

Article 4. Social partners. The Committee notes that in 2008 the Spanish Confederation of Employers’ Organizations (CEOE), the Spanish Confederation of Small and Medium-Sized Enterprises (CEPIME), the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UTT) signed an extension to the 2007 inter-confederation agreement for collective bargaining, which establishes as a criterion the need to remove differences in pay levels and highlights the usefulness of systems for the evaluation of jobs. The Committee requests the Government to provide information on the application of this agreement in practice and its impact on the collective agreements that have been signed.

Labour inspection. The Committee notes the information supplied by the Government on cases involving violations of the principle of equal remuneration for work of equal value and the penalties imposed on 12 enterprises (five fines and seven formal notices) by the labour inspectorate for discrimination on the basis of gender in the catering, commerce, cleaning, steel and textiles sectors. The Committee requests the Government to continue to supply information on the measures taken by the labour inspectorate and their impact on reducing the wage gap.

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Articles 2 and 3 of the Convention. Measures to address the gender wage gap. In its previous direct request, the Committee noted that the Labour and Social Security Inspectorate does not have available “ad hoc” instruments to assess the effectiveness and impact of its activities, except in very specific cases in which further inspections are envisaged on some or all of the enterprises already inspected at an earlier stage. The Government indicated that this is the reason why it cannot provide detailed information on this subject. With regard to the information technology tool known as the ISOS programme (relating to manuals for the appraisal of jobs and the identification of indicators of wage discrimination), the Committee noted that, according to the report, a series of practical difficulties have been encountered in its use by the labour inspectorate. In 2008, the Government indicates that these problems persist.  The Committee would appreciate receiving information on any other mechanisms used by the Government to assess the wage gap and to evaluate the impact of the measures taken on reducing this gap.

Social partners. In its previous direct request, the Commission asked the Government to indicate the measures taken as a result of the recommendations made by the Committee established under the terms of the Declaration for social dialogue concluded on 8 July 2004 by the Government and the social partners, which recommends adopting “measures to eliminate the gender wage gap”. The Committee notes that in its report the Government only refers to the Law on Equality of 2007. The Committee again asks the Government to provide information on the measures taken to eliminate the gender wage gap, as agreed with the social partners in 2004, their application in practice and the impact thereof.

The Committee notes that the information provided by the Government with respect to the second request formulated in paragraph 2 of the Committee’s previous direct request are not related to issues covered by the provisions of the Convention. The Committee again asks the Government to provide practical information regarding the requests formulated in paragraphs 1 and 2 of its previous direct request concerning the principle of equal remuneration for work of equal value. In general, the Committee asks the Government to provide more information on the application of the Convention in practice and, in particular, to provide information pertinent to the comments of the Committee.

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1. Article 2 of the Convention. Prohibition of discrimination in remuneration. Noting the measures adopted to reinforce the legislation for the penalization of wage discrimination, the Committee once again asks the Government to provide examples of the application of this legislation.

2. Labour inspection and equal remuneration. The Committee notes the information provided by the Government on the results of the activities of the labour inspectorate in relation to women’s conditions of work and discrimination against women, including steps taken to supervise and enforce equal remuneration. The Committee asks the Government to provide more detailed information on cases of violations of the principle of equal remuneration for work of equal value, and on the outcome of these cases. In relation to the comment by the CC.OO that the labour inspectorate should act on its own initiative, the Government indicates that one of the general objectives of the labour inspectorate is that programmed activities (those undertaken on its own initiative) progressively take on greater weight in relation to activities initiated at the request of the parties, which normally have their origins in complaints. Section 2(3)(3) of the IV Equality Plan provides for “establishing as a priority in the activities of the Labour and Social Security Inspectorate those intended to eradicate direct or indirect discrimination on the ground of sex, with emphasis on wage discrimination and sexual harassment”. The Government adds that, as the field of labour is within the competence of the Autonomous Communities, it is in the territorial commissions that it is agreed to undertake action related to wage discrimination on grounds of sex, with the exception of Instruction No. 106/2003 respecting “Activities by inspectors intended to eradicate any discrimination on the ground of sex”, which is applicable throughout the State. The Committee notes that, when giving effect to this standard, the labour inspectorate undertook campaigns in the Autonomous Communities of Asturias, the Baleares, the Canary Islands, Castilla y Leon, Catalonia, Madrid, Navarra, La Rioja and the Valencian Community which covered, among other subjects, discrimination in remuneration and discriminatory clauses in collective agreements. Noting with interest the activities undertaken by the labour inspectorate, the Committee asks the Government to continue providing information on the planned activities of the labour inspectorate relating to the application of the Convention.

