Texts of pending comments

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO), the General Union of Workers (UGT) and the Spanish Confederation of Employers' Organizations (CEOE) communicated with the Government’s report. The Committee notes the Government’s responses to these observations.

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee observes that, in its report, the Government refers to the adoption of laws and regulations concerning residence and work permits of migrant workers, such as: (1) Royal Decree-Law 11/2018, of 31 August, which refers to the European Union (EU) Directive 2016/801, and concerns, inter alia, the procedures for specific residence, mobility and work permits for third-country nationals carrying out research work in the country, international students who completed their studies in the country and wish to stay to seek employment opportunities, as well as foreign students wishing to participate in internship programs; (2) Order TMS/331/2019 concerning the requirements for the authorisation to electronically present files for residence permits covered by the international mobility regime; (3) Resolution of 8 April 2019 of the State Migration Secretariat concerning agreements on residence and work permits for third-country foreign nationals working in Spanish fishing boats that work, without an international fishing agreement, outside the Exclusive Economic Zone of Spain or outside the Mediterranean Sea. The Committee also notes that, in their observations, CCOO indicates that Royal Decree-Law 7/2018, of 27 July, on universal access to the National Health System, restores access to public health services to migrant workers in an irregular situation, and CEOE highlights measures adopted in 2020 to expedite the process of validating foreign certificates, especially in the health sector, which allowed validating more than 1800 certificates. The Committee further notes that the Government also refers to numerous legislative amendments that, albeit not focused on migrant workers specifically, may also be relevant to them, which include those relating to equality and non-discrimination, equal remuneration between men and women, as well as urgent measures for ensuring social protection and combating precarious work.

In addition, the Committee observes that the Government highlights that Labour Inspection services have continued to monitor and enforce labour legislation regarding migrant workers, and that the Strategic Plan for Labour Inspection and Social Security 2018–2020, includes specific measures to improve the protection of labour rights of migrant workers residing in Spain. The Government also explains that a Strategic Plan on Equal Opportunities 2018-2021 is currently being prepared. It adds that the Decent Work Strategy 2018–2019–2020 includes a number of specific measures to promote migrant workers’ employment in non-discriminatory conditions. The Committee requests the Government to continue providing information on the application in practice of any measures adopted in relation to the Convention, and in particular on measures adopted under the Decent Work Strategy 2018-2019-2020 and the results achieved. It also requests the Government to provide information on any advancements regarding the adoption of the Strategic Plan on Equal Opportunities, and particularly on whether it will include specific measures for migrant workers, including women migrant workers. The Committee requests again the Government to provide updated information on the activities of the Forum for the Social Integration of Immigrants.

Article 1(c). Information on general agreements and special rules. The Committee notes CCOO’s observations mentioning a bilateral migration agreement signed with Honduras on 28 May 2021 which, according to the Government’s reply, has not entered into force and, thus, has not been published yet. The Committee also takes note that the Government refers, in its report, to the Young Generation as Change Agents (YGCA) programme, which is dedicated to promoting migration of Moroccan graduates who studied at least a 1 year Master’s degree in Spain in the academic year 2019-2020. It notes that 98 students have benefited from this programme and that 23 of their projects (10 of which belong to female students) are being implemented in Morocco. The Committee requests the Government to provide information on the date when the bilateral migration agreement with Honduras will enter into force, and to provide a copy of the same. It also requests the Government to continue providing information on the general agreements and special rules adopted regarding migration for work.

Article 2. Return. The Committee takes note of the Government’s indication that the Return to Spain Plan was approved in 2019 with the objective to promote the return of Spanish citizens living abroad, including a pilot phase undertaken between June 2019 and June 2020 that provided services of employment placement and mentoring, resolution of administrative enquiries and psychological counselling to a total of 200 emigrants. The Government also indicates that the programme is currently being reframed due to the health, social and economic consequences of the Covid-19 pandemic. The Committee also notes CCOO’s observations that the results of the Return to Spain Plan are very modest and that, in reframing return programmes, other aspects should be considered, such as: (1) opening it up to a broader audience (beyond qualified workers, youth or persons born in Spain), (2) providing labour counselling through public employment services rather than private employment agencies, (3) providing measures tostrengthen the efficiency and specialization of public employment services, and (4) ensuring good coordination among different public administrations. The Committee requests the Government to provide information on the reframing and further implementation of the Return to Spain Plan 2019, and to continue providing information on any other measures related to the return of Spanish migrant workers.

Article 3. Measures against misleading propaganda. The Committee notes that, regarding this point, the Government again provides detailed information on enforcement activities carried out by labour inspectorates. The Committee also notes that, throughout its report, the Government refers to measures aimed at information and sensitization, including: (1) the promotion of a better understanding of migrant workers about their social rights and corresponding enforcement mechanisms, included in the Strategic Plan for Labour Inspection and Social Security 2018–2020; (2) sensitization measures on the importance of complying with equality and labour legislation, included in the Decent Work Strategy 2018–2019–2020; (3) the availability of information factsheets on the immigration website of the Ministry on Inclusion, Social Security and Migrations; and (4) data on the number of workers benefiting from the provision of orientation and employment information services. The Committee recalls the relevance of Article 3 of the Convention for the protection of workers from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences for the workers involved. Given migrants’ vulnerability to this form of abuse, the Committee requests the Government to provide detailed information on the specific measures taken to prevent misleading propaganda and to penalize conduct that is misleading and harmful to migrants for employment, in addition to the enforcement activities carried out by labour inspectors and other information and awareness-raising activities.

Article 6(1)(a)(iii). Equal treatment in respect of accommodation. The Committee takes note of the Government’s indication that there is no differential treatment between migrant workers that are long-term residents and other migrant workers when applying section 13 of the Basic Act No. 4/2000 of 11 January, concerning rights and freedoms of foreign citizens in Spain and their social integration. The Government further highlights that foreign temporary residents, foreign long-term residents and Spanish citizens can benefit from the State housing plan 2018–21. The Government also indicates that the implementation of the plan corresponds to autonomous communities.

The Committee also notes that, in reply to its previous comments requesting information on measures to guarantee migrants in Alicante, Almería and Murcia no less favourable treatment than that given to Spanish citizens, the Government indicates that no studies have been undertaken from a human rights perspective regarding settlements of seasonal workers in agriculture, but that draft “Recommendations on settlements” are being prepared by the Council for the Elimination of Racial and Ethnic Discrimination. In its observations, CEOE confirms employers’ organizations active participation in the elaboration of such recommendations. In this regard, the Committee also takes note of the adoption of Royal Decree-law 5/2020, which enhances the scope of action of Labour Inspection to the accommodation and places of rest that are outside of the place of work or the place where work is performed. But the Committee also notes with concern that the United Nations Special Rapporteur on extreme poverty and human rights highlighted, in its Report of 2020 on his visit to Spain, that migrant workers in Huelva are living in migrant settlements in inhuman conditions and that, according to civil society, around 2300 and 2500 people live in such conditions during the strawberry season (A/HRC/44/40/Add.2, of 21 April 2020, paragraph 74). The Committee notes the statistical information provided by the Government on the number of employment contracts with migrant workers during 2017-2020, which is disaggregated by Autonomous Community and indicates that, in 2020, there were 595,975 contracts in Andalucía, 407,984 in Murcia and 381,148 in Comunidad Valenciana. The Committee requests the Government to provide further information on the application of the State housing plan 2018-21 to migrant workers, including measures adopted at the level of autonomous communities, and more specifically data on the number of migrant workers who benefited from the plan. The Committee also requests the Government to provide information on:

(i) measures taken to guarantee that migrant workers living in settlements receive no less favourable treatment than that given to Spanish citizens;
(ii) the advancement on the elaboration and implementation of the “Recommendations on settlements”; and
(iii) the number and nature of the violations detected by the labour inspection services and any judicial or administrative decisions regarding equality of treatment of migrant workers regarding accommodation, as well as the sanctions imposed, and the remedies granted.

Labour inspection. The Committee notes the statistical information provided with the Government’s report on the actions undertaken by labour inspection in relation to the application of the Convention, including by providing numbers of violations identified and overall amounts of penalties imposed. The Committee notes the Government indication that a specific campaign has been pursued to ensure that conditions of work of migrant workers are not discriminatory compared to those of national workers. The Committee further notes that pursuant to this campaign 638 inspections were carried out in 2020, leading to the identification of 25 violations that affected 143 workers. The Committee also takes note that the Government refers to sectorial inspection campaigns in the agricultural sector (in particular, two campaigns to control risks related to use of machinery and equipment and other risks, as well as a campaign regarding undeclared work) and in the fishing sector (through SEGUMAR campaign on the inspection of fishing boats regarding occupational safety and health requirements). The Committee requests the Government to continue providing information on the action of the labour inspectorate, disaggregated by economic sectors. The Committee also requests the Government to provide detailed information on thepenalties imposed for the various specific types of violation.

Articles 2 and 7. Employment services. In response to its previous request for information on the number of migrant workers who have benefited from employment services, the Committee notes the vast data information supplied by the Government on the number of migrant workers’ employment contracts (also disaggregated by sector and Autonomous Community), requests for work from migrant workers and unemployed migrants for the period 2017-2020 and disaggregated by sex, Autonomous Community, and citizenship from the European Union (EU) and non-EU countries. The Government also provided data, disaggregated by sex and citizenship from EU and non-EU countries, on the number of migrant workers who benefited from employment services, inter alia: orientation and employment information, orientation for self-employment, training, labour intermediation, and action on transnational mobility. In this regard, the Committee observes that: (1) the number of migrant workers beneficiaries of employment services increased from 628,044 in 2017 to 879,884 in 2019 and 779,001 in 2020, the majority coming from non-EU countries; (2) the number of migrant workers beneficiaries of employment services per year show an approximatively even participation between women and men (indicating, for instance, a participation of 385,770 men and 393,231 women in 2020); (3) for the period 2017-2020, orientation and employment information were the services provided the most. The Committee requests the Government to continue providing information on the number of migrant workers who have benefited from employment services, disaggregated, where possible, by sex, place of origin and sector of activity. It requests the Government once again to indicate procedures for cooperation with the corresponding services of other countries.

Annex I, Article 3. Operations of recruitment, introduction and placement of migrant workers. Private employment agencies. In its previous comments, the Committee noted UGT’s observations indicating that a number of employment agencies specialized in domestic work offered lower starting wages and hours of work more subject to change for workers recruited abroad, and requested the Government to provide information on the application in practice of section 36 of the amended Employment Act, adopted by Royal Legislative Decree No. 3/2015 of 23 October. The Committee notes that the Government refers to section 35 of the same Decree, which provides that public employment services, their collaborating entities and private employment agencies shall avoid direct or indirect discrimination in access to employment (including job offers, selection processes and criteria, training to access a position, and working conditions), and that, when entities managing labour intermediation identify a discriminatory job opening, they shall communicate with the entity having issued it. The Government also makes further reference to the prohibition of discrimination included in sections 3 and 23 of Basic Act No. 4/2000 of 11 January, concerning rights and freedoms of foreign citizens in Spain and their social integration, section 17 of Royal Legislative Decree No. 2/2015 of 23 October, adopting the revised text of the Workers’ Charter, and section 4(3) of Royal Decree 1620/2011 establishing special labour regulations for domestic work. It also indicates that section 16(1)(c) of the Act respecting social offences and penalties (approved by Royal Legislative Decree No. 5/2000 of 4 August) includes discrimination in access to employment as a “very grave” violation. The Committee further notes that the Government provides data on inspections carried out regarding labour intermediation, but that it is not possible to identify the number of migrant workers affected. The Committee also takes note of UGT’s observation that recruitment undertaken by employment agencies with candidates that are outside of the Spanish territory may fall outside of the scope of Royal Legislative Decree No.3/2015, as well as that the application in practice of section 35 presents some difficulties in the domestic work sector. The Committee requests the Government to provide information about measures taken to ensure the full application of Royal Legislative Decree No.3/2015, including any specific measures addressed to migrant workers, as well as on cases of non-compliance detected by the labour inspectorate. The Committee also requests the Government to provide information on whether Royal Legislative Decree No. 3/2015 covers recruitment from candidates that find themselves outside of the Spanish territory.

Annex II, Article 3. Operations of recruitment, introduction and placement of migrant workers. Regarding the collective management of recruitment in countries of origin (GECCO), the Committee takes note of the data supplied by the Government on the number of workers selected to work in the agricultural sector. The Committee observes that, according to such data, in 2020 there were 15,027 workers recruited (14,754 of which were women), that 14,629 workers came from African countries, and that 14,552 worked in Andalucía. The Government also provides information on the regulatory framework on collective management of recruitment in countries of origin between 2017 and 2020. The Committee takes note, in particular, of the fact that Order ISM/1289/2020, of 28 December, regulating collective management of recruitment in countries of origin for 2021, includes essential sectors beyond the agriculture sector, and also guarantees reinforced health and safety measures. The Committee also notes that such Order foresees employers’ obligation to provide adequate accommodation that meets requirements established by legislation.

The Committee further notes that, in its observations, CCOO raises its concern on the low salaries for these recruitment schemes in the agricultural sector, as well as on the feminization of strawberry picking jobs and the fact that recruiting pregnant women is treated as a “health issue”. The Committee notes that, in this regard, the Government explains that salaries in agricultural sectors are determined by the particularities of the sector, but that recent negotiations aim to establish fair salaries and that general minimum salary rates were increased in the country. It also indicates that the greater presence of women in strawberry picking is due to the fact that, in origin countries, agriculture is mainly carried out by women, who have broader experience in this field. The Government also indicates that hiring pregnant workers requires different transportation and accommodation arrangements and that, sometimes, hard physical working conditions have an impact on the productivity of such workers. In this regard, the Committee observes that the Decent Work Strategy 2018–2019–2020 includes, among its measures, an increased action by Labour Inspection to supervise conditions of work of migrant workers, particularly women in the agricultural sector. UGT also points out that migrant workers repeatedly recruited through GECCO schemes every year receive a service contract while, if they lived in Spain, they would have access to an open-ended intermittent contract (in Spanish, “contrato fijo-discontínuo”, which refers to a type of permanent contract whereby work is carried out intermittently and in dates that are not repeated) allowing access to other benefits. The Government clarifies that migrant workers’ access to open-ended intermittent contracts would not be possible where workers start and end their work on the same date every year. The Government also highlights obstacles encountered in the application of GECCO schemes, which include difficulties in controlling workers’ return to countries of origin, obtaining complete and correct information about candidates, and optimizing profiles selected, as well as difficulties to provide information and sensitization and to counter discrediting campaigns. The Committee requests the Government to provide information on the measures taken to apply Order ISM/1289/2020, and particularly regarding the reinforcement of occupational health and safety measures, as well as on any other measures taken to ensure that GECCO is undertaken in line with the provisions of Annex II of the Convention. The Committee further requests the Government to continue providing information on the number of foreign workers selected through GECCO, indicating their sex, place of origin and economic sector.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), the General Union of Workers (UGT) and the Spanish Confederation of Employers’ Organizations (CEOE), communicated with the Government’s report. The Committee notes the corresponding responses of the Government.

