REPRESENTATION (article 24) - SPAIN- C158 - (Lodged: 2012 - Report: 2014)

Report of the Committee set up to examine the representation alleging non-observance by Spain of the Termination of Employment Convention, 1982 (No. 158), submitted under article 24 of the ILO Constitution by the Trade Union Confederation of Workers’ Committees (CC.OO.) and the General Union of Workers (UGT)

Decision

1. On the recommendation of its Officers, and in the light of the conclusions set out in document GB.321/INS/9/4 concerning the issues raised in the representation, the Governing Body:
2. (a) approved the report;
3. (b) invited the Government, in consultation with its social partners, to take such measures as may be necessary to seek solutions to economic problems that were consistent with Convention No. 158 (paragraph 226);
4. (c) invited the Government to provide information on the evolution of the “open-ended entrepreneur-support contract” and, in the light of the information available, to examine the possibility of adopting measures, in consultation with the social partners, to ensure that such a contractual arrangement was not terminated at the initiative of the employer in order to avoid in an abusive manner the protection provided for in the Convention (paragraphs 245, 246, and 247);
5. (d) invited the Government to submit information on the manner in which the new regulations on economic, technical, organizational or production-related reasons for dismissal, introduced through the 2012 labour reform, had been applied in practice, including statistics on the number of appeals lodged, the outcome of those appeals and the number of terminations for economic or similar reasons (paragraphs 265 and 266); the type of compensation awarded where the courts had ruled that termination of the employment relationship was unjustified (paragraphs 279 and 280); and the manner in which absences resulting from temporary incapacity, particularly as a result of medical treatment for cancer or a serious illness, were counted (paragraphs 295 and 296);
6. (e) entrusted the Committee of Experts on the Application of Conventions and Recommendations with following up the questions raised in the report with respect to the application of the Termination of Employment Convention, 1982 (No. 158); and
7. (f) made the report publicly available and closed the procedure initiated by the representation of the Trade Union Confederation of Workers’ Committees (CC.OO.) and the General Union of Workers (UGT), alleging non-observance by Spain of Convention No. 158.
8. (Document GB.321/INS/9/4, paragraph 297.)
10. See Document GB.321/INS/9/4 (June 2014)