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Paid Educational Leave Convention, 1974 (No. 140) - Spain (Ratification: 1978)

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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 2 August 2018, as well as the observations of the General Union of Workers (UGT), received on 7 August 2018. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), included in the Government’s report. The Committee further notes the Government’s responses to the observations of the social partners.

Articles 2–6 of the Convention. Formulation and application of a policy to promote the granting of paid educational leave. Participation of the social partners. The Committee notes the detailed information provided by the Government on the new legislative provisions adopted between June 2013 and June 2018 in relation to vocational training, and particularly paid educational leave. The Government refers, among other provisions, to section 23(c) of the amended text of the Workers’ Charter, approved by Royal Legislative Decree No. 2/2015, of 23 October, which provides that workers shall be entitled to “the granting of appropriate training or further training leave with their jobs guaranteed”. Moreover, section 23(3), in its amended version, sets out the right of workers with a least one year of seniority in the enterprise “to paid leave of 20 hours a year for vocational training for employment related to the activity of the enterprise, which may be accumulated over a period of up to five years”. Section 23 further provides that this entitlement “shall be considered to have been granted in every case in which the worker is able to take the necessary action to obtain vocational training for employment within the framework of a training plan developed at the initiative of the enterprise or agreed to in collective bargaining”. Similarly, section 9(6) of Act No. 30/2015, of 9 September, regulating the system of in-work vocational training for employment, provides that when the worker is able to take the necessary action to obtain vocational training for employment within the framework of a training plan developed at the initiative of the enterprise or agreed to in collective bargaining, the entitlement of the worker to paid leave of 20 hours a year for vocational training for employment, as set out in section 23(3) of the Workers’ Charter, shall be considered to have been granted. The Committee also notes the reference by the Government to the conclusion of the third single collective agreement for personnel of the general administration of the State, which covers various types of leave, including paid training leave. The Committee notes that the CCOO considers that, although there is no set policy promoting paid education leave for the various purposes set out in Article 2 of the Convention (vocational training, general, social and civic education, and trade union education), the training or vocational further training leave set out in section 23(1)(c) of the Workers’ Charter can be for any of those purposes. With regard to the paid leave of 20 hours a year for vocational training for employment indicated in section 23(3) of the Workers’ Charter, the CCOO expresses the view that its scope is limited by the high rate of fixed-term employment in the country and the dependence on enterprise initiatives to provide training. Finally, the Committee notes the emphasis placed by the UGT and the CCOO on the need to ensure greater participation by the social partners in the promotion of paid educational leave. In this regard, the CCOO considers that this participation could take place within the framework of the General Vocational Training Council, which is a consultative, advisory and institutional body for the public administration, and which already includes the social partners. The Committee requests the Government to provide detailed and updated information of the formulation and application, in collaboration with the social partners, of policies and measures to encourage the granting of paid educational leave for the purpose of vocational training at any level, as well as for general, social and civic education and trade union education, and to provide copies of the respective texts.

Articles 4 and 6. Coordination of the policy to promote paid educational leave with general policies concerning employment. Association of employers’ and workers’ organizations. The Committee notes the indication by the CCOO that the coordination of the granting of paid educational leave with other public policies, such as employment policy, is practically non-existent. The CCOO adds that there are no frameworks for coordination and cooperation between the public authorities in the context of education and employment concerning paid educational leave. The Committee requests the Government to provide detailed information on the measures adopted for the coordination of the national policy on paid educational leave with general policies concerning employment, education and training. The Committee also requests the Government to indicate the manner in which the public authorities and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave.

Application of the Convention in practice. Part V of the report form. The Committee notes the Government’s indication that in 2016 and 2017 individual training leave was granted in 12,792 cases under the terms of section 9 of Act No. 30/2015. In this respect, the CCOO indicates that since 2015 there has been a progressive decline in the number of cases in which leave has been granted. The CCOO refers to the reduction of 11.4 per cent in participation in training in 2013 to 9.9 per cent in 2017, as an indicator of the fall in the granting of educational leave. It adds that, while access to leave is higher among men than women, the number of women who have been granted leave rose by 41.8 per cent in 2014 to 58 per cent in 2017. The CCOO further indicates that, according to the statistics of the Ministry of Labour, 26 per cent of men and women workers are entitled to paid educational leave under the terms of the enterprise and higher level agreements in force. The Committee also notes the statistical data provided by the Government on the action taken by the Labour and Social Security Inspectorate in relation to working time between 2013 and 2017. However, the Government indicates that it is not possible to obtain data on the time devoted to paid educational leave. In this respect, the CCOO emphasizes that there are no means of obtaining information on non-compliance related to the educational leave set out in the Workers’ Charter. The Committee requests the Government to provide information on the manner in which the Convention is applied including, for example, the results of inspections, extracts from reports, studies and inquiries, and statistics disaggregated by sex on the number of workers granted the various forms of paid educational leave (for the purpose of vocational training, general, social and civic education, and trade union education) during the period covered by the report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s detailed report, received in September 2000, and the statistical information and court decisions attached thereto. Further to its observation of 1995, the Committee notes the Government’s reply on the requirements for authorizing the remuneration of workers with individual training permits, and the full statistical information on the number of workers benefiting from paid educational leave. The Committee trusts that the Government will continue to report on any measures taken to promote the granting of paid educational leave in the private sector or for general, social and civic education or trade union education, prescribed by the Convention (Articles 2(b), (c), and 3(b), (c)). Please also continue to provide general information on the manner in which the Convention is applied (Part V of the report form).