Article 6(1)(a) and (b) of the Convention. Equal treatment regarding conditions of work and social security. The Committee takes due note that, in its report, the Government indicates that, under section 5(4) of Royal Decree No. 1620/2011 of 14 November establishing special labour regulations for domestic work, employers have the obligation to inform workers of essential elements of the contract and main conditions of work, where the contract lasts more than 4 weeks (including information on salary, payments in cash, duration and distribution of working hours, remuneration and compensation systems, and the regime of overnight stays where applicable). In addition, the Government also refers to section 2(2) of Royal Decree No. 1659/1998 of 24 July to apply section 8(5) of the Workers’ Statute dealing with information for workers on the main elements of the employment contract, which lists the information that a labour contract should contain. Also, regarding information, the Committee takes note of CCOO’s observation that the Ministry on Inclusion, Social Security and Migration’s website contains no specific guidance for domestic workers, as well as of the Government’s reply indicating that the general information provided is applicable to domestic workers correspondingly.

Regarding effective and accessible complaints mechanisms for domestic workers, the Government indicates that the Labour Inspection is able to access private homes within the limits of the right to inviolability of the home (and, hence, requiring the owner’s consent or a judicial authorization). The Committee notes with interest the Government’s indication that a specific inspection campaign on domestic work was launched in 2021, which addresses informal economy by prioritizing complaints presented and includes technical assistance and sensitization on the regularization of salaries that are below minimum salary rates (and of corresponding contributions to social security schemes). The Committee also observes that the Government indicates it has taken measures to make claim forms available in different languages. The Committee takes due note that the Government also provides data on the inspections carried out in the domestic work sector for the period 2017–20, showing that: (1) the Service on Social Security and Foreigners did 1,072, 952, 956 and 669 inspections in 2017, 2018, 2019 and 2020 respectively, all of them concerning undeclared work; (2) in 2020, 161 inspections carried out by the Service of Labour Relations and 28 inspections carried out by the Occupational Safety and Health Service were originated in workers’ complaints. The Committee notes, however, that such data does not indicate to what extent such claims were presented by migrant domestic workers. The Committee further notes UGT’s observations that measures foreseen to monitor the implementation of Royal Decree 1620/2011, such as an impact evaluation and the creation of a group of experts, have not been undertaken.

The Committee expects that, in applying section 2(2) of Royal Decree No. 1659/1998 and section 5(4) of Royal Decree No. 1620/2011, the Government will continue to take measures so that the relevant information is provided to migrant domestic workers in a manner and language that they understand, and take other necessary and appropriate measures to monitor the implementation of Royal Decree No. 1620/2011 as soon as possible. The Committee also asks the Government:

(i) to provide information on the implementation of the 2021 labour inspection action campaign on domestic work and the results achieved, and
(ii) to continue providing statistical information on complaints filed before the Labour Inspection, courts or any other competent authority, in particular those filed by migrant domestic workers, as well as the inspections conducted and sanctions imposed.

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), of the General Union of Workers (UGT) and of the Spanish Confederation of Employers’ Organizations (CEOE), communicated with the Government’s report. The Committee also notes the Government’s corresponding response.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with interest the information in the Government’s report regarding the adoption of Royal Decree-law No. 6/2019 of 1 March, on urgent measures to ensure equality of treatment between women and men in employment and occupation, which amends section 28 of the Workers’ Statute, establishing that there is work of equal value “when the nature of the functions or tasks actually performed, the educational, occupational or training conditions required to undertake them, the factors strictly related to their performance and the terms and conditions of employment under which they are carried out are effectively equivalent”. The Committee also observes, according to the Government’s report, that section 4 of Royal Decree No. 902/2020 of 13 October, on equal pay for women and men, develops this concept and defines the meaning of “nature of the functions or tasks”, “educational conditions”, “occupational and training conditions” and “terms and conditions of employment” and “factors strictly related to the performance of the work”. The Committee requests the Government to provide information on the application in practice of the concept of “work of equal value” defined in section 28 of the Workers’ Statute, as amended by Royal Decree-law No. 6/2019 and Royal Decree No. 902/2020.

Articles 1 and 2. Measures to address the gender wage gap and promote equal remuneration. Instruments for transparency in remuneration. Developments in legislation. In its previous comments, the Committee asked the Government to continue its efforts to reduce the gender wage gap, in collaboration with employers’ and workers’ organizations, and to monitor the impact of the measures adopted. The Committee notes with interest that the Government indicates the adoption, under Royal Decree-law No. 6/2019, of various measures for transparency in remuneration. Firstly, the Committee notes the obligation, under section 28 of the Workers’ Statute, for any enterprise to maintain a record of wages to which the workers’ representatives have right of access. In accordance with Royal Decree No. 902/2020, the record shall contain the average amounts of the wages, supplementary allowances and benefits of the staff (including management and senior management) disaggregated by sex, the arithmetic average and the median of what is actually received for each of those segments in each occupational group, category, level, post or any other classification system. In this connection, the Committee notes the Government’s indication with regard to the guidance material produced by the Institute of Women (IMs) and the creation of a wage record tool, following an agreement reached in collaboration with the employers’ and workers’ organizations in 2021, to help enterprises create their wage records, as well as the CEOE’s observations, according to which this tool will allow comparison between and grouping of reduced-time or part-time posts. The Committee also takes note of the Government’s clarification, in response to the CEOE observations, that the wage record tool does not replace the self-diagnosis tool for the gender wage gap (created in 2016), which is still active and allows objective and gender-sensitive measurement of wages.

The Government also indicates that enterprises of more than 50 workers are now obliged to adopt and register an equality plan. In this regard, the Committee refers to its comments formulated in respect of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and notes that the prior negotiated analysis to elaborate the equality plan must take occupational classification systems, remuneration, the under-representation of women, and a pay audit into consideration. Moreover, under Royal Decree No. 902/2020, the pay audit shall include an analysis of the remuneration situation of the enterprise, including an evaluation of the work posts and factors resulting in the wage gap, as well as a corrective action plan. The Committee notes, in addition to the observations of the CCOO, that the Government reports that a technical guide will be elaborated, in collaboration with the social partners, on conducting pay audits that include a gender perspective. The Committee also notes that the UGT states, in its observations, that violations of non-compliance with these new measures should be more precise, and more heavily penalized, with both absence of information and the provision of incorrect information on wages specifically classified as very serious offences in application of Royal Decree No. 902/2020. The Government maintains that appropriate offences are provided for in this regard, as comprehensive wording, covering all non-compliance with the law, has been included, adding that a general increase in the amounts of the penalties will come into force in 2021. The Committee requests the Government to provide information on the implementation, in practice, of the instruments for transparency in respect of remuneration, as well as any difficulties encountered in applying these tools, and the results obtained through their application, and in particular: (i) information on good practices identified through the wage records and pay audits; (ii) information on the number of violations identified in respect of the obligations regarding the wage records and the pay audit; and (iii) information on the assistance and guidance activities carried out to implement the instruments for transparency in respect of remuneration, indicating the numbers of beneficiaries.

Public sector. The Committee notes the UGT’s indication that Royal Decree No. 901/2020 and Royal Decree No. 902/2020 do not apply to civil servants in public administration, pointing out that there is no obligation to maintain records of wages, carry out pay audits and register formulated equality plans. In this regard, the Government clarifies that the amendments to Royal Decree-law No. 6/2019 (and consequently, Royal Decrees Nos. 901/2020 and 902/2020) refer to sections 45 and 46 of Basic Act No. 3/2007, of 22 March, on effective equality for women and men, which concern obligations for enterprises. However, the Government indicates that section 64 of that Act sets out the obligation to establish an equality plan with regard to the General State Administration (AGE), and that the III Plan for Gender Equality in the AGE and in connected or dependent public bodies was adopted in 2020. The Committee notes that Part 3 of the Plan refers to terms and conditions of employment and career development, and provides measures for equal remuneration for women and men, including the analysis of the gender wage gap in the AGE and the development of a plan of action to eliminate the gap through methodologies that take Royal Decree No. 902/2020 as a model. In its 2012 General Survey on fundamental Conventions, paragraphs 670 and 671, the Committee indicates that Member States bound by the Convention cannot be passive in their approach to implementing the Convention and are obliged to ensure the application of the principle where the State is the employer or otherwise controls business, or where the State is in a position to intervene in the wage-fixing process. The Committee requests the Government to provide detailed information on the measures adopted to apply the principle of the Convention in the different areas of public administration, including measures adopted under the AGE III Plan for Gender Equality 2020, specifying the concept of “work of equal value”, the mechanisms employed and results obtained.

Measures to address the underlying causes of the gender wage gap. In its earlier comments, the Committee requested the Government to continue providing information on all measures adopted to address the underlying causes of the wage gap and to provide statistical information disaggregated by sex on the participation of men and women in the labour market, in education and vocational training. With regard to occupational segregation, the Committee notes the information provided by the Government to the effect that there are sectors with a higher participation of women workers (office and administration, catering, protection, retail and personal services, and domestic work), sectors with a higher participation of men workers (industry and construction, the military), and sectors in which a slow increase in women’s participation can be observed (technical, scientific and intellectual occupations, leadership and management positions). The Committee also observes, according to the statistics provided by the Government, that women’s wages represent 88.55 per cent of men’s wages in the services sector; 84 per cent in technical, scientific and intellectual occupations; 80.3 per cent in office work involving contact with the public; 83.8 per cent in office work not involving contact with the public; and 82.52 per cent in the restaurant and retail sector. The Committee also notes that the CCOO indicates that despite the 2019 Wage Structure Survey showing a reduction in the wage gap, the economic gender gap continues to grow, as the reduction referred to is due largely to the increase in the minimum interprofessional wage, and women form the majority of those receiving the lowest wages. The CCOO also mentions that the sectors employing most women, such as hotels and services, present the lowest annual wages. In this regard, the Committee notes that, under Royal Decree-law No. 6/2019 and Royal Decree No. 901/2020, the prior negotiated analysis for the equality plans must take the distribution of staff, vertical and horizontal segregation into consideration, while the equality plan’s statistics sheet should answer questions on ways to address such segregation, the objective of equal participation at all levels of the enterprise, the implementation of systems to promote occupational goals, prioritizing women’s access to work primarily performed by men and promoting women’s presence in management and leadership positions. The Government also refers to Act No. 11/2018, of 28 December, amending the Commercial Code, the consolidated text of the Corporate Enterprises Act approved by Royal Legislative Decree No. 1/2010, of 2 July, and Act No. 22/2015, of 20 July, on accounts auditing in respect of non-financial information and diversity, under which executive boards of enterprises must ensure that their membership selection processes facilitate a balanced participation of women and men. The Committee also takes note of various elements of information provided by the government on training and awareness-raising measures, including the “Proyecto Progresa” project, launched in 2019 with the CEOE, to promote women with talent in organizations including, for example: (1) the initiation in 2018 of workshops on identifying and evaluating unconscious gender bias, as part of the “More Women, Better Enterprises” project; (2) the TALENTIA 360 programme, which aims at empowering women to take management positions and, since 2018, includes action specifically concerning the armed forces; (3) programmes to promote women and girls in science, technology, engineering and mathematics (STEM), such as “I want to be an engineer 2018-2020” (“Quiero ser ingeniera”), “Now you – 2018–2020” (“Ahora tú”) and INNOVATIA 8.3; and (4) the Guide of good practices for attracting and retaining talent and career progression with a gender perspective 2020.

Regarding the modalities and systems of working time and social protection, the Committee observes from the statistics provided by the Government, that women represent 74 per cent of part-time workers and only 41 per cent of full-time workers ant that, according to the CCOO, the average wage for full-time work is 16.58 euros per hour, while for part-time work it is 11.71 euros per hour. The Committee notes the Government’s indication that Royal Decree No. 902/2020 applies to workers in part-time work, and that Royal Decree No. 28/2020, of 22 September, on remote work, provides for remote workers’ entitlement to the same remuneration and wage supplements as on-site workers for work of equal value. The Government also refers to the decision of the Constitutional Court of 3 July 2019, ruling that any additional reduction to the regulatory base applied to part-time workers, resulting in a reduction in the effective number of days contributed, is unconstitutional, since it would predominantly affect women workers and constitute indirect discrimination. The Committee also notes that the Government refers to the amendment of the Basic Statute of Public Employment, enacted under Royal Decree-law No. 6/2019, which grants civil servants the right to retain their entire remuneration if their working day is reduced due to violence, and also to the Agreement of the Sectoral Conference of the Public Administration of 22 October 2018 to promote inter-administrative mobility for public servants that are victims of gender-based violence, which provides that the woman worker requesting such mobility does not incur a loss of remuneration. Lastly, the Committee also refers to its comments formulated in respect of the Workers with Family Responsibilities Convention, 1981 (No. 156), concerning the adoption of the supplement introduced to reduce the gender wage gap in pensions. The Committee requests the Government to provide information on progress made in addressing vertical and horizontal occupational segregation on the grounds of gender, and to continue providing information disaggregated by sex, sector, occupation and form of work on the participation of men and women in the labour market. The Committee also requests the Government to provide information on the measures adopted to facilitate women’s access to full-time work for those women who so wish, and for the application, in practice, of the principle of equal remuneration for women workers in part-time or remote work.