3. Articles 2 and 3. Measures to address the gender wage gap. The Committee notes that the Labour and Social Security Inspectorate does not have available “ad hoc” instruments to assess the effectiveness and impact of its activities, except in very specific cases in which further inspections are envisaged on some or all of the enterprises already inspected at an earlier stage. The Government indicates that this is the reason why it cannot provide detailed information on this subject. With regard to the information technology tool known as the ISOS programme (relating to manuals for the appraisal of jobs and the identification of indicators of wage discrimination), the Committee notes that, according to the report, a series of practical difficulties have been encountered in its use by the labour inspectorate. The Committee asks the Government to indicate whether these problems have been resolved and whether the above tools continue to be used, the sectors concerned and the results obtained.

4. Social partners. The Committee asks the Government to provide information on the measures taken and agreements concluded with the social partners to achieve equal remuneration, which it has noted in its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and on any other measure of the same nature intended to improve the application of the provisions of the Convention, particularly those designed to reduce the wage gap between men and women. Please indicate the action taken as a result of the recommendations made by the Committee established under the terms of the Declaration for social dialogue concluded on 8 July 2004 by the Government and the social partners, which recommends adopting “measures to eliminate the gender wage gap”.

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1. Article 2 of the Convention. Prohibition of discrimination in remuneration. Referring to its previous direct request, in which it requested information on the sanctions imposed for discriminatory practices on the basis of sex, the Committee notes that Royal Decree No. 5 of 4 August 2000, modified by Act No. 62 of 2003, defines wage discrimination as a serious offence. It also noted that, in accordance with section 40(1)(c) of the Act respecting offences and sanctions in the social domain, serious offences are punishable by fines ranging from euros 3,005.70 to euros 90,151.81. The deterrent effect of penalties for unilateral decisions by the employer, which are directly or indirectly discriminatory, favourable or unfavourable, is reinforced by Organic Act No. 10 of 23 November 1995, which provides for the sanction of imprisonment. The Committee asks the Government to indicate in its next report if any fines or other penalties have been imposed under the abovementioned legislation.

2. Articles 2 and 3. Measures to address the gender wage gap. In its previous request, the Committee noted that the Women’s Institute promotes the ISOS project on the wage gap between men and women and job appraisals. This project, which had participants from universities in Finland, the United Kingdom and Spain, aimed at analysing the relationship between gender-based discrimination on wages and job characteristics and to establish an objective system of job appraisal. The Committee notes that the project resulted in the creation and publication of two "information technology tools", as well as the creation of a survey on the characteristics of jobs in Spanish enterprises. The first tool, called the "ISOS system", consists of an integrated objective system of jobs appraisal, which is adaptable to the specific needs of various organizations and ready to be used. According to the report, the ISOS system’s objective job appraisal is characterized by neutrality and adaptability to all posts. It can be used by any person without specialized knowledge and it integrates aspects of work which are not considered by other systems (such as flexibility). The tool also facilitates comparisons between different appraisals of the same job or appraisals of different jobs. The final results of the project were presented to the interested parties in June 2003, and particularly to the labour inspectors. The Committee would like to know whether the Government is promoting or envisages promoting the application of this system in the public service (if yes, please indicate in which part) and whether it has been applied in enterprises in the private sector. The Committee hopes that the Government will promote the practical application of the project and asks the Government to provide detailed information in this regard as well as on the results achieved.

3. The Committee notes that the fourth Plan on Equality of Opportunity for Men and Women (2003-2006) provides for many initiatives aimed at reducing the wage gap and that many of them are related to the strengthening of training, women’s entrepreneurship and the granting of micro credits, among others. The Committee also notes that the Government launched a Plan on positive action under which participating enterprises can obtain the status of "partners of the equality of opportunity and treatment between men and women" and use a label which identifies them as such in their adverts and on their products. Another measure to reduce the gender wage gap is the adoption on 3 July 2003 of the National Plan of Action on the Inspectorate for Labour and Social Security to ensure equal remuneration of men and women. Among other measures, the Plan stresses the importance of the proper handling of complaints for failure to provide equal remuneration. The Government’s report indicates that it envisages using the information technology tool set up by the abovementioned ISOS project to reveal instances of unequal remuneration. The Committee would be grateful if the Government would provide information on the use of these tools by the labour inspectors and on the impact of these measures on reducing the wage gap.

