Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Spain (Ratification: 1960)

Other comments on C081

Observation

Direct Request

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The Committee refers the Government to its observation and draws its attention to the following additional points.

Article 3(1)(c) of the Convention. Labour inspectorate’s contribution to improving labour law. The Committee notes with interest that the annual labour inspection reports contain information on the gaps and defects in the law detected by labour inspectors in the cause of their duties. The Committee would be grateful if the Government would indicate the action taken on this information by the Directorate General of the Labour and Social Security Inspectorate in its capacity as the central authority of the inspection system.

Article 4. Supervision and control of the labour inspection system by a central authority. The Committee notes that Royal Decree No. 895/2011 of 24 June 2011 and Royal Decree No. 206/2010 of 26 February 2010 transfer, respectively, to the Autonomous Community of the Basque Country and the Autonomous Community of Catalonia, competence in their respective jurisdictions for the function of labour inspection and the services of the labour and social security inspectorate (bodies, staff and material resources). The first of these transfers took effect on 1 January 2012 and involved 36 labour and social security inspectors and 14 employment and social security sub-inspectors; the second took effect on 1 March 2010 and involved 89 labour and social security inspectors and 54 employment and social security sub-inspectors. The Committee notes with interest the signing of cooperation agreements with the two abovementioned autonomous communities to ensure cooperation and coordination in the labour inspection system, and the creation of two cooperation bodies for the purpose: a council, in the case of the Autonomous Community of the Basque Country and a consortium, in the case of the Autonomous Community of Catalonia. The Committee would be grateful if the Government would provide copies of the abovementioned cooperation agreements, together with information on the membership and function of the cooperation and coordination bodies mentioned above. It also asks the Government to provide information on how the transfers of the labour inspection function and services to the Autonomous Community of the Basque Country and the Autonomous Community of Catalonia affect the objectives sought by the Convention.

Articles 3(1)(a) and (b), 9, 10 and 13. Strength of the inspectorate and supervision of safety conditions in workplaces. The Committee notes that between 2009 and 2012, the number of occupational risk prevention technicians fell from 266 to 158. The Committee recalls that the Government acknowledged the high occupational accident rate, and that the high incidence of contraventions in 2011 is directly related to safety conditions in workplaces. The Committee requests the Government to provide information on any measures envisaged or adopted to: (a) increase the number of risk prevention technicians; (b) direct the competent inspection services to find out the risk factors responsible for such accidents; and (c) eliminate the risk factors.

Article 7(2) and (3). Adequate training for inspectors. The Government indicates that the Labour and Social Security Inspection School was inaugurated in 2009 and that, as from 2010, a single system was formed for entry to the labour and social security inspectorate. Entry requirements consist of a competition followed by successful completion of a selective course in the abovementioned school. The course, once completed, is supplemented by tutorials, which are differentiated for inspectors and sub-inspectors. The Committee notes that, according to the Government, the drop in the number of courses both at central level and at the level of the autonomous communities is a result of the reduction in the budgetary appropriation for vocational training. The Committee also notes from the information sent by the Government that 205 continuous training courses amounting to a total of 2,845 of five hours, were organized in 2011. Of these, 60 were on social security and employment, were attended by 1,100 students and amounted to 755.5 hours; 51 dealt with administration and procedures, were attended by 814 students and amounted to 676 hours; there were 50 courses on occupational risk prevention and industrial relations with a total duration of 566 hours and the participation of 850 students. According to available provisional information sent by the Government, in 2013 up to the beginning of September a total of 105 continuous training courses were organized with a total duration of 1,281 hours. Particular focus has again been placed on social security and employment courses, of which there have been 64 with a duration of 528 of five hours and 1,095 participants; 16 courses were organized on occupational risk prevention and industrial relations, with a duration of 273.5 hours and the participation of 292 students. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the training provided for labour inspection staff is adapted to the duties entrusted to the labour inspection system, in the light of the provisions of Article 3(1)(a) and (b) of the Convention. It also asks the Government to provide information on any developments regarding the budgetary appropriation for the training of labour inspection staff both at central level and at the level of the autonomous communities.