Article 3. Objective job evaluation. The Committee observes that the remuneration audit required under Royal Decree-law No. 6/2019 and Royal Decree No. 902/2020 in enterprises of over 50 women workers must include an analysis with a pay audit that comprises a job evaluation. The Committee takes note that, according to section 4 of the same Royal Decree, a correct evaluation of jobs requires the application of suitability criteria (relevant factors are those related to and actually performed in the activity), completeness (account must be taken of all the conditions that individualize the job, ignoring and undervaluing none), and objectivity (existence of clear mechanisms to identify the factors taken into consideration when fixing wages, which are not influenced by social factors or values that reflect gender stereotypes). Thus, the Government indicates that the Gender-sensitive System for Evaluation of Jobs (SVPT), which enabled enterprises to create their own system of job evaluation, will be replaced under the first final provision of Royal Decree No. 902/2020, by a new evaluation procedure, which should be adopted within six months of the entry into force of the Decree. The Committee also observes that Royal Decree-law No. 6/2019 amends section 22.3 of the Workers’ Statute, requiring that classification systems in collective agreements and the definition of professional groups comply with criteria and systems that aim to eliminate gender discrimination. Royal Decree No. 902/2020 provides that collective agreement negotiations shall ensure that the factors and conditions of each occupational group and level respect the criteria of suitability, completeness and objectivity. The Committee requests the Government to provide information on progress in adopting the new job evaluation procedure. The Committee also requests the Government to provide information on collective agreements that include systems to classify and define occupational groups, in compliance with Royal Decree-law No. 6/2019.

Enforcement. Labour inspection. In its previous comments, the Committee requested the Government to provide information on the measures adopted and the investigations carried out by the Labour Inspectorate, and on specific measures undertaken to improve enforcement of national laws related to the Convention. The Committee observes that the Government refers to certain measures provided under the Decent Work Strategy 2018–2019–2020 for the labour inspectorate, including the use of database cross referencing, by means of the Anti-Fraud Tool, with a view to detecting occurrences of wage discrimination. In this regard, the Committee notes the Government’s indication that as a result of the use of this tool, action taken under the inspection campaign on wage discrimination on grounds of sex increased in 2019 and 2020. The Committee thus observes that 980 inspections were conducted, with 24 violations detected in 2019, and 830 inspections were conducted, with 26 violations detected in 2020. The Committee notes that the Government provides data on action by the labour inspectorate undertaken as part of its general activities, although these do not disaggregate cases specifically concerning wage discrimination. The Committee further notes that the Government provides information on various court rulings concerning the application of the principle of the Convention. In respect of this aspect of inspection activity, the Committee also refers to its comments formulated regarding the application of the Convention on Discrimination (Employment and Occupation), 1958 (No. 111). The Committee requests the Government to continue providing information on the measures adopted and the investigations conducted by the labour inspectorate, both within the framework of specific campaigns and in the course of their general activities, and on all legal or administrative rulings related to cases of wage discrimination on the grounds of sex, as well as the penalties imposed and compensation granted.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Article 1(1)(a) of the Convention. Discrimination on the grounds of sex. Sexual orientation and gender identity. The Committee notes the information provided in the Government’s report in response to its earlier comment, requesting information on the measures adopted or envisaged on the basis of the assessment of discrimination against lesbians, gays, bisexuals and transsexuals. The Committee notes the Government’s indication in its report that this assessment has been broadened with a 2019 exploratory study into the social and labour integration of trans persons, which will be published shortly and which throws light on the reality of a group suffering significant discrimination in access to education, employment and the free exercise of an occupation. The Government also refers to the preparation of a preliminary bill on equality and non-discrimination for lesbian, gay, bisexual, trans and intersex persons (LGBTI), which would prohibit all forms of discrimination on the grounds of sexual orientation, gender identity, gender expression or sexual characteristics in access to and retention of employment, recruitment, terms and conditions of employment, as well as to a preliminary bill on real and effective equality for trans persons, which would mandate the public administrations to adopt the measures required to promote integration, employability and social and labour insertion. The Government also refers to the establishment, by Order IGD/577/2020, of the Council for the Participation of LGBTI Persons which, among other functions, been given responsibility for proposals related to LGBTI policies, and the promotion of equality, presentation of criteria and observations in respect of the projects, plans and programmes of the General State Administration (AGE), and the annual review of LGBTI policies. The Committee also notes the “Making progress with LBGTI diversity” project (Avanzando en gestion de la diversidad LGBTI), to promote sexual and gender diversity within enterprises and universities. The Committee further notes the CCOO’s observations according to which there is existing autonomous LGBTI legislation that is not being implemented, and in respect of promotional measures that the organization has taken. The Committee requests the Government to provide information on progress made regarding the preliminary bills referred to above, as well as on the application in practice of the legislation in force, including details of violations and sanctions. The Committee also requests the Government to provide information on the action taken by the Council for the Participation of LGBTI Persons to promote equality in employment and occupation for the LGBTI group.

Article 2. Legislation. The Committee notes that the Government refers in its report to European Court of Justice decisions of 18 January 2018 and 11 September 2019, which consider that section 52.d of the Workers’ Statute is discriminatory on the grounds of disability, since it permits the termination of a contract with right to a reduced compensation where unjustified absences or periods of sick leave for common contingencies of less than 20 days’ duration exceed fixed percentages. The Committee welcomes that this section has been repealed by Royal Decree-law No. 4/2020 of 18 February.

Equality of opportunity between men and women. In its previous comment, the Committee requested the Government for information on the findings of the evaluation of the Strategic Plan for Equality of Opportunity (PEIO) 2014–2016, on any other measure taken to the same end, and on the application and impact of the new PEIO. The Committee observes that the Government refers to the PEIO 2014-2016 final implementation and evaluation report, indicating the complete or partial implementation of 191 of the Plan’s 212 measures. The plan includes changes to or development of rules with wide ranging impact, sectoral action plans, training courses for specific publics aimed at a wide spectrum of profiles, a significant number of projects mounted with the aid of grants, the use of products to generate knowledge, and improvements to statistics and information systems. The Government also emphasizes that the plan has contributed to reducing inequality between women and men and that its principal activities have shown a high degree of continuity. The Committee also notes the observations of the CCOO, to the effect that the Plan, as designed, fails to take account of the impact and consequences on workers of policies to cut budgets, reduce public services and reform labour, and neither does it guarantee employment for the more than 2.4 million unemployed. Likewise, the CCOO indicates that, according to the web page of the Institute for Women (IMs), the PEIO 2018-2021 is being drawn up, but that the trade unions have not been contacted to participate. The Committee notes in this regard the Government’s indication that the PEIO 2014-2016 was not intended to create employment for 2.4 million unemployed, but to contribute to reducing the gender gap in equality of opportunity. With regard to the elaboration of the PEIO 2018-2021, civil society participation is assured through the Council for Participation, which was consulted at the appropriate moment and would be once again when a new draft was ready.

The Committee further notes the Government’s indication in its report that a Strategic Plan for Effective Equality between Women and Men 2021-2025 (III PEIEMH) is being drawn up, and will include, in its second section, entitled “Economy for living, and a fair distribution of wealth and time”: possible situations of multiple discrimination on the grounds of sexual orientation, gender identity, class or membership of an ethnic minority; a system of specific indicators to help measure the incidence of multiple discrimination; studies to provide a better understanding of multiple discrimination, with a focus on women in a socially vulnerable situation. The Committee also observes the CCOO’s indication that the Annual Employment Policy Plan (PAPE) no longer includes women under “priority objectives”, but that they are now classified under “special interest group”. In this regard, the Government indicates that women’s classification in employment policy has not changed, in conformity with section 30 of Royal Legislative Decree No. 3/2015, and that it was for the duly mandated Autonomous Communities to manage employment programmes, adopting and implementing those which best suited the needs of their territories. The Committee requests the Government to provide information on: (i) progress in formulating and adopting the PEIO 2018-2021 and the III PEIEMH, and on participation by the employers’ and workers’ organizations in the process; and (ii) measures adopted under the Annual Employment Policy Plans that contribute to the application of the principle of gender equality in employment and occupation, including those taken at the level of the Autonomous Communities.

Promotion, training and skills development. The Committee observes that the Government refers in its report to various measures in respect of training and awareness-raising on gender equality, including: (1) the various training courses on equality between women and men in the working environment run by the IMs and its Virtual School for Equality (EVI); (2) the promotion of the principle of equality in structural and investment fund interventions via mechanisms and training aimed at administrative and management entities, intermediate bodies and fund beneficiaries; and (3) training on the principle of equality and non-discrimination in the design and implementation of public policies, with particular reference to hate crime, and racial or ethnic discrimination, age, religion, sexual orientation and gender identity, for jurists, teachers and educators, technical staff in establishments providing care for victims of discrimination, civil servants, etc. The Committee requests the Government to continue providing information on training and awareness-raising activities in respect of equality, including the level of participation, disaggregated by sex.

Enforcement and application. The Committee notes the statistics provided by the Government, regarding the action taken: (1) with regard to discrimination in access to employment, 31 actions with no violations identified in 2018; 21 actions with no violations identified in 2019; and 15 actions with one violation identified in 2020; (2) with regard to discrimination in employment, 1,583 actions with 29 violations identified in 2018; 1,781 actions with 39 violations identified in 2019; and 1,166 actions with 27 violations identified in 2020; and (3) in respect of the annual action plan on compliance with rules regarding measures for effective equality between women and men, 6,032 inspections with 164 violations identified in 2018; 7,201 inspections with 217 violations identified in 2019; and 5,803 inspections with 161 violations identified in 2020. In this regard, the Committee observes that a greater number of inspections appear to have been carried out in the context of specific campaigns than under general activities. The Government refers to a number of judgments regarding equality and non-discrimination in employment, and the Committee takes note of these. The Committee also observes, according to the Government’s indication, that the importance given to safeguarding equality in inspection activities is such that it has been given particular weight in the Decent Work Strategy 2018-2019-2020, which provides, inter alia, for the establishment of a Discrimination Combat Unit to coordinate measure to combat discrimination, collaboration with the labour inspectorate and the respective autonomous bodies concerned with equality, the participation of the Labour and Social Security Inspectorate (ITSS) in action plans and strategies on equality, and specialized training for inspectors. The Committee also notes that the Government refers to a cooperation agreement between the Ministry of Equality and the Ministry of Labour and the Social Economy, which provides for permanent monitoring of effective gender equality in enterprises, and which establishes collaboration between the IMs and the ITSS in fixing the quantitative and qualitative objectives for the labour inspectorate, the exchange of information and advice regarding the results of the inspection activity, and collaboration in awareness-raising and provision of information for enterprises, workers and the social partners on the importance of gender equality.

With regard to the labour inspectorate, the Committee notes the observations of the CEOE, according to which, in light of the make-up of the enterprise fabric in Spain, which consists of a majority of small and medium-scale, and micro, small and medium-scale enterprises, the assistance and information function of the labour inspectorate should be strengthened before resorting to enforcement action. The CEOE also states that the inspection figures provided by the Government should be disaggregated to indicate how many “violations detected” are final, that is, not subject to appeal. In this regard, the Government indicates that publication of inspection criteria is to make information public, and specifies that once a violation has been detected, the inspectorate first sends a communication to the enterprise concerned, informing it of the facts observed and requesting it to review the situation. Second, the inspectorate verifies the changes made by the enterprise. The Government also indicates that, as a result of the time scale of the appeal procedure, coupled with the fact that the labour inspectorate is not responsible for that procedure, it is not possible to disaggregate final “violations detected”.

The Committee also notes the information provided by the Government regarding institutional measures taken in respect of the configuration of the Ministry of Equality, through Royal Decree No. 139/2020, of 28 January, establishing the basic organic structure of the ministerial departments and Royal Decree No. 455/2020, of 10 March, setting out the basic organic structure of the Ministry of Equality, including the State Secretariat for Equality and against Gender Violence. The Committee also notes the Government’s indication that the regulation governing the Equality Units of the General State Administration (AGE) is intended to ensure effective gender mainstreaming and the monitoring of the application of equality legislation. The Committee requests the Government to continue providing information on the number and nature of the violations observed, including relevant specific inspection campaigns, and to provide information disaggregated by grounds of discrimination on action undertaken by the labour inspectorate as part of its general activities. The Committee also requests the Government to provide, to the extent possible, information on the most common grounds for a detected violation to be revoked on appeal. The Committee further requests the Government to provide information on: (i) the measures implemented regarding the labour inspectorate and the promotion of equality in employment and occupation under the Overall Plan for Decent Work 2018-2019-2020 and the cooperation agreement with the IMs; and (ii) the measures taken by the Equality Units of the AGE to monitor application of the labour legislation.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s reply.

Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion and national extraction. The Committee notes the Government’s indication in its report, in response to the Committee’s request for information regarding the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction, that: (1) the Council for the Elimination of Racial and Ethnic Discrimination has concluded its 2020 Study of the perception of discrimination, which finds employment to be one of the areas in which there is the most discrimination on grounds of racial or ethnic origin, with the non-Mediterranean African population group the most affected, followed by persons of African descent and those from the Maghreb; (2) according to the study, the most common discriminatory situations concern the assignment of worse timetables and harder tasks, lower wages for the same work, refusal to issue an employment contract and the obligation to perform tasks not covered by the contract; and (3) according to the “Approach to the African and Afro-descendent population in Spain: Identity and access to rights”, a study conducted in 2021, 24 per cent of persons surveyed work in low-skilled employment, 44 per cent in mid-level skilled employment, irrespective of their training level, while 95 per cent consider that they have at present less chance of acceding to positions of responsibility, and 94 per cent of finding a job. The Committee also notes that the Government emphasizes, with respect to the collection of statistics, that data on belonging to a group based on race, ethnicity, sex, religion or other circumstances, are protected under Spanish law and are therefore not reflected in the statistics. However, the Government indicates that the General Directorate for Equality of Treatment and Racial and Ethnic Diversity (DGITYDER) is in dialogue with various actors concerned regarding the suitability of collecting data on ethnic origin where the objective is to eliminate racial discrimination.