4. Part V of the report form. Statistical information. Finally, the Committee notes that since 2001 no statistical information, disaggregated by sex, was available due to changes in the methodology of the wage structure survey, but that from 2004, the survey will once again be used to collect more reliable data on wage discrimination based on sex. The Committee also noted that, as of 2004, data from the survey on life conditions and, probably as of 2005, a survey of the active population will be available in order to obtain a picture on the situation in regard to gender-based wage discrimination. The Committee asks the Government to provide this statistical information with its next report.

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The Committee notes the information contained in the Government’s report, including its response to comments submitted in October 2002 by the Confederación sindical de comisiones obreras (CC.OO) with respect to the application of the Convention.

1. Application by laws. The Committee notes with interest the adoption of Act No. 33 of 5 July 2002 modifying section 28 of the consolidated text of the Act on the status of workers. It notes in particular that the notion of remuneration in section 28 of the Act, which provides for equal remuneration between men and women, has been enlarged in conformity with Directive 75/117/EC of 10 February 1975. It also notes the adoption of Act No. 62 of 30 December 2003, Chapter III, which introduces for the first time into Spanish labour law the definition of direct and indirect discrimination. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

2. Labour inspection and equal remuneration. The Committee notes that the comments submitted by the CC.OO include claims that labour inspections with respect to equal remuneration are insufficient both in quantity and in quality. It considers that the labour inspectorate should act not only upon the request of the parties, but also on its own initiative and that the Government should give particular attention to the inspectors being trained to detect indirect discrimination which might exist with regard to remuneration. Further, section 90 of the Workers’ Statute states that collective agreements should be communicated in order to be registered with the labour authority, who will verify at this moment the application of the existing legislation. The CC.OO states that in order to assume responsibility for this function with respect to the principle of the Convention, it is necessary for all public servants of the labour authority to have a deeper understanding of equal remuneration for work of equal value. In its response, the Government indicates that the fourth Equality Plan for Equal Opportunities between men and women, approved by the Ministerial Council on 7 March 2003, is to be implemented between 2003 and 2005. The Equality Plan provides, among other measures, "that priority must be given to the activities of the Inspectorate for Labour and Social Security, with a view to eliminating all types of direct and indirect sex discrimination and with special attention being paid to discrimination in remuneration" (paragraph 2.3.3 of the Plan). This priority has been integrated into the programme of measures adopted by the Inspectorate for Labour and Social Security. The Committee asks the Government to provide information with its next report on the results of the fourth Equality Plan and the activities of the labour inspectorate carried out with the aim of eliminating inequalities in remuneration between men and women.

3. With respect to the role played by the labour authority regarding possible discriminatory clauses in collective agreements, the Government states that in many cases the general directorate of labour asks for modification of those clauses which give rise to discrimination based on sex. The Committee considers that the labour authority may play an important role in ensuring that collective agreements are in conformity with the Convention. It asks the Government to provide more detailed information with its next report on the training that the labour authority receives in this respect, as well as information on the activities carried out to ensure the application of the Convention during the reporting period, and to provide concrete examples.

The Committee is raising other points in a request addressed directly to the Government.

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1. The Committee notes with interest the adoption of Royal Legislative Decree No. 5/2000, which categorizes as a very serious offence any discrimination on grounds of sex by employers in relation to remuneration, and establishes fines to discourage such practices. The Committee asks the Government to indicate in its next report the manner in which this provision promotes the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee would also be grateful if the Government would provide information in its next report on the penalties imposed under Royal Legislative Decree No. 5/2000 for discriminatory practices on grounds of sex.

2. In its previous comments, the Committee asked the Government to provide information on the measures adopted or envisaged to prevent indirect discrimination which might arise from the classification and appraisal of jobs in collective agreements. The Committee notes with interest the information provided by the Government in its report indicating that the Institute for Women combats all types of employment discrimination on grounds of sex, both direct and indirect, and that in collaboration with the equality bodies of the autonomous communities and the women’s secretariats of the most representative trade unions at the local and national levels, training days for negotiators of collective agreements have been held on equality to increase their capacity to recognize discriminatory clauses in the texts of the respective agreements. The Committee also notes that the Institute has organized training days for trade unions, judges, prosecutors and labour inspectors to raise awareness of national and community provisions relating to wage discrimination between men and women, and that in 2000 it issued the publications "Guide to good practice to ensure equal remuneration" and "Tools to eliminate wage discrimination". The Committee asks the Government to provide the Office with copies of the above publications with its next report. In this respect, the Committee also notes that the Institute for Women is promoting the ISOS Project on wage differences between men and women and on job appraisal. The Committee asks the Government to provide the Office with information in its next report on any progress made in the context of the above project. The Committee also repeats the request to the Government made in its previous comment to attach copies to its next report of collective agreements containing provisions on wage structures (section 26(3) of the Workers’ Statute).

3. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW) in 1999 (A/54/38, paragraphs 236-277) at the situation of Spanish women in the labour market, and particularly the fact that women continue to be insufficiently represented in jobs corresponding to their educational level, and that on average women earn approximately 30 per cent less than men. In its previous comment, the Committee asked the Government to provide information on the progress achieved under the Third Plan for Equality of Opportunity and Treatment between Men and Women, 1997-2000, in collaboration with workers’ and employers’ organizations and in the establishment of strategies with the relevant government officials to guarantee the effective application of the right to equal remuneration for men and women workers for work of equal value. The Committee notes the Government’s reply in its last report, in which it indicates that the difference between the monthly income of men and women fell from 26.8 per cent in 1996 to 24.59 per cent in 2000. The Committee notes that, according to the statistics issued by the European Industrial Relations Observatory (EIRO), the difference between the hourly income of women and men fell from 25.1 per cent in 1996 to 23.1 per cent in 2000. The Committee also notes that, according to the statistical data compiled by the Institute for Women, the average monthly earnings of women workers in 2000 did not attain the level of 65 per cent of those of men in the Autonomous Communities of Aragón, Asturias, Castilla la Mancha, Castilla León and Murcia. The Committee notes that, according to the statistics, wage discrimination occurs in all sectors of activity and in all occupational categories. The Committee considers that the wage gap between men and women is still substantial and trusts that the Government will continue to provide information in its next report on the measures adopted or envisaged to continue reducing it. It also asks the Government to provide information on the measures that are being adopted to prevent both horizontal and vertical occupational segregation by sex. Furthermore, the Committee trusts that the Government will provide detailed information in its next report on the progress achieved, together with the social partners, in improving the employment stability of women and the wage conditions of part-time women workers.

4. The Committee notes once again that the statistics on wage increases provided by the Government are not disaggregated by gender. The Committee therefore asks it to provide the fullest possible up-to-date statistics disaggregated by sex, taking into account the contents of its 1998 general observation. The Committee asks the Government to ensure that the statistics provided include data on sectors in which there is a clear concentration of women workers (public administration, education, social services, domestic service and small enterprises, among others).

5. The Committee notes with interest the judicial decisions attached to the Government’s report related to the application of the principle of equal remuneration for men and women workers of work of equal value. The Committee notes that in some of the rulings attached to the Government’s report, reference is made to the suspicious nature of evaluation criteria such as physical strength which, being a predominantly male quality, does not permit objective evaluation and could provide an unjustified advantage to men. In the attached jurisprudence, the use of physical force is admitted, although in a restricted manner and subject to the dual condition that this factor is not an essential element in the work to be performed, and that job evaluations do not take strength into account as the sole criterion for appraisal, but that it must be combined with other objective characteristics affecting both men and women. Recalling that in general the jobs performed by women tend to be undervalued, the Committee asks the Government to provide information in its next report on the measures adopted or envisaged for the appraisal of jobs based on objective criteria such as responsibility, strength, dexterity, the skills of men and women workers and the working environment. The Committee also asks the Government to provide information on the results of any initiative that is taken.

6. The Committee notes with interest the various publications by the Women’s Confederal Secretariat of the Trade Union Federation of Workers’ Commissions provided with the report, which include: a guide on good practice for job appraisal, covering trade union action on discrimination in remuneration (Prisma Project); a manual for the examination of agreements from the gender perspective (Codex Project); a code of practice for the neutral application of occupational classifications, including a report summarizing the research (Codex Project); and a study on "Employment and wage discrimination: An analysis from the gender perspective".

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1. The Committee notes the information provided by the Government in its report, and the attached documents and statistical data. The Committee also notes the comments made by the Trade Union Federation of Workers’ Confederations (CC.OO), received by the Office on 18 October 2002, raising questions related to the application of the Convention, which have been forwarded to the Government. The Committee will examine the comments made by the CC.OO at its next session, together with any response to these comments by the Government.

2. The Committee refers to the Government’s reply to the comments made by the General Union of Workers (UGT) on the application of Convention No. 111, which are also related to the application of the principle of equal remuneration for men and women workers for work of equal value. The UGT referred in its comments to the lack of legal and administrative measures to prevent wage discrimination between men and women in employment. The Committee notes the Government’s reply in which it indicates that the amount of the minimum inter-occupational wage is determined only by the Government, but that the structure and amount of remuneration are the result of collective bargaining. The Government adds that in the event of any failure to comply with the principle of equality and non-discrimination in this respect, public administrators can turn to the commission responsible for negotiating the collective agreement and require the rectification of any clauses which do not respect the principles of equality and non-discrimination. The Government also states that such clauses may be taken up ex officio by the labour authorities by means of a special procedure set out in the Labour Procedure Act. The Committee requests the Government to provide information on the practical application of this regulation, including copies of relevant administrative and judicial decisions. The Committee invites the Government to consider the possibility of encouraging the social partners to include a balanced representation of men and women in the teams negotiating collective agreements, and hopes that the Institute for Women will continue its activities to ensure that the persons concerned are adequately trained in the fields of discrimination on grounds of sex and of equal remuneration.

