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Workers' Representatives Convention, 1971 (No. 135) - Spain (RATIFICATION: 1972)

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The Committee notes the observations of the General Union of Workers (UGT), the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), provided by the Government and the Government’s comments in this respect.

Article 2 of the Convention. Appropriate facilities. The Committee notes the adoption of Act No. 12/2021 amending the consolidated text of the Workers’ Charter to guarantee the labour rights of persons engaged in delivery work through a digital platform (28 September 2021). The Committee notes with interest that the amendment to section 64 of the Charter guarantees the right to information and consultation of workers’ representatives, recognizing the right of the enterprise committee to be informed of the rules and specifications on which the algorithms or artificial intelligence systems are based that affect decision-making that could have an impact on working conditions, and accessing and retaining employment, including profiling (new paragraph 4(d)). Inasmuch as it may facilitate the collective representation of workers in the sector, the Committee also welcomes the presumption of the existence of an employment relationship for workers engaged in the delivery or distribution of any kind of product or merchandise, when the enterprise exercises its powers of organization, administration and supervision by means of the algorithmic management of the service or working conditions through a digital platform (section 8(1)).

The Committee also notes the Government’s indication regarding the adoption of Act No. 10/2021 on remote work (9 July 2021), which refers to regular work (performed over a period of three months for a minimum of 30 per cent of the working day or a proportional percentage depending on the length of the contract), section 19 of which seeks to guarantee the collective rights of persons who engage in remote work with a view to ensuring collective bargaining. The Committee notes with interest that the Act establishes facilities for workers’ representatives, such as access to the communications and email addresses used in the enterprise, a virtual bulletin board and a clear line of communication between workers and their representatives. It also seeks to guarantee that workers can effectively participate in the activities organized or held by their representatives, including by exercising their voting rights in the elections of their legal representatives. The Committee requests the Government to provide information on the application in practice of these two Acts.

Application of the Convention in practice. Court decisions. The Committee notes the information provided by the Government with respect to the various court decisions handed down in relation to the application of the Convention. The Committee notes in particular those that confirm the right to information of trade union delegates and workers’ representatives.

The Committee noted information supplied by the following State in an answer to a direct request: Slovakia.

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The Committee takes note of the Government's report and the observations submitted by the General Union of Workers (UGT). The UGT states that there are certain practical shortcomings in the provisions covering the guarantees to enable workers' representatives to carry out their functions, and refers specifically to the use of time off. The Committee takes due note of the court decisions attached to the Government's report concerning the UGT's complaints regarding time off.

In addition, the Committee notes with interest the promulgation of the Act respecting labour procedure issued by Royal Legislative Decree No. 521/1990, repealing the Act on labour procedure issued by Royal Legislative Decree No. 1568/1980, and the promulgation of Act No. 2/1991 of 7 January 1991, extending the functions of workers' representatives with regard to labour contracts.