The Committee welcomes the reactivation since 2018 of the Council for the Elimination of Racial and Ethnic Discrimination. In this regard, the Government indicates that the Council’s care service for victims of racial or ethnic discrimination continues to provide support in specific cases of discrimination (65 cases in respect of employment in 2019), as well as undertaking information and awareness-raising activities and that, in view of the low level of complaints, measures will be taken to promote and give visibility to the service, for example by filing legal action and, in certain cases, representing victims. The Committee also notes the Government’s reference to the II Strategic Plan for Citizenship and Integration (PECI) 2011–14 and that the CEOE, in its observations, considers it primordial to progress in formulating a new plan. Regarding the assistance measures taken for migrant workers, including migrant domestic workers, the Committee refers to its earlier comments made in relation to the application of the Migrant Workers’ Convention (Revised), 1949 (No. 97).

With regard to the measures adopted in respect of the Gypsy population, the Committee also notes that the Government refers to the 2018 Progress Report on the National Strategy for the social inclusion of the Gypsy population 2012–20, according to which approximately 32.2 million euros has been invested in action and measures aimed at the Gypsy population, the largest proportion of which (39.04 per cent) is in the field of employment, and principally for the improvement of access to employment and the reduction precarious work. Nevertheless, the Committee notes the Government’s indication of the need to intervene more effectively, given that the 2019 Comparative study on the situation of the Gypsy community carried out by Fundación Secretariado Gitano (Roma Foundation) shows that while the Gypsy population’s participation rate in paid work fulfilled the objectives of the Strategy, the objectives for the employment and unemployment rates were not met, and the rate of temporary employment remained at 68 per cent. In this regard, the Committee also notes, from the Government’s web page, that a final evaluation of the 2012–20 strategy was begun in December 2020, and that the next national strategy is being prepared for 2021–30, in line with the guidelines issued under the European Union Roma strategic framework for equality, inclusion and participation 2020–30. The Committee notes the measures taken and the cross-cutting and substantive efforts made by the Government. The Committee trusts that the Government will continue its efforts to the extent possible to promote equality in employment and occupation effectively of the Gypsy population, taking account of the evaluations and results of previous measures. The Committee requests the Government to provide information on: (i) progress made in the adoption of the National Strategy for the Social Inclusion of the Gypsy Population 2021–30; (ii) the results of the II Strategic Plan for Citizenship and Integration (PECI) 2011–14 and and follow-up measures; (iii) the action taken by the Council for the Elimination of Racial and Ethnic Discrimination; and (iv) the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction, including the possible integration of related data in national statistics.

General observation of 2018. In respect of the issues raised above, and more generally, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018.

Article 2. Equality of opportunity for men and women. Equality plans and measures. Legislative developments. The Committee notes with satisfaction that in response to its request to continue adopting proactive measures, in collaboration with the social partners, with a view to increasing the number of enterprises which adopt equality plans, the Government reports the adoption of Royal Decree-Law No. 6/2019 of 1 March on urgent measures to ensure equality of opportunity and treatment for women and men in employment and occupation, amending section 45.2 of Basic Act 3/2007 of 22 March on effective equality for women and men, and making it obligatory for enterprises of more than 50 workers to adopt an equality plan (an obligation previously applicable to enterprises of more than 250 workers), and also requiring the preparation of the plan following prior negotiated analysis and its entry in the registry of equality plans in enterprises. The Government adds that the application of this obligation is gradual and allows enterprises different timeframes according to the size of the payroll. The Committee notes the implementation of these obligations through Royal Decree No. 901/2020 of 13 October regulating equality plans and their registration, and amending Royal Decree No. 713/2010 of 28 May on the registration and deposit of collective labour agreements, which addresses: (1) the procedure for negotiating equality plans, including the establishment of the negotiating commission and the negotiating procedure; (2) the content of the prior negotiated analysis covering selection and recruitment, occupational classification, training, career development, terms and conditions of employment (including a pay audit), co-responsibility in the exercise of personal, family and work life rights, under-representation of women, remuneration and the prevention of sexual and gender-based harassment; (3) the minimum content of the equality plan (qualitative and quantitative objectives, specific means and resources, implementation programme) and the plan’s statistical sheet; and (4) the period of validity, follow-up, evaluation and revision of the plan. In this regard, the Committee notes the CEOE’s observation that an appeal against section 5 of Royal Decree No. 901/2020 has been lodged with the Supreme Court, on the grounds that it imposes undue restrictions on the legal rights of those entitled to negotiate equality plans.

The Committee also notes that the Institute for Women (IMS) has strengthened its free counselling service to assist in the design, execution and implementation of equality plans, offers subsidies for the elaboration and implementation of plans by enterprises that are not obliged to adopt them (that is, since 2019, enterprises with between 30 to 49 workers) and has published information material on the elaboration and registration of equality plans. The Committee also observes that Royal Decree-Law No. 6/2019 amends the Royal Legislative Decree 5/2000, of 4 August approving the consolidated text of the Act on social offences and penalties to include a definition of a serious offender in case of failure by enterprises to comply with their obligations in respect of equality plans and measures. The Government also refers to Act No. 11/2018 of 28 December amending the Commercial Code, the consolidated text of the Corporate Enterprises Act, approved by Royal Legislative Decree No. 1/2010 of 2 July, and Act No. 22/2015 of 20 July, on the auditing of accounts in respect of non-financial information and diversity, which provides that: (1) the enterprise’s non-financial information shall include the measures adopted to promote the principle of equality of opportunity and treatment between women and men, non-discrimination and inclusion of persons with disabilities and universal accessibility; and (2) that the annual corporate governance report shall describe the diversity policy applied in the executive board, at management level and in the specialized commissions established.

The Committee further notes the information provided by the Government on the “Equality in the Enterprise” label, which was awarded to 57 more entities between June 2017 and May 2021, and on the various activities organized by the network of enterprises that have received the label in exchanging and sharing good practices. The Government also emphasizes the adoption in December 2020 of the III Plan for Gender Equality in the General State Administration (AGE) and in its associated or dependent public bodies, which sets out six types of cross-cutting measures: instrumental measures for organizational transformation; awareness-raising, training and skills acquisition; terms and conditions of employment and career development; responsibility-sharing and personal, family and work life reconciliation; prevention of violence against women; intersectionality and special protection situations.

The Committee requests the Government to provide information on the implementation of Royal Decree-Law No. 6/2019 and Act No. 11/2018, including: (i) the number and most common contents of registered equality plans, as well as the number of violations observed and penalties imposed; (ii) the result of the appeal lodged with the Supreme Court against section 5 of Royal Decree No. 901/2020; and (iii) the equality and diversity measures reported in enterprises. The Committee also requests the Government to provide information on the measures adopted under the III Plan for Gender Equality in the General State Administration (AGE) and in associated or dependent public bodies.

In respect of provisions on equal remuneration and personal, family and work life reconciliation, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and on the Workers with Family Responsibilities Convention, 1981 (No. 156).

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Measures to meet family responsibilities during the COVID-19 pandemic. The Committee notes that the Government refers in its report to the adoption of the MECUIDA Plan, in force until May 2021, which provides the right to workers to adapt their working day, and the possibility to reduce hours of work according to care-giving responsibilities towards dependent persons due to circumstances arising from the COVID-19 pandemic.

Articles 3 and 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. The Committee notes the Government’s indication that: (1) the Equal Opportunities Strategic Plan 2014-2016 to reconcile personal, family and work life and share responsibilities, was implemented to 91 per cent; (2) the Strategic Plan for Effective Equality between Women and Men 2021-2025 is under preparation; (3) Under the II Plan for Equality between Women and Men in the General State Administration (AGE) and its public bodies, guidelines have been elaborated on reconciling personal, family and work life in the AGE; and (4) the III Gender Equality Plan in the AGE and connected or dependent public bodies includes the updating of the guidelines for leave and the work-life balance, as well the elaboration of a staff satisfaction survey on the need for a work-life balance. The Committee requests the Government to provide detailed information on the implementation and impact of the III Gender Equality Plan in the AGE and connected or dependent public bodies, and on progress in the adoption and implementation of the Strategic Plan for Effective Equality between Women and Men 2021-2025.

Article 4(b). Hours and form of work. The Committee notes with interest the Government’s indication that Royal Decree-law No. 6/2019 of 1 March, on urgent measures to ensure equality of opportunity and treatment between women and men in employment and occupation, establishes the right to request flexible forms of work to give effect to the right to reconcile family and work life, and that: (1) flexible work concerns working time arrangements as well as the way in which the work is performed, and includes remote work; (2) terms and conditions shall be agreed through collective bargaining or, it its absence, by negotiation between the enterprise and the individual worker, and (3) there shall be the right to return to the previous contracted working time or form of work on completion of the period granted, or when altered circumstances justify it. In this regard, the Committee notes that the CCOO reiterates its previous observations that, regarding legal guardianship provisions in section 37 of the Workers’ Statute should have been amended, as they provide that the reduction of working hours may only be taken by applying the reduction to the working day. Moreover, the CCOO states that by establishing that collective agreements may set the criteria for fixing timetables according to the right to work-life reconciliation and to the enterprise’s organizational and production requirements places that right at the same level as enterprises’ organizational and production requirements. The Committee also notes, with regard to the public sector, that the Government refers to: (1) the Resolution of 28 February 2019 of the Secretary of State for the Public Service, issuing instructions on the working day and hours of work of the personnel of the General State Administration and its public bodies, which establish the possibility for public servants to work a shorter working day from 1 June to 30 September to allow for family and work life reconciliation, and the possibility to accumulate a reserve of overtime hours; and (2) Royal Decree No. 29/2020 of 29 September, on urgent measures for teleworking in the Public Administration and for human resources in the National Health System to counter the COVID-19 health crisis, under which the express authorization of telework is included in the Basic Public Employment Statute.

With regard to part-time work, the Committee also notes the Government’s indication that: (1) Royal Decree-law No. 6/2019 amends section 12(4)(d) of the Workers’ Statute to establish that the rights of workers on part-time work, which are the same as those of workers on full-time work, shall be recognized on a pro rata basis according to hours worked, where appropriate and with regard to their nature, “in all cases guaranteeing the absence of direct or indirect gender discrimination”; (2) according to the “Women in numbers” database, in 2018 women represented 95.2 per cent of persons in part-time work due to care-giving responsibilities (minors, unwell or elderly adults or persons with disabilities). The CCOO also indicates that, according to data from the National Statistical Institute, out of a total of 700,250 men and 1,996,750 women working part-time surveyed, the most commonly cited reason for undertaking part-time work was the inability to find full-time work, followed by providing care for children or unwell or elderly adults or those with disabilities, for women, and other reasons for men. The Committee also observes the Government’s indication that: (1) Royal Decree-law No. 8/2019 of 8 March on urgent measures for social protection and to combat precarious work in the working day, regulates the registry of hours of work and establishes that infringements of rules and legal limits in respect of hours of work, overtime hours and supplementary hours is classified as a serious violation; (2) as regards teleworking, under Basic Act No. 3/2018 of 5 December, on Protection of Personal Data and guarantee of digital rights, digital disconnection is recognized as a right that guarantees respect for the personal privacy of the worker and his or her family. The Committee requests the Government to provide information on: (i) the number of workers in the public and private sectors who have made use of a flexible working-time measure or a specific form of work to reconcile their family and work responsibilities, disaggregated by sex; (ii) application of the right to request flexible forms of work to give effect to the right to reconcile family and work life, provided under Royal Decree-law No. 6/2019, for workers in part-time work; and (iii) whether any working time or overtime violations have been noted in respect of workers with family responsibilities who have made use of flexible forms of work, or who are working part-time, as well as any legal or administrative judgment, the sanctions imposed and remedies granted in such cases.

Leave systems. The Committee notes with interest the Government’s reference to the amendment of section 48.4 of the Workers’ Statute which brings together maternity and paternity leave in a single “leave for the birth and care of a child”, and which grants 16 weeks’ non-transferable paid leave to each parent, the first six weeks to be taken immediately following the birth, without interruption and full-time, and the remaining ten weeks to be taken as decided by the parents, in whole or in stages until the child reaches 12 months of age. The Government also specifies that: (1) a similar scheme is provided for in cases of adoption, guardianship for adoption and fostering; (2) section 37.4 of the Workers’ Statute has been amended to broaden and regulate “leave for the care of the infant” (previously leave “for breastfeeding the child”), establishing that such leave is individual and non-transferable for both parents, adoptive parents, guardians or foster parents, and that, in respect of both parents, the period of leave may be extended until the infant reaches 12 months of age, in place of the nine months provided; and (3) provision has been made for an extension (from 15 to 18 months) of the allotted period of leave if both parents take leave to provide child-care in large families. With regard to the public sector, the Committee observes that section 48(f) of the Basic Public Employment Statute has been amended to: (1) allow for an equal period of leave of 16 weeks’ duration for “parental leave for the biological mother”, and “leave for adoption, for guardianship for adoption or fostering, whether temporary or permanent”, and “leave for the parent other than the biological mother for birth, guardianship for adoption, fostering or adoption”; and (2) extend leave for breastfeeding a child under the age of 12 months to both parents, adoptive parents, guardians or foster parents. The Committee requests the Government to provide information on the application of the new leave systems, including statistics, disaggregated by sex and family responsibilities, on the number of women and men who have taken the leave, its effective duration and the modalities under which it has been taken.