The Committee is raising other matters in a request addressed directly to the Government.

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1. The Committee notes that, according to statements issued in 2000 by the General Secretary of the National Women’s Institute, an agency of the Ministry of Labour and Social Affairs, the average earnings of female workers in Spain represents 71 per cent of the average earnings of male workers. It further  notes that, according to studies carried out in 2000 by the General Union of Workers (UGT) and the Trade Union Federation of Workers’ Commissions (CC.OO.), women’s average earnings are between 76 to 78 per cent of men’s average earnings. The Committee notes that, according to the information contained in section 3 of the chapter on "Economy and Employment Issues of the Third Plan for Equality of Opportunity and Treatment between Men and Women 1997-2000", approved by Accord of the Council of Ministers on 7 March 1997, the statistical data available indicated that women were still not participating in paid employment at the same rate as men, given that their contracts of employment provide less benefits, their remuneration is less for work of equal value, and they occupy few decision making jobs. The Plan indicates that in 1994, women’s annual average salary was 71.54 per cent of men’s corresponding salary. The Committee notes that the statistics supplied by the Government in its report concerning salary increases agreed upon by sector of economic activity are not disaggregated by sex. Therefore, the Committee is unable to assess the actual wage gap. It asks the Government to provide the fullest statistical information possible, disaggregated by sex in accordance with its 1998 general observation. Please also provide a copy of the study "Employment and salary discrimination: An analysis from a gender perspective" issued in 2000.

2. The Committee notes the Government’s statements concerning the measures adopted through social dialogue in order to improve stability in employment. It asks the Government to supply concrete information regarding the progress achieved in the context of measures 3.1.7 of the Third Plan for  Equality of Opportunity and Treatment between Men and Women 1997-2000, which called for "collaboration with workers’ and employers’ organizations and the establishment of strategies with the relevant government officials in order to guarantee the effective application of the right to equal remuneration between men and women for work of equal value".

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1. The Committee notes the information contained in the report, including the statistical data attached and the Government’s comments in response to the comments of the General Union of Workers (UGT) of 27 February 1999, sent to the Government in March 1999. The Committee also notes the comments of the Trade Union Federation of Workers’ Commissions (CC.OO.) of 21 September 2001, received jointly with the Government’s report.

2. The Committee notes the Government’s response to the UGT’s earlier comments, which stated that serious and generally hidden sex-based salary discrimination still exists in Spain, and that: (1) the concept of salary in Spanish law diverges from the definition of the term under international law; (2) the definitions of occupational classification often include notions of the value attributed to certain tasks or output bonuses that result in indirect discrimination against women; and (3) the measures adopted to combat discrimination are insufficient.

3. The Committee notes the Government’s comments regarding the concept of salary expressed in the Spanish legislation. The Government indicates that this concept is defined in section 26 of the Workers’ Statute, which provides that "The concept of salary includes the totality of the economic remuneration received by workers, in cash or in kind, for the performance of work-related services for another and which constitutes compensation for work performed, regardless of the form of the remuneration ...". The Committee considers this definition to be compatible with Article 1(a) of the Convention. It would be grateful if the Government would supply samples of collective agreements reflecting the application of section 26 of the Workers’ Statute.

4. With respect to the comments that occupational classifications frequently involve concepts of the value attributed to certain tasks or output bonuses that result in indirect discrimination against women, the Government states that occupational classifications are typically contained in collective agreements agreed upon between workers and employers and that, therefore, this is an issue that is difficult for the Labour Inspectorate to address. The Committee asks the Government to provide information on the measures adopted or envisaged to prevent any indirect discrimination that may arise from the classification and evaluation of jobs in collective agreements.

5. With regard to the UGT’s comments on the alleged lack of social dialogue and the high rate of temporary work, which the UGT points to as indiciae of hidden employment and salary discrimination, the Government indicates that, through a process of social dialogue, it has adopted a series of measures designed to improve employment stability. It also indicates that part-time work has been regulated, also through the social dialogue process. The Government states that the high rate of temporary work is steadily decreasing.