2. The Committee has taken note of the Third National Agreement on Continuous Training and Third Tripartite Agreement on Continuous Training, signed on 19 January 2000. These new agreements continue to make collective bargaining the focal point of the system and include a new form of training initiative for undertakings with a social content. The management of continuous training is assigned to a new tripartite foundation, in which the administration participates with the employers’ and workers’ organizations with a view to simplifying management. The Committee notes with interest the progress made in applying the Convention and would be grateful if the Government would provide information on the results achieved by the tripartite agreements and on any new measures concerning the application of the Convention during the period covered by the next report.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous observation, the Committee notes with interest the Government's report which refers to recent progress in the application of the Convention. The Committee notes in particular that the National Agreement on Continuous Training concluded on 16 December 1992 for the period 1993-96 establishes individual leave for training for the purposes of development or adapting the worker's technical and vocational skills, which is to be distinguished from training organized as part of the on-the-job training plan. The same Agreement organizes the funding of the remuneration of workers on educational leave, which must be equivalent to the average wage provided for in the applicable collective agreement. With its report, the Government sends the text of the first collective agreements giving effect to these provisions of the National Agreement in several branches of activity. The Committee would be grateful if in its next report the Government would state the requirements for obtaining remuneration during individual leave for training purposes.

The Committee notes that the paid educational leave established by collective bargaining is for the vocational training purposes specified in Article 2(a) and Article 3(a) of the Convention, and asks the Government in its next report to indicate any new measures that have been taken, for example in the renegotiation of the National Agreement on Continuous Training which is due to expire in 1996, to promote the granting of paid educational leave in the private sector for the purposes of general, social and civic education and trade union education as specified by the Convention (Article 2(b) and (c), and Article 3(b) and (c)).

The Government also provides information in its report on the number of training courses organized by the public administration for its own employees. The Committee hopes that the Government will be able to provide more detailed statistics in its next report of the number of workers granted paid educational leave in the public and the private sectors (Part V of the report form).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. With reference to the requests addressed directly to the Government in 1991 and 1992, the Committee notes the Government's report and the comments made by the General Union of Workers (UGT), which it transmits with the report.

2. In its previous comments, the Committee noted that the Government referred mainly to section 22 of the Workers' Charter, which provides for the right of workers to take certain forms of educational leave, but leaves it to collective bargaining to determine the conditions under which this right is exercised. It also noted that, according to the UGT, it was rare for collective agreements to provide for paid educational leave, and that none of them establish the right to leave for trade union purposes. The Committee requested the Government to specify the measures which have been taken to promote paid educational leave for the purposes set out in the Convention, and the terms under which such leave is granted, and to supply any statistics available on the number of beneficiaries of such leave.

3. The Government confirms in its report that section 22 of the Workers' Charter remains the principal legal basis for the granting of educational leave. It also mentions the measures which have been taken, in the context of the National Vocational Training and Integration Plan, with a view to promoting training during employment in enterprises in sectors which are undergoing restructuring or reconversion. The Government also states that the agreement for the modernization of the administration and the improvement of working conditions concluded between the administration and the trade unions on 16 November 1991 includes a series of measures through which the public administration undertakes to develop the granting to its employees of educational leave, with explicit reference to the Convention.

4. The Committee notes that the UGT reiterates its previous criticisms of a policy which, by placing emphasis on the vocational training and integration of the unemployed, omits to provide for paid educational leave as a means of training workers during employment. This trade union organization emphasizes that, in practice, the use of paid educational leave is intended to respond to the needs of enterprises rather than to pursue the educational objectives set out in Article 3 of the Convention, and that even section 22 of the Workers' Charter does not guarantee the payment of wages in the event of such leave. In reply to the UGT's comments, the Government considers that the Convention does not oblige the ratifying State to immediately establish the right of all workers to paid educational leave, but sets out its commitment to apply progressively a policy for the promotion of paid educational leave, taking into account national conditions, which only the Government is in a position to evaluate.