Article 5. Services and benefits for the care of other members of the family. In its previous comments, the Committee requested the Government to provide statistical data on the number of persons benefiting from the system to promote personal autonomy and care for persons in a situation of dependence (SAAD), on the level and cost of the benefits. The Committee notes that, according to the Government, the number of beneficiaries of the SAAD has increased progressively and as at 30 April 2021, stood at a total of 1,141,950 beneficiaries in receipt of a total of 1,453,373 services and benefits. The Government also reports that in 2017 the minimum level of SAAD benefits was updated, including both service provision (promotion of personal autonomy and prevention of situations of dependence, telecare, home-help, day or night centres and residential care), as well as financial benefits (services, personal assistance and care in the family setting). Regarding the financing of these benefits, the Committee observes that the Government has provided statistics relating to their average cost and indicates that the system is financed through contributions from the public administrations (AGE and the Autonomous Communities) and the participation of the beneficiaries. The Committee also notes that the CCOO and the CEOE refer to an agreement of 2021 between the Government and the social partners to reinforce the care system for dependent persons, which provides, among other measures and objectives, for an increase in SAAD financing, and a reduction in the waiting list for handling of requests. The Committee requests the Government to provide information on the impact of the services provided by the SAAD on workers with family responsibilities (such as integration or reintegration in the labour market, increased working hours or return to the forms of work prior to implementation of flexibility measures). The Committee also requests the Government to provide information on any measures adopted in application of the 2021 agreement between the Government and social partners to reinforce the care system for dependent persons, as well as on any other measures adopted or envisaged to facilitate access to SAAD services to as many workers with family responsibilities as possible.

Services and benefits for the care of children. The Committee notes the Government’s indication that in 2020, The Institute for Women (IMs) subsidized the promotion of the implementation and/or development at municipal level of employment plans with a gender perspective to contribute to facilitating care for minors and other groups. The Committee also observes, according to the Government, that the Plan for the Promotion of Rural Women 2015-2018 addressed the need to provide better services in rural areas, to reconcile personal, family and work life and build responsibility-sharing in those areas. The observations of the CCOO also indicate that the provision of a network of social and educational services, including universal access to schooling for children from 0 to three years old would strengthen the promotion of effective gender equality at all levels of society. The Committee requests the Government to provide information on the impact of the measures adopted to facilitate access to care for children under 3 years of age, especially in rural areas, to make the care accessible to as many workers that need it as possible, both in terms of the number of places available and cost.

Article 7. Reintegration into the labour force of men and women workers with family responsibilities. The Committee observes that the Government refers to Act No. 6/2017 of 24 October, on Urgent Reforms for Self-employment, amending the Self-employed Workers’ Statute with regard to the right of self-employed women workers who interrupt their activity as a result of maternity, adoption, guardianship or fostering of a child, to a reduction in the self-employed workers’ contributions for 12 months if they return to work within 2 years from the date of the interruption. The obligation, to obtain access to the reduction in contributions, of employing an interim worker to replace the self-employed worker is removed. The Committee requests the Government to provide information on the number of beneficiaries of the reduction for self-employed women workers. The Committee also requests the Government once again to provide information on the impact of the agreement on the extraordinary programme for employment activation signed by the Government and the workers’ and employers’ organizations on 15 December 2014.

Article 9. Collective bargaining. The Committee notes the Government’s indication regarding the adoption of the IV Single collective agreement for General State Administration workers, which establishes, in its section 6, that “reconciliation of family, personal and work life shall be a basic principle of the human resources policy of the General State Administration” and recognizes that promoting the principle of such reconciliation underlies questions of working time and leave, recruitment and mobility, and training and upgrading of skills. The Committee requests the Government to provide information on the specific issues related to reconciliation of family and work responsibilities regulated by collective bargaining in the public and private sectors, including: (i) statistics on the number of collective agreements concluded; (ii) the sectors and numbers of workers disaggregated by sex covered by the agreements; and (iii) the number and nature of any complaints filed by workers under the provisions of the agreements and the results thereof.

Article 11. Equality plans. In this connection, the Committee refers to its comments formulated in respect of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and notes that the prior negotiated analysis for the elaboration of equality plans must take responsibility-sharing into consideration in the exercise of personal, family and professional rights (including, for example, information on the number of leave periods taken by workers, and their reasons, on the criteria applied and channels used to inform men and women workers of their work-life reconciliation rights, and an analysis of the ways in which enterprise prerogatives particularly affect persons with care-giving responsibilities. The Committee also observes that the equality plans must include information on measures for responsibility-sharing when exercising the right to reconcile personal, family and work life. The Committee requests the Government to provide information on the trends identified in the prior analyses and the types of measures generally adopted in the equality plans to reconcile family and work responsibilities.

General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Article 4(b) of the Convention. Conditions of employment and social security. The Committee notes that the Government reports the adoption of Royal Decree No. 3/2021 of 2 February adopting measures to reduce the gender gap and other matters in the economic and social security fields, which replaces the “maternity supplement” (considered to be discriminatory by the European Court of Justice decision of 12 December 2019) by the “contributory pension supplement to reduce the gender gap”. The Government reports that the objective is to correct a pension situation that was structurally unjust in the case of women who assumed childcare responsibilities, and also to reduce the pension gender gap to less than 5 per cent. The number of children is taken as the criterion for the supplement, which is available to mothers and to fathers who can show that the assumption of childcare responsibilities at the birth or adoption of a child negatively impacted their regular contributions. The Committee observes the CCOO’s indication that there is a persistent gender gap in the social security system, partly due to the role of women as caregivers in the home and family environment, and that while work-related and social security measures for the protection of workers have contributed to narrowing the gap, more far-reaching measures should be taken to ensure effective equality at all levels of society. The Committee also notes the detailed information provided by the Government on the increased amounts of the childcare allowances for dependent children, for children with disabilities, for children in large or single-parent families, for mothers with disabilities, and for dependent adult children with disabilities, and the revision of the requirements for access to the allowances. The Committee further notes the Government’s indication that the creation of a “minimum subsistence income” benefit has been approved by Royal Decree No. 20/2020 of 29 May. The Government explains that entitlement to this benefit is incompatible with entitlement to the childcare allowances provided for persons with children without disabilities or with a disability of less than 33 per cent, and that the provision of the latter benefit ceased as of June 2020, as it is now covered by the minimum subsistence benefit. The Government also refers, in respect of financial benefits for children suffering from cancer or other serious diseases, to the wider range of diseases covered by this benefit, as well as a more flexible approach to the requirement for continuous review. The Committee takes due note of all the information provided and trusts that the application of the contributory pensions supplement and the minimum subsistence income will have the desired effect in reducing the gender gap. The Committee requests the Government to provide information on any developments in this regard and on the number of persons, disaggregated by sex and family situation, who are in receipt of these benefits.

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

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and by the Spanish Confederation of Employers’ Organizations (CEOE), included in the Government’s report, and the Government’s replies to them. In particular, the Committee notes the observation of the CCOO indicating an impasse in sectoral collective bargaining. The CCOO indicates that agreements covering more than 800,000 workers in the sector are blocked and progress has been impossible in the negotiation of 39 sectoral collective agreements out of a total of 53 existing agreements (at the national, regional and provincial levels). The Committee requests the Government to provide its comments on this matter.

Article 4 of the Convention. Hours of work. The Committee notes the information provided by the Government concerning the measures taken relating to hours of work during the period covered by its report. The Government refers to Royal Decree-Law 6/2019, which guarantees the exercise of the “right to request adjustments to the duration and distribution of the working day, in terms of the planning of hours of work and the manner of performance, including the performance of work on a remote basis, in order to exercise the right to a work-life balance” (section 34(8) of the Workers’ Statute). Royal Decree-Law 6/2019 also adds to section 12(4) of the Charter the guarantee of the absence of gender discrimination with regard to part-time contracts. It also introduces changes to section 37 of the Statute regarding leave of absence in order to ensure equal rights for men and women with respect to births, adoptions and foster care with a view to adoption or family placement. The Government also refers to Royal Decree-Law 8/2019, which adds a new paragraph 9 to section 34 of the Workers’ Statute , requiring employers to record daily hours of work. The Government adds that section 7(5) of the consolidated text of the Act on offences and penalties relating to the social order was amended to include any failure to record hours of work in the category of serious labour offences. Lastly, the Government refers to Royal Decree-Law 28/2020, which establishes the right of victims of gender violence or terrorism to perform all or part of their work remotely.

The Committee further notes the statistical information provided by the Government on the activity of the Labour and Social Security Inspectorate with regard to hours of work and overtime between 2017 and 2020, including the number of offences detected and the workers affected by them. The Committee recalls that it previously asked the Government to provide detailed, up-to-date information on the manner in which the most recent amendments to the Workers’ Statute affect workers employed in hotels and restaurants. These amendments relate to the enterprise’s ability, in the absence of an agreement, to distribute 10 per cent of working time unevenly throughout the year, and also relate to changes in the rules governing conditions of work for part-time workers. The Committee observes that the Government has not provided any specific information in this regard, and once again asks the Government to supply the requested information.

Article 6 of the Convention. Remuneration. The Committee notes the information provided by the Government on the changes introduced with regard to remuneration. The Government indicates that the inter-occupational minimum wage was fixed for 2019 and 2020 by Royal Decrees 1462/2018 and 231/2020 and that the last Royal Decree was extended pending approval of the Royal Decree fixing the inter-occupational minimum wage for 2021 in the context of social dialogue. The Government also indicates that, through Decree-Law 6/2019, workers’ right to remuneration corresponding to their work has been explicitly established in section 28 of the Workers’ Statute, with a view to equal pay without gender-based discrimination. This aspect is developed in detail through Royal Decree 902/2020 concerning equal pay for men and women. The Government adds that Royal Decree-Law 19/2020, adopting additional measures relating to agriculture, science, the economy, employment, social security and taxation in order to mitigate the effects of COVID-19, includes a specific rule on administrative silence in wage guarantee proceedings as provided for in section 33 of the Workers’ Statute, with a paragraph 11 added to it. It is stipulated that administrative silence shall have a positive effect on any proceedings which have not been resolved within three months.

The Committee notes the statistical information on the activities of the Labour and Social Security Inspectorate with respect to wages, payslips and severance payments in hotels and restaurants between 2017 and 2020, including the number of offences detected and the workers affected by them. In particular, the Committee notes that the number of violations rose sharply between 2017 (168 violations) compared with 2020 (272 violations), with the number of workers affected by these violations doubling between 2017 (1,437 workers) and 2020 (2,995 workers). At the same time, the Committee notes that the sanctions imposed for these violations rose significantly (from €640,051 in 2017 to €923,211.23 in 2020). It also notes the statistical information on the average wage variation agreed in the hotel sector, in enterprise agreements (1.37 per cent) and in agreements at levels higher than the enterprise (0.58 per cent). The Committee requests the Government to continue to provide detailed updated information, including disaggregated statistics on inspection activities in the hotel and restaurant sector, including the number of inspections conducted, the number and type of violations detected and the outcomes. In addition, the Government is requested to provide information on measures taken or envisaged to address the significant increase in the numbers of violations affecting workers in the sector.

Article 8 of the Convention. Application of the Convention. Collective agreements concluded in the sector. The Committee notes the Government’s indications regarding the collective agreements concluded in the sector between 2017 and 2020. The Government refers to the collective agreements at the national and regional levels in the hotel and catering sectors, and provides tables of agreements at the provincial level or higher, and enterprise agreements in activities corresponding to lodging services and food and beverage services. With regard to the National Agreement for the hotel sector (ALEH), the Committee notes the Directorate-General of Labour Resolution of 11 November 2020, registering and publishing the agreements amending and extending ALEH V, with publication in Official Journal No. 307 of 23 November 2020. Under this Resolution, the ALEH Negotiating Board agreed to extend the validity of ALEH V until 31 December 2021 and to include in the text in force agreements reached under the ongoing revision and negotiation procedure, agreed between the representative parties of the state hotel sector.

The Committee requests the Government to continue providing detailed, up-to-date information on the application of the Convention in practice, including sectoral and enterprise collective agreements, extracts from inspection reports, court decisions and data on the number of workers covered by the measures that give effect to the Convention, disaggregated by sex and age, as well as the number and nature of violations reported. Noting the Government’s reference to Royal Decree-Law 28/2020 in the context of improving work-life balance, the Committee requests the Government to provide information on the manner in which work-life balance is ensured for workers in the hotel and restaurant sector, including disaggregated statistical data on the number of such workers making use of Royal Decree-Law 28/2020.

Hotel housekeepers. In its previous comments, the Committee asked the Government to provide information on the application in practice of the Convention with respect to hotel housekeepers, and to provide information in reply to the allegations regarding cases of the sale and purchase of employment as hotel housekeepers. The Committee notes the Government’s indication that in August 2018 the Committee on the Quality of Employment in the Hotel Sector agreed to the setting up of a working group for the preparation at state level of a “Practical guide for occupational risk assessment in the hotel sector”, addressing the ergonomic and psycho-social risks to which workers in the sector are considered to be particularly exposed, with all such risks set against the necessary gender perspective. In September 2019, the National Occupational Safety and Health Institute produced the “Guide for the management and assessment of ergonomic and psycho-social risks in the hotel sector”. The Committee once again requests the Government to provide detailed, up-to-date information on the application of the Convention in practice with respect to hotel housekeepers. In the absence of a response by the Government to its request regarding the allegations of cases of the sale and purchase of employment as hotel housekeepers, the Committee repeats its request. The Committee further requests the Government to provide information on the impact of the COVID-19 crisis on the conditions of work of hotel housekeepers, including their wages and social benefits, and the measures taken to mitigate this impact.

Recalling that in September 2017 Spain ratified the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee notes the information provided by the Government in its 2019 report on the measures taken to apply the Convention as supplemented by the Protocol. The Committee also notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Furthermore, the Committee notes the observations of the General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions (CCOO), included in the Government’s 2019 report and in its supplementary information.

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat forced labour, including trafficking in persons. 1. Article 1(2) of the Protocol. National plan and systematic, coordinated action. The Committee notes that the Comprehensive plan to combat the trafficking of women and girls for sexual exploitation, covering the 2015–2018 period, was adopted further to the evaluation of the implementation of the first Comprehensive plan to combat trafficking in persons for sexual exploitation (2009–2012). This second plan includes five priorities: (i) strengthening of the prevention and detection of trafficking; (ii) victim identification, protection and assistance; (iii) analysis and reinforcement of knowledge for an effective response; (iv) initiation of judicial prosecution; and (v) coordination and cooperation among institutions and participation of civil society. The Committee observes that the plan entrusts the Social Forum against Trafficking for Sexual Exploitation charged with monitoring and evaluating its implementation, especially through the production of annual reports and the formulation of proposals to improve the effectiveness of planned measures.