6. The Committee notes the adoption of Act No. 39/99 of 5 November 1999, to promote the balancing of workers’ professional and family responsibilities, and that similar reforms have been made to the legislation applicable to public servants, both civil and military. While the above information does not bear directly on the principle of equal remuneration, the Committee notes that it is generally relevant to the promotion of equality of opportunity and treatment in the world of work, and thus has an indirect positive effect on the application of the Convention.

The Committee is sending a request directly to the Government on other points.

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1. The Committee notes the comments made by the General Union of Workers (UGT) transmitted to the Government in March 1999. The UGT claims that there is still serious and generally hidden salary discrimination on the grounds of sex; and it repeats some of its previous comments, namely that the concept of salary in Spanish law does not correspond to that understood in international law, that the concept of professional classification frequently comprises concepts of value attributed to specified tasks or output bonuses, which results in hidden discrimination against women, and that the measures adopted to combat discrimination are inadequate.

2. The UGT indicates that one of the hidden means of labour and salary discrimination, of which women are the chief victims, is the precarious nature of the employment produced by the high rate of temporary work. Short-term contracts provide for a lower salary which, in many cases, is around 50 per cent of the average salary. The Committee notes that, according to bulletin No. 17 of the Economic and Social Council, entitled "Social and employment panorama of women in Spain" of July 1999, only 35 per cent of contracts of indeterminate duration concluded in 1998 were with women.

3. The UGT also claims that the Government had rejected the trade union dialogue proposed repeatedly by the UGT on the subject of discrimination.

4. The Committee would be grateful if the Government would provide information in its next report on the matters raised by the UGT, as well as including the information requested by the Committee in its previous comments.

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The Committee notes the detailed information and statistics provided by the Government in its report in reply to the Committee's previous observations. It also refers to the comments on the application of the Convention made by the General Union of Workers (UGT).

The Committee particularly notes the Government's indications on the incompatibility between the concept of remuneration set out in the Convention and the concept of wages contained in section 26 of the Workers' Charter. Furthermore, it notes with interest the ruling by the Supreme Court of 22 July 1997, in accordance with which "differentiated treatment, if it is not to be deemed a sign of discrimination, must be justified by objective and adequate reasons in such manner that the remuneration for work of equal value must be equal for all concerned at least at the basic level and with the exception of certain wage components such as seniority. This principle of equal pay for work of equal value in the same operation and undertaking is also recognized in ILO Convention No. 117 (RCL 1974/1355)."

The Committee requests the Government to continue providing information on the measures adopted to promote the application of this principle in practice.

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1. The Committee takes note of the detailed information and statistics contained in the Government's report in reply to its previous comments. It also notes the comments on the application of the Convention in practice sent by the Trade Union Federation of Workers' Commissions (CC.OO.) and the General Union of Workers (UGT).

2. The Committee notes that the CC.OO. generally criticizes the continuing wage gap between the earnings of men and the earnings of women, which it estimates to be, for monthly wages, 72.2 per cent. While both workers' organizations applaud the change in the Workers' Statute, noted with satisfaction in the Committee's previous observation, they claim that there continues to be indirect discrimination based on the undervaluation of the work carried out by women. The UGT adds that the concept of "salary" under section 28 of the Workers' Statute does not correspond to the definition of remuneration contained in the Convention; and that the enforcement measures remain inadequate despite certain improvements introduced by sections 96 and 180 of the Act on Labour Procedures (such as cancellation of unjustified dismissals; reversal of the burden of proof in discrimination cases; and partial annulment of collective agreements which are found to contain discriminatory clauses).

3. While awaiting a detailed reply from the Government on these comments, the Committee notes that it has taken note in previous direct requests of the measures being taken by the Government to determine the causes of the wage discrepancies (such as, the activities of the National Women's Institute and the training of the labour inspection services regarding wage discrimination). The Government's most recent report also reflects the serious attempts being made by the authorities and the courts to redress any imbalances that may be due to the sex of the worker. The Committee therefore trusts that the Government's reply to the above comments on the practical application of the legislation which enshrines the principle of the Convention will contain similar details, in an effort to meet the concerns of the CC.OO. and the UGT.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the judicial rulings which were transmitted and, in particular, the ruling which refers to ILO Conventions as a supplementary source of law. In view of the fact that the above rulings argue that they are the sole determinant of the law governing the situation of the plaintiff in respect of the defendant, the Committee requests the Government to indicate the scope of rulings of the highest courts of law in the country and whether, as a consequence, all discriminatory provisions may be understood as having been repealed, thereby limiting the number of cases in which workers have to seek justice before the courts.