5. The Committee wishes to recall, as it emphasized in its 1991 General Survey, that being a party to the Convention does not imply that all the objectives set out therein are already achieved or have to be achieved immediately, but involves a commitment to implement them progressively, by methods appropriate to national conditions and practice. Article 2 of the Convention lays down the fundamental obligation to formulate and apply a policy designed to promote the granting of paid educational leave for the purposes stipulated, "by stages as necessary", and taking into account "the stage of development and the particular needs of the country and of different sectors of activity", in accordance with Article 4. It is therefore possible for the Government to concentrate first on granting paid educational leave for one of the purposes set out in the Convention or in certain sectors of activity, while promoting gradually in the longer term the granting of paid educational leave for the other purposes and in other sectors of activity.

6. The Committee notes with interest in this context the Government's commitment, as set out in the agreement between the administration and the trade unions, to develop the granting of paid educational leave to its own employees. It would be grateful if the Government would supply detailed information on the implementation of this commitment in practice, with an indication of the number of workers who have benefited from paid educational leave, and the conditions under which it was granted, the duration of the leave and the level of benefits provided. The Committee also notes the information concerning the role of collective bargaining in determining entitlement to paid educational leave. It trusts that the Government's next report will describe positive developments in this respect such as to permit the extension of the granting of paid educational leave under conditions which conform, in particular, with the provisions of Articles 1 and 11.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

In its last direct request, the Committee noted the comments of the General Union of Workers (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO). It now notes that the UGT has renewed its criticisms. In particular, the UGT refers to the need to coordinate paid educational leave policy with general employment policy (Article 4 of the Convention); and the requirements that policy should have amongst its purposes those of general, social and civic education and trade union education (Article 2) and that it should contribute to the human, social and cultural advancement of workers (Article 3(c)). They point out that the national provisions do not guarantee payment of wages during the exercise of the right to educational leave; and they again stress that section 22 of the Workers' Charter merely refers to permission to take examinations, with no mention of pay, so that the guarantee of the right to paid educational leave in Article 1 is in doubt.

The Government in its report has reiterated previous indications as to general measures of vocational training, and as to the scope left by section 22 to collective bargaining in order to define the right to paid educational leave. However, it states that there have been no developments in the application of the Convention, and it gives no indication of any terms of collective agreements which specify the right to leave in terms of the Convention. At the same time it states that the General Vocational Training Council (CGFP) is currently considering the question of section 22.

The Committee would in this light observe that, in the absence of more specific answers to the questions raised in the last direct request, it is not yet clear to what extent the Convention is applied. It hopes that the CGFP discussions will lead to progress in this respect, and that the next report will include the following information:

(1) what measures have been taken to ensure workers enjoy leave for educational purposes during working hours and with adequate financial entitlements (Articles 1, 3 and 11);

(2) the terms on which leave is in practice granted for the purposes laid down in Article 3, including the conditions for entitlement, the length of leave and the level of financial entitlements;

(3) available statistics on the numbers of workers granted paid edcuational leave (Part V of the report form); and

(4) any steps taken in the light of the CC.OO comments as regards the formulation and application of the policy for the promotion of paid educational leave (Articles 2 and 6).

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the observations made by the General Union of Workers (UGT) and the Confederated Union of Workers' Commissions (CC.OO), as well as the Government's detailed report concerning various aspects of vocational training.

The UGT states that there is no right to paid educational leave, but that section 22 of the Workers' Charter leaves it to collective bargaining to give substance to the right. It says that few collective agreements have recognised the right, none for trade union education; and that the Government has not yet acted on its proposals in this respect. It calls for quotas and procedures for paid educational leave to be established with full union involvement.

The CC.OO states that Article 11 of the Convention is not fully applied, since only periods spent taking examinations and not those spent in training constitute paid leave. As regards co-operation with employers' and workers' organisations, it says there is total disagreement, so that the Government should legislate for paid educational leave as required.

The Committee notes that under section 22 of the Workers' Charter of 10 March 1980, a worker is entitled to necessary time off to sit for examinations and to express a preference as to the shift he is to work if attending a regular course of study with a view to obtaining academic or occupational qualifications; a worker is also entitled to have his normal hours of work adjusted to enable him to attend vocational training courses or to be granted any necessary training or further training leave and have his job kept open for him. Section 37 of the Charter contains provisions for exceptional periods of time off, none of which refers to educational leave.

The Committee notes further the details provided as to the National Training Plan (FIP) programme of vocational training during working hours, and its reliance on collective agreements for providing appropriate financial entitlements. However, it would be grateful if the Government would provide the information requested in the report form as to the manner in which the present Convention is applied, in particular:

(1) what measures have been taken to ensure workers enjoy leave for educational purposes during working hours and with adequate financial entitlements (Articles 1, 3 and 11);

(2) the terms on which leave is in practice granted for the purposes laid down in Article 3, including the conditions for entitlement, the length of leave and the level of financial entitlements;

(3) available statistics on the numbers of workers granted paid educational leave (Part V of the report form); and

(4) any steps taken in the light of the CC.OO comments as regards the formulation and application of the policy for the promotion of paid educational leave (Articles 2 and 6).

[The Government is asked to report in detail for the period ending 30 June 1991.]