The Committee also notes that, at the institutional level, the Government established in 2014 the function of national rapporteur on trafficking in persons, tasked with monitoring actions, plans and policies to combat trafficking in persons. In this regard, the Government indicates in its 2019 report that the Office of the National Rapporteur responds to the need to adopt an overview of trafficking at the national level, bringing together the principal actors of the administration and of specialist civil society entities responsible for providing assistance to victims. The Committee also notes that another form of coordination was established in the context of the follow-up Committee on the Framework Protocol for the protection of victims of trafficking in persons, provided for in section 140 of Royal Decree 557/2011 adopting implementing regulations for Act 4/2000 on the rights and freedoms of foreign citizens in Spain. The Framework Protocol establishes guidelines for action and coordination of the different entities involved in the detection, identification, assistance and protection of trafficking victims.

The Government indicates that, further to the ratification of the Protocol to Convention No. 29, the social dialogue round table placed on its agenda the drafting of a national plan of action against compulsory labour and other forced human activities. The Government explains in the supplementary information sent in 2020 that the formulation of the National Strategic Plan to combat trafficking in persons (PENTRA) is under consideration and that it will cover all the forms of trafficking listed in the penal legislation in force, including forced labour. The Committee notes in this regard that the UGT emphasizes in its observations that the action plans adopted previously only cover the trafficking of women for sexual exploitation, which leaves victims of trafficking for other purposes with little protection. The CCOO also expresses regret at the fact that a comprehensive action plan for the prevention and eradication of trafficking for labour exploitation has not been adopted, despite a draft having been prepared previously under the auspices of the Ministry of the Interior. The union expresses concern at the vulnerable situation of migrant workers who are victims of trafficking, forced labour or exploitation, especially in agriculture. The CCOO also considers it essential to continue the legislative work begun in 2018 for the adoption of a comprehensive law against trafficking in persons with a view to better detection and protection of victims.

The Committee requests the Government to take the necessary steps to ensure that the PENTRA also covers trafficking for labour exploitation and not only trafficking of women and girls for sexual exploitation. It also requests the Government to indicate whether the National Plan of Action against forced labour and other forced human activities has been adopted and, if so, to explain how forced human activities are defined and indicate the practices covered by this concept. At the institutional level, the Committee requests the Government to indicate how coordination and systematic action against all practices amounting to forced labour are ensured in practice. The Committee further requests the Government to provide more details of the actions taken by the national rapporteur on trafficking in persons and on his/her interaction with other institutions. Lastly, the Committee requests the Government to provide information on the evaluation of the policy for combating all forms of forced labour (trafficking in persons and situations involving labour exploitation amounting to forced labour).

2. Article 25 of the Convention and Article 1(1) of the Protocol. Penalties. The Committee recalls that several provisions of the Penal Code criminalize practices falling under the definition of forced labour, such as section 177bis (trafficking in persons); section 187 (forced prostitution); sections 311 and 312 (imposition of conditions of work that violate, suppress or restrict the rights of workers, using deceit or taking advantage of a situation of need). With regard to the suppression of the crime of trafficking, the Committee notes the action of the Central Anti-Trafficking Unit, which, in cooperation with the judicial, prosecution, police and administrative authorities, combats criminal networks and organizations involved in trafficking, labour exploitation or exploitation of prostitution (Order INT/28/2013 of the Ministry of the Interior). The Committee also observes that, further to the adoption in June 2016 of Instruction 6/16 of the Secretariat of State for Security, “social partners on trafficking in persons” have been established within the national police and the civil guard. These social partners ensure coordination, cooperation and promotion of measures to combat trafficking in their regional area of competence and act as contact points with organizations that are experienced in providing assistance to victims of trafficking.

The Government also refers to the fundamental role of the labour inspectorate in the detection of trafficking cases and violations of workers’ rights, emphasizing that the information collected by its employees constitute a key pillar of the subsequent judicial procedure. In this regard, the Government mentions the agreement establishing a general framework for cooperation between the labour inspectorate and law enforcement bodies regarding action against irregular employment and social security fraud, which covers trafficking in persons for labour exploitation as well as labour exploitation not involving trafficking, and serious discrimination in employment. The agreement provides for the establishment of “joint intervention groups” which, on finding evidence of an offence, notify the Public Prosecutor’s Office and the judicial authority. In parallel, inspectors can initiate penalty procedures if the facts also constitute an administrative offence. The Committee observes in this regard that the Decent Work Strategy (2018–2022) refers to the intensification of coordination between the labour inspectorate and law enforcement bodies, as provided for in the cooperation agreement, and for the strengthening of the inspectorate’s training activities. The Committee notes the Government’s indication in its supplementary information that the cooperation agreement is currently being revised.

The Committee also notes the information supplied on training for judges as part of the Judiciary General Council’s ongoing training programme (covering in particular the identification of the crime of trafficking, the judicial framework and case law relating to the exploitation of labour) and also the statistics produced by the Public Prosecutor’s Office on proceedings in cases of trafficking for sexual exploitation and judgments handed down between 2013 and 2018 (624 proceedings initiated, 112 judgments handed down, of which 74 were upheld). Moreover, between April 2019 and June 2020, 40 decisions were issued on the basis of sections 177 bis and 86 decisions on the basis of section 311 of the Penal Code. The Committee also notes that, according to the court decisions which have been communicated, there is an abundance of case law which has defined and interpreted the elements that constitute the crime of trafficking in persons (section 177 bis) and the crimes covered by sections 311 and 312 of the Penal Code.

The Committee encourages the Government to continue taking capacity-building measures for those involved in the prosecution system and the labour inspectorate to achieve better detection and suppression of trafficking for both sexual and labour exploitation, and of any situation for labour exploitation amounting to forced labour. The Committee requests the Government to provide information on the joint intervention groups formed under the agreement establishing the general framework for cooperation between the labour inspectorate and the law enforcement agencies with regard to combating irregular employment, and on the resources at their disposal. The Committee also requests the Government to continue providing information on the judicial proceedings initiated with regard to the crime of trafficking (section 177 bis) and crimes against workers’ rights (sections 311 and 312) and on the penalties imposed on the perpetrators of these crimes.

3. Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. The Committee notes the measures taken under the second Comprehensive plan to combat the trafficking of women and children for sexual exploitation, aimed at preventing and raising awareness of trafficking in persons for sexual exploitation. It notes that the purpose of these measures included: showing the reality of trafficking; raising awareness of the impact of the demand for sexual services; promoting a message of “zero tolerance” to trafficking; carrying out studies for a better understanding of the characteristics of trafficking for sexual exploitation; and compiling data. In this regard, the Committee observes that the Intelligence Centre against Terrorism and Organized Crime operates a database specifically on trafficking in persons and regularly publishes reports. The Committee requests the Government to reinforce awareness-raising and education activities on trafficking in persons, particularly for labour exploitation, and also on other forms of labour exploitation amounting to forced labour, especially in at-risk sectors such as agriculture. The Committee further requests the Government to provide information on the data compiled and the studies carried out in this regard.

Clause (c). Reinforcement of labour inspection. The Committee notes that the aim of the Decent Work Strategy 2018–2020 is to qualitatively drive the action carried out by the labour inspectorate and provides for measures concerning the protection of fundamental rights and the promotion of equality, the strengthening of action against the irregular economy, and action against the misuse of fixed-term contracts and of unpaid overtime. Referring to the experience gained by the labour inspectorate regarding action against trafficking in persons, the Government emphasizes that although the number of cases detected is low compared with the number of interventions, the existing cases constitute such violations of labour rights that action needs to be taken against them with all possible means. The Committee welcomes the willingness to strengthen the capacity of the labour inspectorate to prevent and identify abuses and violations of the labour legislation which could amount to forced labour and requests the Government to provide further information on the measures taken to enable the labour inspectorate to intervene in sectors where it is more difficult to reach victims.

Clause (d). Protection of migrants during the recruitment process. The Committee notes the information provided by the Government on inspections in agriculture where migrants form the vast majority of workers recruited. The Committee requests the Government to provide information on the measures taken to monitor the recruitment process for these workers and ensure that they are properly informed about their conditions of employment.

Clause (e). Support for due diligence by enterprises. The Committee requests the Government to provide information on the measures taken to support due diligence by enterprises.

4. Article 3 of the Protocol. Identification and protection of victims. The Committee previously noted the adoption of the Framework Protocol for the protection of victims of trafficking in persons, which implements the rights established in sections 140–146 of the regulations implementing Act 4/2000 on the rights and freedoms of foreign citizens in Spain, relating in particular to the information to be given to victims in a language that they understand, the period of recovery and reflection, the exemption of victims from administrative responsibility for illegal residence, residence and work permits for exceptional circumstances, and assisted return to the victim’s country of origin. The Framework Protocol stipulates that police units shall be given specific training in identifying and assisting victims. It is these units that conduct interviews with the victims. The victim identification process is carried out on the basis of a list of indicators. The police authorities must inform the victims of the assistance available to them (suitable accommodation, material aid, psychological and medical assistance, interpreting services and legal assistance) and, if necessary, put them in contact with the competent social services and non-governmental organizations. The Committee notes that the second Comprehensive plan to combat the trafficking of women and girls for sexual exploitation provides for the reinforcement of support to non-governmental organizations and the grants that they receive.

The Committee also notes that employers who, for a fixed or open-ended period, hire trafficking victims who have obtained a residence and work permit owing to exceptional circumstances are entitled to a monthly reduction in employer social security contributions (Act 26/2015 of 28 July 2015 modifying the child and young person protection system).

The Committee requests the Government to provide further information on the nature of the assistance granted to trafficking victims and also to victims of labour exploitation amounting to forced labour (medical and psychological assistance, accommodation, number of reflection periods, residence permits and work permits granted, etc.), indicating the number of victims benefiting from this. Observing that the status of “potential victim of trafficking” is determined by the police authorities, the Committee requests the Government to indicate how trafficking victims not identified by the police authorities or victims of other practices amounting to forced labour benefit from protection measures provided for by the Convention. The Committee also requests the Government to provide information on the cooperation that exists between state actors and non-governmental organizations regarding identification and protection of victims.

5. Article 4(1) of the Protocol. Access to remedies and compensation. The Committee recalls that Act 4/2015 on the status of victims of crimes, which sets forth the rights of victims during and outside court proceedings, provides for specific care for the most vulnerable victims, which includes trafficking victims (section 23). These rights include the guarantee for victims to make statements and be informed about the criminal procedure, to benefit from translation and interpreting services, reimbursement of costs and free legal assistance. The Committee duly notes the establishment by the Ministry of Justice of victim assistance units, composed of psychologists, lawyers and social workers, who provide general information on victims’ rights, including the possibility of accessing a public system of compensation for the injury suffered (sections 27 and 28). In this regard, the Committee notes that, according to the Criminal Procedure Act, prosecutors are required to demand compensation for victims of offences, unless the victim explicitly waives the right to compensation. Moreover, as regards the possibility for judges to order the seizure of property, assets and earnings deriving from certain crimes, such as trafficking in persons and crimes against workers’ rights (section 127bis of the Penal Code), the Committee notes the establishment of an office to recover and administer these assets and use them for prevention and assistance activities for victims (Office for the Recovery and Administration of Assets (ORGA)), Royal Decree 948/2015 of 23 October 2015).

The Committee requests the Government to provide information on cases in which prosecutors have ordered compensation for victims and also the measures taken to enforce the decisions concerned, especially in the context of the public compensation system. The Committee also requests the Government to provide information on the actions taken on the basis of section 127bis of the Penal Code to confiscate property, assets and earnings deriving from trafficking and on the actions undertaken by ORGA to this end.

6. Article 6. Consultation of employers’ and workers’ organizations. The Committee notes that the UGT indicates in its observations that, contrary to the terms of the Protocol to Convention No. 29, no reference is made to the social partners in the legislation establishing the competent mechanisms for combating trafficking in persons and forced labour. According to the UGT, it is impossible, for example, for the social partners to participate in programmes devised by the public administrations relating to assistance for trafficking victims and they cannot obtain the grants earmarked for this purpose. In its observations sent with the Government’s supplementary information, the UGT adds that the social partners are not consulted in the formulation of PENTRA, which will cover trafficking in persons and forced labour. The Government indicates in this regard that PENTRA, which comes under the national strategy against organized and serious crime, is drawn up under the auspices of the Secretariat of State for Security, with the participation of the actors concerned, including entities and organizations specializing in victim assistance and protection. The Government considers that PENTRA is not designed as a plan of action to combat forced labour within the meaning of Article 1 of the Protocol and that since 2018 a working group has been set up under the auspices of the Ministry of Labour to develop the National Plan against compulsory labour and other forced human activities.

The Committee requests the Government to take the necessary steps to ensure that the employers’ and workers’ organizations are consulted as part of the formulation and implementation of any policy or plan of action aimed at combating all practices covered by the definition of forced labour, as established by Article 2(1) of the Convention. The Committee also requests the Government to indicate in particular how the social partners can be involved in actions taken in the context of the Framework Protocol for the protection of victims, in particular regarding the identification of victims.

Article 1(1) and Article 2(1) of the Convention. Obligation for persons receiving unemployment benefit to engage in community work. In its previous comments, the Committee examined the issue of the obligation for persons receiving unemployment benefit to engage in community work (regulated by Decree No. 1809/1986). The Committee noted that the CCOO considered that unemployed persons were not in a position to consent freely to do such work inasmuch as refusal results in the suspension of their unemployment benefit – to which they are entitled after contributing for a certain period. The CCOO emphasized that on top of the obligation to agree to do community work there is the obligation to be actively seeking work; to participate in employment or training programmes; and to accept any suitable job offer. The Government indicated that participation in this work facilitates the reintegration of unemployed persons by maintaining their physical and occupational skills and that this work is called for where it is not possible to integrate the beneficiary into the labour market. The Government pointed out that the employability of unemployed people, particularly the long-term unemployed, improves following their participation in community work. The Committee asked the Government to ensure that refusal to undertake community work does not entail a suspension of entitlement to unemployment benefit, particularly for persons who have just lost their jobs and need a reasonable period in which to look for and freely choose suitable employment. It also asked the Government to provide information on how community work functions in practice.