2. The Committee notes the detailed information which was supplied concerning: the wage rates applicable in the public sector, by sex and grade; the percentage of women covered by collective agreements and the distribution of the sexes at the various levels; the wage rates and average incomes earned by both sexes, broken down by qualification, sector, seniority and level of qualifications, with the corresponding percentage of women. The Committee is nevertheless bound to note that, according to the survey of wage discrimination by the National Women's Institute in 1989, remuneration for comparable levels of qualification and seniority are higher for men than for women at all occupational levels. The 1991 survey also shows that average earnings per month and per hour in various sectors are lower for women than for men.

With reference to the measures taken with a view to determining the causes of these wage disparities and the action taken to eliminate them, the Committee notes the activities of the National Women's Institute and the organization of meetings on "The function of the labour inspection services in relation to the occupational activities of women", the agenda of which included conditions of work and wage discrimination. It requests the Government to send the final document prepared as a result of the above meetings. The Committee would also be grateful if the Government would keep it informed of the studies or similar activities which are envisaged or have been undertaken to examine the reasons why disparities persist between the remuneration of women and men.

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1. The Committee notes with satisfaction the adoption of the amendment to section 28 of the Workers' Charter 1980, which reads: "For the performance of work of equal value the employer shall pay the same wage, for both the basic wage and emoluments, without any discrimination on grounds of sex", and which is in conformity with Article 2 of the Convention.

2. The Committee is addressing a request directly to the Government concerning certain other points.

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The Committee notes with interest the report transmitted by the Government and the detailed information attached to the report in reply to its previous direct request.

1. The Committee notes the judicial rulings which were transmitted and, in particular, the ruling which refers to ILO Conventions as a supplementary source of law. In view of the fact that the above rulings argue that they are the sole determinant of the law governing the situation of the plaintiff in respect of the defendant, the Committee requests the Government to indicate the scope of rulings of the highest courts of law in the country and whether, as a consequence, all discriminatory provisions may be understood as having been repealed, thereby limiting the number of cases in which workers have to seek justice before the courts.

2. The Committee notes the detailed information which was supplied concerning: the wage rates applicable in the public sector, by sex and grade; the percentage of women covered by collective agreements and the distribution of the sexes at the various levels; the wage rates and average incomes earned by both sexes, broken down by qualification, sector, seniority and level of qualifications, with the corresponding percentage of women. The Committee is nevertheless bound to note that, according to the survey of wage discrimination by the National Women's Institute in 1989, remuneration for comparable levels of qualification and seniority are higher for men than for women at all occupational levels. The 1991 survey also shows that average earnings per month and per hour in various sectors are lower for women than for men.

With reference to the measures taken with a view to determining the causes of these wage disparities and the action taken to eliminate them, the Committee notes the activities of the National Women's Institute and the organization of meetings on "The function of the labour inspection services in relation to the occupational activities of women", the agenda of which included conditions of work and wage discrimination. It requests the Government to send the final document prepared as a result of the above meetings. The Committee would also be grateful if the Government would keep it informed of the studies or similar activities which are envisaged or have been undertaken to examine the reasons why disparities persist between the remuneration of women and men.

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With reference to its previous direct requests, the Committee notes the detailed information and statistics supplied by the Government in its report. It also notes the comments on the application of the Convention in law and in practice sent by the General Union of Workers (UGT) and the Trade Union Federation of Workers' Commissions (CC.00).

1. The Committee notes that both the UGT and the CC.OO raise the insufficiency of the current labour legislation in ensuring the principle of equal remuneration for work of equal value and the poor implementation of that principle in practice, particularly through indirect discrimination in private enterprises. The UGT points out that the Constitution and the Workers' Charter protect against discrimination on the basis of sex in general terms without specifying the concept of "work of equal value". It refers to cases of indirect or veiled wage discrimination that have gone to the courts over the issue of whether the work being done was "equal". It cites the February 1992 statistics of the National Institute of Statistics showing that women workers in higher qualification categories earn only 73.9 per cent of men's remuneration. The CC.OO calls for a clarification in the legislation of the concept "work of equal value" since factors typically linked to men, such as strength, are often given more value over factors like concentration and skill which in turn are associated with women. It also cites court cases which held that there has been indirect wage discrimination through the granting of various wage supplements mainly to men.

The Government states, in its report, that the Second Plan for Equal Opportunities for Women (1993-95) proposes an amendment to section 28 of the Workers' Charter so as to introduce expressly the concept of "work of equal value" into the national legislation. It points out at the same time that the Constitutional Court and European Community law had, in any case, given a sufficiently broad interpretation to that provision.

The Committee notes this development with interest. It asks the Government to inform it, in its next report, of progress towards introducing the concept of Article 2 of the Convention into the 1980 Workers' Charter, and to transmit a copy of the amendment once adopted.

2. The Committee is addressing a direct request to the Government on certain other points.

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The Committee has taken note of the information supplied by the Government in response to its previous direct request concerning the system of job appraisal.

1. The Committee notes with interest that section 96 of the articled text of the Labour Procedure Act approved by Royal Legislative Decree No. 521/1990 of 27 April 1990 provides for the reversal of the burden of proof, which will be laid on the defendant in proceedings in which the existence of signs of discrimination on grounds of sex has been alleged; this step should facilitate punishment for wage discrimination. The Committee has also noted with interest judgement no. 145/1991 of the Constitutional Court, which confirms that section 28 of the Workers' Charter should be interpreted in the light of the Convention to provide for equal remuneration for work of equal value, and which states that work cannot be evaluated on the basis of criteria connected with the sex of the workers, and in particular with the status of women, and reflecting social or economic undervaluations of women's work. The Committee asks the Government to be good enough to supply in its forthcoming reports information on court decisions relating to the questions dealt with in the Convention.

2. The Committee has noted the information supplied in the report concerning labour inspection with regard to equal remuneration between 1989 and 1990. The Committee asks the Government to be good enough to state in its next report what action has been taken on the violations detected.

3. The Committee notes from the information supplied by the Government that the General Union of Workers (UGT) considers that the recognition of equality in the Constitution and the Workers' Charter does not prevent wage differences contrary to the Convention from occurring in practice. According to UGT, wage discrimination means in practice that women are receiving remuneration 25 to 30 per cent less than that received by men. This situation is due to direct discrimination, where the women receive smaller wages even when they are in the same occupational category and doing equal work with men; to indirect discrimination, where wage differences result from differences in other spheres such as access to better-paid occupations, more significant occupational categories or undertakings that pay higher wages; and to differences in in-house promotion and job rotation. In its reply the Government states that, while the Constitution and the national law lay down the principle of equal remuneration without discrimination on grounds of sex, that principle does not mean that no wage differences can be justified. With regard to the case in which women receive lower wages than men in breach of section 28 of the Workers' Charter, the Committee asks the Government to refer to its foregoing request concerning the action taken in regard to detected offences of violation of equal remuneration.

Furthermore, the Committee finds that it has no recent information on wage levels from which to assess how the principle of equal remuneration spelt out in the national law is applied in practice. The Committee asks the Government to be good enough to supply in its next report:

(i) the wage scales applicable in the public service, showing the distribution of men and women at the various levels;

(ii) the text of collective agreements or other texts which fix wage levels in the various sectors of activity, showing if possible the proportion of women covered by such collective agreements and the distribution of men and women at the various levels;

(iii) statistical data on wage rates and the average incomes received by men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women;

(iv) information concerning any inquiry or survey begun or planned for the purpose of determining the causes of wage disparities and concerning the measures taken or contemplated as a result of such surveys.

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1. With reference to its previous comments, the Committee notes with interest the detailed information supplied by the Government in the reports received in 1988 and 1989, and the copies of judicial decisions and collective agreements attached to the first of these reports.

In particular, the Committee notes with interest the interpretation given to article 14 of the national Constitution by the Constitutional Court in Decision No. 31/84 of 7 March 1984, under which equal wages as provided for in article 14 must be understood as applying not only to the same work but also to work of an equal value. The Committee also notes with interest the adoption of Act No. 8 of 7 April 1988, and in particular the provisions of this Act respecting violations and the sanctions imposed in the event of discrimination as regards remuneration on the grounds, among others, of sex. It also notes that the labour inspection services have been reinforced through this Act and that 15 per cent of the violations reported during 1988 and 1989 concerned cases of discrimination as regards remuneration.

The Committee requests the Government to continue supplying information on the measures that have been taken and the progress achieved in applying the principle of equal remuneration for men and women workers for work of equal value, in the sense of the Convention. With reference to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration, the Committee requests the Government to provide recent information on the methods and criteria used in practice to undertake an objective appraisal of jobs and to determine the equal value that they involve, and the remuneration that must be applied to them.

2. The Committee also requests the Government to indicate how the principle of equal remuneration for work of equal value is applied to employees in the public sector, including officials. Please supply copies of any texts adopted under Act No. 30/1984 and copies of collective agreements that are concluded following negotiations with the trade unions regarding the evaluation and classification of jobs in this sector.