The Committee notes the statistical information sent by the Government on the number of persons performing community work, including their profile and geographical distribution and the sectors of activity concerned. It notes that the Government repeats that the obligation of community work must be applied in a restrictive manner and relate to persons for whom this type of relationship is more suitable than an ordinary employment relationship. Moreover, in the event of poor application of the legislation regulating community work, there are corrective mechanisms, both administrative and judicial, aimed at preventing abuses. In this regard, the CCOO considers that the law does not provide for a “restrictive” use and this assessment should not be left to the whim of the administrations which manage unemployment benefit. It adds that participation in this work may be required from recipients of unemployment benefit from the first day of their period of unemployment. The CCOO observes that the small number of penalties imposed in no way signifies that beneficiaries voluntarily accept this work since any refusal results in the suspension of benefits which, in the vast majority of cases, constitute their only means of subsistence.

The Committee observes that recourse to community work increased in 2018 then slightly decreased in 2019, rising from 1,502 in 2017 to 2,326 in 2018 and 2,127 in 2019. It also notes that some autonomous communities have had little or no recourse to it. Persons obliged to perform this work are largely men and the age groups most affected are 55–59 years, over 59 years, followed by 45–49 years. Lastly, the Government indicates that between 2016 and May 2020 penalties were imposed on 18 persons.

The Committee recalls that, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, and the length of time during which benefits are paid is linked to the length of time the person concerned worked, the subsequent imposition of an additional requirement to perform work which does not constitute suitable employment may affect the application of the Convention (see 2007 General Survey on the eradication of forced labour, paragraphs 129–131 and 205). The Committee once again requests the Government to ensure that persons who refuse to perform community work are not penalized by the suspension of their unemployment benefits where these constitute a right based on prior contributions. Given that the objective of community work is vocational reintegration and, additionally, that the number of refusals and penalties imposed is low, the Committee encourages the Government to take the necessary steps to establish the voluntary nature of participation in community work for unemployed persons receiving unemployment benefit based on prior contributions.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the Government’s reports and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also notes the observations on Convention No. 81 made by the General Union of Workers (UGT), sent with the Government’s report, and by the Trade Union Confederation of Workers’ Commissions (CCOO), received on 9 August 2019. The Committee also notes the observations on Conventions Nos 81 and 129 made by the International Organisation of Employers (IOE) together with the Spanish Confederation of Employers’ Organizations (CEOE), received on 16 September 2019. The Committee also notes the Government’s replies to all these observations. In addition, the Committee notes the observations of the UGT and the CEOE submitted in 2020 together with the supplementary information provided by the Government, as well as the Government’s reply to these observations.

Measures adopted in the context of the COVID-19 pandemic. The Committee appreciates the Government’s efforts to provide information on the measures adopted in the context of the COVID-19 pandemic. In particular, the Committee notes the adoption of Royal Decree No. 463/2020 of 14 March, declaring a state of emergency and the adoption of exceptional measures to prevent the spread of the virus and protect the health of workers and the population, including: (i) streamlining of inspection visits; (ii) preventive and protective measures depending on risks at the workplace (including the establishment of a health crisis management unit); and (iii) reorganization of the resources of the Labour and Social Security Inspectorate (ITSS) so as to allocate all available means to the health emergency in the world of work, with priority given to activities related to the pandemic in provincial inspectorates.

In this regard, the Committee notes the observation of the UGT that the ITSS must receive the necessary means and resources to deliver additional work resulting from the temporary mandate that it received to supervise compliance by employers with their obligations related to public health in the context of the pandemic. It also considers that ITSS staff should have the power to stop the activities of enterprises that do not comply with the requirements related to the prevention of the spread of the virus.

The UGT also indicates that in the current context, the ITSS should intensify its activities in the agricultural sector, notably regarding contractual fraud, accommodation of casual workers and supervision of occupational safety and health measures. Finally, the UGT indicates that the General Council (the body that enables social partners’ participation in the labour inspection system) has not been meeting over the last year nor exercising its functions.

Furthermore, the Committee notes that the CEOE indicates that it is essential to intensify the assistance and information role of the ITSS for SMEs and microenterprises as they are heavily impacted by the pandemic, and to widely disseminate the ITSS instructions and criteria so as to facilitate the correct application of standards.

The Committee notes that, in reply to the UGT observations, the Government indicates that Royal Legislative Decree No. 21/2020 of 9 June, on urgent measures to prevent and contain the health crisis and coordinate the response, has temporarily enabled the undertaking of interventions in the area of public health not only by ITSS inspectors, but also assistant OSH inspectors and, if need be, qualified technicians in Autonomous Communities.

Regarding the UGT’s observations on the agricultural sector, the Government indicates that the number of ITSS activities planned for 2020 has increased by 21 per cent compared with 2019 and that these activities addressed all aspects of the labour relation, including living and working conditions as well as safety and health.

Regarding the General Council, the Government indicates that the current situation due to the pandemic has prevented the normal functioning of this body and that it would resume its work, in the same way as the Executive Board, the functions of which are interrelated, once the reorganization of the latter is finalized.

Finally, the Committee notes that in reply to the CEOE’s observations the Government indicates that the ITSS performs its assistance and information role in the course of inspection activities, with a view to facilitating better compliance by enterprises, and that the ITSS publishes the technical criteria adopted when it receives questions of interpretation relating to certain issues in the performance of its functions. The Committee expresses the hope that the UGT’s concerns and the priorities mentioned by the CEOE will be examined by the General Council when resuming its functions. It requests the Government to provide information in this regard.

Articles 3(1)(a) and (b), 10, 16 and 21(f) and (g) of Convention No. 81 and Articles 6(1)(a) and (b), 14, 21 and 27(f) and (g) of Convention No. 129. Number of labour inspectors who perform duties according to the terms of the Convention. Statistics included in the annual report. In its previous comment, the Committee asked the Government to provide information on the human resources policy followed for identifying the number of inspectors and sub-inspectors needed to ensure adequate coverage of workplaces liable to inspection and on any changes in selection procedures. The Committee notes the Government’s statements in its report that: (i) human resources needs in public administrations, with budget allocations, which cannot be covered by existing staff numbers are indicated in document entitled “Public employment posts”, which is approved annually by the governing bodies of public administrations in accordance with the criteria set forth in the General State Budgets Act, including the staff replacement rate established in that Act; (ii) under section 5 of Act No. 23/2015 of 21 July establishing the Labour and Social Security Inspectorate (ITSS), entry into the various corps comprising the ITSS occurs in accordance with the regulations for entry into the public service; and (iii) announcements of positions for each corps of the ITSS must contain the number of posts authorized by the Council of Ministers in the Royal Decree approving the public employment posts of the General Administration of the State and those proposed by Autonomous Communities that have received transfers of inspectors and sub-inspectors.

The Committee also notes the UGT’s indications in its observations that the number of officials belonging to the ITSS is insufficient given the objectives and extensive scope of their supervision and control duties and there is no mention of the number of support officials belonging to the ITSS or of the material resources to ensure its functioning. In this regard, the Committee notes the Government’s indication that: (i) between 2016 and 2018, inspection staff numbers increased from 944 inspectors and 854 sub-inspectors in 2016 to 999 inspectors and 922 sub-inspectors in 2018; in addition, in 2016 and 2017, a total of 119 inspector posts and 152 sub-inspector posts were filled; (ii) the report on the implementation of the Management Plan 2018-2019-2020, submitted to the Council of Ministers of 9 August 2019, indicates that it is planned to incorporate at least 833 new inspectors and sub-inspectors into the ITSS during the implementation period, which would signify a 23 per cent increase in staff numbers over the next five years; (iii) since the approval of the Management Plan in July 2018, a total of 33 new inspectors have already been incorporated into the ITSS and 154 new inspectors and sub-inspectors were due to be appointed as career civil servants in July 2019 (47 inspectors, 54 social security sub-inspectors and 53 occupational safety and health (OSH) sub-inspectors); (iv) by Royal Decree No. 955/2018 of 27 July, the public employment posts for 2018 were approved, with notices issued for selection procedures for 353 new inspector and sub-inspector posts, the finalization of which was planned for July 2019; (v) all support staff employed prior to the effective entry into operation of the ITSS have been incorporated into the latter, in both central and outlying services; and (vi) in 2018, a total of €229,221.29 were spent on ITSS furnishings and fittings, and €251,642.42 were spent on building modernization work.

The Committee also notes the UGT’s assertion that it is essential that budget allocations are approved to finance the activities of the labour inspectorate. In this regard, the Government states that through the Management Plan the ITSS was assigned its own, differentiated budget for the first time under the General State Budgets Bill for 2019. This budget involves a 24.4 per cent increase in comparison with the ITSS budget for 2018, rising from €126.46 million to €157.36 million.

Furthermore, the Committee notes the Government’s indication that, as recorded by the ITSS annual report, in 2018 a total of 266,718 inspections gave rise to 1,020,063 actions, with 91,325 infringements of the social legislation detected (including 2,455 requests made to the administration), with proposed penalties amounting to €307,566,196.48. Lastly, the Committee notes that, in response to its request to provide information on the setting up of the National Anti-Fraud Office, the Government states that, under section 13.1 of its Statutes (Royal Decree No. 192/2018 of 6 April 2018), this office is one of the component bodies of the ITSS central structure and is responsible for promoting and coordinating the implementation of measures to combat undeclared work, irregular employment, social security fraud, and also the coordination and integration of such measures with inspection activities as a whole. The Government also indicates that the functioning of this office is regulated by sections 15–17 of the ITSS Statutes and that its staff currently comprises 11 inspectors and six sub-inspectors. While noting this progress, the Committee requests the Government to continue providing information on changes in the numbers of officials who form part of the Labour and Social Security Inspectorate (ITSS), and also on the material resources assigned for its functioning.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Mediation and conciliation. The Committee notes that, in reply to its request to indicate the number of inspectors and the proportion of time that these devote to mediation activities, the Government states in its report that: (i) no specific number of inspectors assigned to mediation duties has been established; (ii) Act No. 23/2015 of 21 July establishing the ITSS provides that it is incompatible for the same person to simultaneously performing arbitration and inspection duties in relation to establishments under his/her control and supervision; and (iii) the number of interventions related to mediation in collective disputes or strikes was 106 in 2016, 98 in 2017 and 146 in 2018, representing between 0.07 and 0.10 per cent of total actions relating to labour relations, which means that mediation tasks in disputes and strikes accounts for a very low proportion of annual activity as a whole.

Articles 4 and 5(b) of Convention No. 81 and Articles 7(1) and 13 of Convention No. 129. Supervision and control of the labour inspection system by a central authority. Collaboration with employers and workers. In its previous comment, the Committee noted the setting up, through Act No. 23/2015, of the ITSS, an autonomous entity having its own legal personality, and asked the Government to send information on the adoption of its statutes as provided for by law. The Committee notes the Government’s indication that Royal Decree No. 192/2018 of 6 April approved the statutes of the entity, thereby making it operational.

The Committee also notes the UGT’s claim that the functions of the tripartite General Council provided for in section 11 of Royal Decree No. 192/2018 must include awareness of regional action plans and programmes. The Committee also notes that the CCOO underlines the need for the most representative trade unions to participate in the formulation of the Management Plan for Decent Work. In this regard, the Committee further notes that the IOE and the CEOE indicate in their joint observations that it is important to foster cooperation between the social partners at the level of both the State and the Autonomous Communities in the formulation of action plans and inspection campaigns. In this regard, the Committee notes the Government’s reply that Act No. 23/2015 has reinforced the institutional participation of the social partners in the labour inspection system, establishing a specific participation body called the General Council. The Government adds that Royal Decree No. 192/2018 describes the General Council’s functions of providing information, conducting hearings and holding consultations, and also the rules governing its functioning and composition. In particular, section 11 of the Royal Decree establishes that the General Council shall have other functions, that of informing the Executive Board of any proposals made regarding, inter alia, ITSS general action plans and programmes, and also the necessary measures and strategies for their implementation. The Committee requests the Government to provide information on the functioning in practice of the ITSS General Council, including examples of the manner in which it ensures cooperation between labour inspection officials, on the one hand, and employers and workers and their organizations, on the other.

Article 7(2) and (3) of Convention No. 81 and Article 9(3) of Convention No. 129. Adequate training for inspectors. The Committee notes the Government’s indication, in reply to its previous request regarding the implementation of both initial and further training in the prevention of occupational risks, that initial training in occupational risk prevention has continued to be given as part of the selection procedure for labour and social security inspectors, and has been reinforced since 2017 through the implementation of the selection procedure for occupational safety and health (OSH) sub-inspectors, followed by a period of mentoring in some provincial inspectorates that have specialist OSH units. The Government also indicates that further training courses have been given on occupational risk prevention in various subjects and sectors, such as the Maritime Labour Convention, 2006 (MLC, 2006), OSH conditions in the construction sector and agriculture, and risk prevention.

Articles 9, 10, 13 and 17 of Convention No. 81 and Articles 11, 14, 18 and 22 of Convention No. 129. Inspection staff numbers and monitoring of safety conditions in workplaces. In its previous comment, the Committee asked the Government to take steps to ensure that its OSH strategy achieves an adequate balance between prevention and the provision of advice, on the one hand, and the imposition of penalties, on the other. The Committee also asked the Government to provide information on the recruitment of OSH sub-inspectors and the impact thereof on inspection activities relating to occupational risk prevention.

The Committee notes the Government’s statement that in 2017 a total of 113,336 compliance notices were issued, 17,046 infringements were recorded and penalties amounting to €46,705,535.25 were imposed; in 2018, a total of 114,779 compliance notices were issued, 20,290 infringements were recorded and penalties amounting to €51,279,286.58 were imposed. The Government also indicates that the work of the ITSS in occupational risk prevention has been reinforced through measures such as increasing the number of inspectors and establishing the new corps of OSH sub-inspectors. In particular, the Government states that 32 officials were incorporated into active service in June 2018 and 53 have already completed their selection process and period of mentoring, and are awaiting assignment to different destinations to commence active service in provincial inspectorates. The Government also indicates that, given the short period of time that has elapsed since the incorporation into active service of the first trained group of OSH sub-inspectors, it would be premature to undertake an assessment of the effect of this on the degree of compliance with occupational risk prevention regulations and the industrial accident rate. While noting this progress, the Committee requests the Government, once it is in a position to assess the impact that the incorporation into active service of labour sub-inspectors has on the degree of compliance with occupational risk prevention regulations and the industrial accident rate, to provide information in this regard.

Article 12(1)(c)(ii) of Convention No. 81. In its previous comment, the Committee noted that Act No. 23/2015 extended the powers of employment and social security sub-inspectors (SESS) to include those provided for in the Convention, in particular those authorizing them to copy documents, and asked the Government to consider the possibility of SESS being able to examine the related legal issues arising under that Act in accordance with Basic Act No. 1/1982 of 5 May establishing civil protection of the right to honour, personal and family privacy, and personal reputation (LOPCDH). The Committee notes the Government’s indication that section 14.4 of Act No. 23/2015 provides that, pursuant to the service orders received for the performance of their duties, labour sub-inspectors, who will have the status of enforcement officers, are authorized to proceed in the manner established in section 13(1)–(4) (duties of inspectors). The Government also indicates that section 15.4 of Act No. 23/2015 provides guarantees to the officials of the system, including labour sub-inspectors, in stipulating that, for the purposes established by section 8(1) of LOPCDH, actions taken by the ITSS for the fulfilment of its duties shall on no account be considered as unlawful interference.

Specific issues relating to labour inspection in agriculture

Articles 6(1)(a), 21 and 24 of Convention No. 129. Enforcement duties of labour inspectors in agriculture. In its previous comment, the Committee asked the Government to provide information on the measures taken to ensure performance of the inspection function with regard to hours of work in agriculture. The Committee also asked the Government to provide information on the measures taken or envisaged to ensure compliance with the legislation regarding conditions of work in labour cooperatives and dependent workers defined as “self-employed” as a means of evading legal obligations regarding conditions of work.

The Committee notes the Government’s indication that: (i) the ITSS ordinarily carries out controls on hours of work, rest periods and overtime, in accordance with the duties assigned under section 12 of Act No. 23/2015, which are performed both in response to complaints and on a pre-planned basis and are usually performed through inspections in workplaces without prior notice; and (ii) section 10 of Royal Decree-Law No. 8/2019 of 8 March concerning urgent measures for ensuring social protection and combating precarious hours of work reforms the amended text of the Workers’ Statute in order to regulate the recording of hours of work in order to ensure compliance with limits on such hours, to create a framework of legal certainty for both workers and enterprises and to enable controls by the ITSS.

The Committee notes the Government’s indication that the Management Plan for Decent Work contains measures aimed at tackling the issue of “fake self-employed” workers – including cases that may arise in cooperatives –, including the implementation of specific inspection campaigns. The Government also indicates that Royal Decree-Law No. 28/2018 of 28 December establishes a new type of serious offence, with a corresponding penalty for the conduct concerned established in the Act on infringements and penalties relating to social regulations. The Committee requests the Government to provide statistical information (number of infringements, penalties) illustrating the results of monitoring the implementation of the Management Plan and enforcing the legal measures referred to above concerning hours of work in agriculture and conditions of work in agricultural cooperatives.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 7(2)(a) and (b) below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations made by the General Union of Workers (UGT) in the Government’s report, and the Government’s reply. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), received on 6 September 2019, and the Government’s response.

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these types of labour and ensuring their rehabilitation and social integration. Trafficking for sexual and labour exploitation. The Committee previously encouraged the Government to pursue its efforts to protect young persons under 18 years of age, particularly girls and migrant children, against trafficking for sexual exploitation. It also asked the Government to supply information on the number of migrant children registered in the context of the Protocol on unaccompanied foreign minors.

The Committee notes the observations of the UGT indicating that the Comprehensive Plan to Combat the Trafficking of Women and Girls for Sexual Exploitation does not take account of the situation of male victims or of other forms of labour exploitation. The UGT emphasizes that the immediate consequences are insufficient protection of boys who are victims of trafficking for sexual exploitation, and inadequate protection for women and girls who are victims of other forms of human trafficking. In this regard, the Committee notes the Government’s indication that the appendix to the Framework Protocol for the protection of victims of human trafficking concerning action to detect and provide care for child victims of trafficking applies to both girls and boys.

The Committee notes the Government’s indication in its report that the information on unaccompanied foreign minors (MENA) and the information on child victims of trafficking and sexual exploitation comes from two different registers. Accordingly, the information from the MENA register includes all unaccompanied migrant children identified in Spain. In April 2019, a total of 12,303 migrant children (11,367 boys and 936 girls) were registered. The data concerning trafficking victims is from the Ministry of the Interior. In 2016, the 148 registered victims included six children; in 2017, nine children were recorded among 155 victims; and in 2018, the 128 trafficking victims included six children. With regard to sexual exploitation, in 2016, three children were registered among 433 cases; in 2017, six children in 422 cases; and in 2018, two children were recorded among 391 cases.

The Committee also notes the statistics provided by the Government relating to children who are victims of trafficking for labour exploitation, begging and criminal activities. In 2016, no cases of trafficking of children for labour exploitation were recorded. In 2017 and 2018, four cases of trafficking of children for labour exploitation were recorded each year. In 2019, the Government indicates that 16 child victims of trafficking for labour exploitation were removed from this worst form of child labour. Between 2016 and 2018, the Government recorded ten cases of children involved in criminal activities and four cases of children used for begging.

The Committee takes due note of the inclusion of a specific provision on persons working with minors, in order to check that there is no previous history of sexual offences against children or trafficking offences for sexual exploitation, in the Bill for the comprehensive protection of children and young persons from violence. The Committee also notes the Government’s supplementary information, according to which the Bill amends the reformed text of the Act respecting social offences and penalties (approved by Legislative Decree No. 5/2000 of 4 August) through the introduction of a new offence of employment of persons who have committed sexual crimes against children. In addition, the Government refers to several measures envisaged in the Bill, including: (i) the general obligation to report to the competent authority any situation of violence towards children or young persons; (ii) the establishment of specialized units for awareness-raising and the prevention of situations of violence against minors in the national security forces and institutions; and (iii) the preparation of specific action protocols covering trafficking in persons, and the abuse and sexual exploitation of minors living in protection centres. The Bill is being drawn up by the Ministry of Health, Consumer Affairs and Social Welfare, the Ministry of Justice and the Ministry of the Interior. It is intended to achieve Goal 16.2 of the 2030 Sustainable Development Agenda, that is to end abuse, exploitation, trafficking and all forms of violence and torture against children. The Committee notes that in its observations the CEOE emphasizes the importance of the participation of trade unions and occupational associations in this process to ensure progress and substantive changes to the draft legislation, in view of their knowledge of the social and economic situation in Spain.

The Committee also notes the amendments to sections 177 bis (6) and 192(3) of the Penal Code prohibiting any person who has committed sexual crimes against children or the trafficking of persons for sexual exploitation from exercising an occupation or conducting a business, whether or not it is remunerated, which involves regular and direct contact with minors.

The Committee further notes that the appendix to the Framework Protocol for the protection of victims of human trafficking concerning action for the identification and provision of care for child victims of trafficking entered into force on 1 December 2017. The Committee notes the CEOE’s indication that the network of Spanish enterprises is mainly composed of small and medium-sized enterprises (SMEs) and microenterprises and that it is once again calling on the Government to take the social partners into consideration in the context of the training initiatives under the Framework Protocol. The Committee notes the Government’s indication that, in the context of the plans of action of the labour inspectorate, the participation of occupational associations and trade unions has been ensured through a general council, in accordance with section 11 of the regulations governing the work of the National Labour and Social Security Inspectorate (Royal Decree No. 192/2018). The Committee requests the Government to continue its efforts to protect children under 18 years of age against trafficking in persons, and to involve the social partners in the measures and action taken. The Committee also requests the Government to provide detailed information on the procedure followed and the results achieved in the context of the Protocol on unaccompanied foreign minors and the appendix to the Framework Protocol for the protection of victims of human trafficking. Finally, it requests the Government to provide information on the adoption of the Bill for the comprehensive protection of children and young persons from violence, and a copy once it has been adopted.

Clause (d). Children at special risk. Migrant children and unaccompanied minors. The Committee previously reminded the Government that migrant children are particularly exposed to the worst forms of child labour and requested the Government to intensify its efforts to protect these children from the worst forms of child labour, particularly by ensuring their integration into the school system. It also requested the Government to provide information on the measures taken and the results achieved in this respect.

The Committee notes the UGT’s indications that the Council of Ministers has established a working group on migrant children in conjunction with the Office of the Public Prosecutor, the autonomous communities and non-governmental organizations (NGOs) to analyse proposals for a template for the care of unaccompanied foreign minors. However, the UGT emphasizes that the most representative trade unions in the country have not been invited to join this working group, even though they represent people working at reception centres for minors. The UGT also expresses concern at the care template, which involves public contracts or subsidies in which economic criteria take precedence over quality of service. The Committee notes the Government’s indications in this regard that an Inter-territorial Coordination Council has been set up to deal with the situation of unaccompanied foreign minors by facilitating the interaction and coordination of all institutions and administrations connected with the provision of care for them. It held its first meeting in September 2018.

The Committee also notes the information on the Programme of guidance and reinforcement for progress and support in education. The total credits allocated to this programme in 2018 were over €81 million, distributed between the autonomous communities. The objective of the programme is to establish support mechanisms to ensure the quality of education through equitable education policies aimed at reducing the drop-out rates from school and vocational training. Guidance and psycho-pedagogical teams located in the region or the school district have information on the socio-economic and family profiles of at-risk groups of pupils. Support is provided by these teams in schools with the involvement of families. The Committee requests the Government to continue its efforts to protect migrant children and unaccompanied foreign minors from the worst forms of child labour and to ensure their integration into the school system. The Committee also requests the Government to provide information on the results achieved in the context of the Programme of guidance and reinforcement for progress and support in education, and on the measures taken by the Inter-territorial Coordination Council to facilitate the provision of care for unaccompanied foreign minors.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous direct request adopted in 2019.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Roma children. The Committee previously noted that the level of education of the Roma population remains lower than for the rest of the population and that the rate of absenteeism in compulsory secondary education is higher for Roma children than for the rest of the population. The Committee asked the Government to continue providing information on the results achieved as part of the National Strategy for Roma Integration in Spain (2012–20) with the aim of improving access to education for Roma children and maintaining their presence in the education system.

The Committee notes the Government’s indications in its report concerning the results achieved through the National Roma Integration Strategy in Spain (2012–20) aimed at improving access to education for Roma children and maintaining their presence in the education system. The Government’s interim report for 2012–16 indicates an increase in the rate of young persons completing post-compulsory education (from 2.6 per cent to 7.7 per cent), an increase in the percentage of students of Roma origin in the 13–15 age group who attend school (up 8 per cent for boys and up 17.5 per cent for girls) and a reduction in the illiteracy rate among the Roma population (down to 1.9 per cent). However, the Committee notes the Government’s indications that there is no up-to-date information on: (i) the increase in the school attendance of the Roma population in pre-school and primary education; (ii) progress towards universal schooling; (iii) the drop-out rate before the end of compulsory schooling; and (iv) the number of diplomas obtained by Roma children at the end of secondary schooling in relation to their attendance rate.

The Committee duly notes the adoption of the 2018–20 operational plan relating to the effective implementation of the National Strategy for Roma Integration in Spain (2012–20), which establishes the work framework to be followed, specifically for the various administrative entities (central government, autonomous communities and local bodies). Education is one of the four main components of this strategy, and there are additional components for addressing discrimination, including against the Roma population. The operational plan includes the MUS-E programme for the educational and cultural integration of socially disadvantaged pupils through artistic activities in primary, secondary and specialist education centres. Furthermore, teaching materials relating to the Roma population for use in primary and secondary education have been developed. These are awaiting review in the primary sector and awaiting further development in the secondary sector.

The Committee notes the different financial resources allocated to activities for the integration of the Roma community: (i) the Ministry of Health, Consumer Affairs and Social Welfare has allocated a budget for the Roma community of which 82 per cent is allocated to activities aimed at employment, social inclusion and education. This financial aid increased from €8,833,904.99 in 2015 to €14,217,963.26 in 2017; (ii) the above-mentioned Ministry awards subsidies to implement programmes for cooperation and social volunteer work, with priority given to capacity-building for Roma women and the strengthening of educational activities to combat absenteeism and school wastage; (iii) in 2018, the Ministry also continued to co-finance the autonomous communities and local entities in the implementation of comprehensive social action projects covering health care, prevention, action against marginalization and integration of the Roma population, with a total budget of over €2,400,000; and (iv) the European Social Fund increased its financial support from 8,111,140 euros in 2015 to €9,903,042.52 in 2017, including 6 per cent for general education and 5 per cent for education and social inclusion.

However, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 5 March 2018 (CRC/C/ESP/CO/5-6, paragraphs 39–44), expressed concern that, despite the Government’s efforts, education is implemented unevenly in the various autonomous communities. It also expressed concern at the high rate of young persons leaving education and training early and at the fact that almost one fifth of all secondary school students, particularly immigrant children, Roma girls and children living in poverty, do not obtain the compulsory education diploma. The poorest education results are recorded for children of Roma origin and from migrant backgrounds, who appear to be concentrated in certain schools. While duly noting the measures taken by the Government to ensure that children from the Roma community are not exposed to the worst forms of child labour and are integrated into society, the Committee encourages the Government to pursue its efforts to integrate these children into primary, secondary and higher education. The Committee requests the Government to continue providing detailed information on the results achieved through the National Strategy for Roma Integration in Spain (2012–20) and other related activities. Please provide information disaggregated by gender, age and ethnic origin.

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