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Forced Labour Convention, 1930 (No. 29) - Spain (Ratification: 1932)
Protocol of 2014 to the Forced Labour Convention, 1930 - Spain (Ratification: 2017)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee takes note of the Government’s report, and the observations of the General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Committees (CCOO), received on 22 and 31 August 2016 respectively, and the Government’s reply to these observations, received on 26 October 2016.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In previous comments the Committee noted the prevention, coordination and suppression activities taken to combat trafficking in persons and encouraged the Government to pursue its efforts by reinforcing measures to combat trafficking for the purpose of labour exploitation.

Legislative framework. The Committee notes that the Government supplies detailed information on the legislative amendments made to several texts in order to strengthen and adapt the legislative framework for combating human trafficking. It notes in particular:

-the amendments introduced in section 177bis of the Penal Code criminalizing trafficking in persons, so as to include trafficking in which the victim commits an offence for the benefit of the exploiter, and forced marriage, and to define “situation of need or vulnerability” as a situation in which a person has no real or acceptable alternative but to submit to the abuse;
-new section 127bis of the Penal Code, which facilitates the confiscation of goods, assets and earnings arising from trafficking in persons, whether or not in a context of organized crime; and the establishment of an office to recover and manage such assets and use them in activities for prevention and assistance to victims;
-Act 4/2015 establishing offence victim status, which creates offices for assistance to victims which provide them with guidance and information on their rights and the possibility of access to a public compensation system; provision is also made for special protection for the most vulnerable victims, including victims of trafficking.

Strengthening action to combat human trafficking for the purpose of labour exploitation. The Committee notes that, according to the Government, the preparatory work for the Comprehensive Plan to combat human trafficking for the purpose of labour exploitation is under way and that meetings have been organized with the representatives of various ministries and with workers’ and employers’ organizations. The Government refers to the central role played by labour inspection in detecting possible instances of trafficking for the purpose of labour exploitation, particularly in the context of visits that the inspectorate carries out jointly with law enforcement bodies. Special training on trafficking for the purpose of labour exploitation is dispensed to inspection service staff to enable them to identify the elements of this offence and, as necessary, provide the Public Prosecutor with a detailed report of the factual findings and the persons involved. The Government also sends information on the training provided for law enforcements officers (General Police Directorate and Civil Guard). The Committee notes in this connection that the UGT regrets the lack of a specific plan to combat human trafficking for the purpose of labour exploitation, given the large number of victims, identified or presumed, and is seeking a more ambitious policy which includes protection for victims.

Suppression of trafficking. Regarding the application of section 177bis of the Penal Code, the Government mentions more than 30 court decisions handed down between 2011 and 2015 under this provision. It also refers to 15 ongoing legal actions brought for trafficking for the purpose of labour exploitation involving 111 victims (mostly men) and to proceedings under way in 2015 for trafficking for the purpose of sexual exploitation and forced prostitution. The Government points out that the fight against human trafficking is a priority for the General Police Directorate and the Civil Guard, which repeatedly conduct operations at borders, in transport and wherever the presence of victims is suspected. In the case of trafficking for the purpose of labour exploitation, between 2013 and 2015 the police carried out over 700 interventions, as a result of which more than 1,100 persons were arrested and 860 victims set free. Furthermore, as part of the Police Plan against trafficking in persons for the purpose of sexual exploitation, between January 2015 and March 2016, 258 police operations were conducted, leading to 805 arrests in instances involving 16,000 presumed victims.

The Committee takes note of all this information and encourages the Government to continue to take the necessary steps to further heighten awareness and step up training for labour inspectorate, law enforcement and legal personnel to acquaint them with the new tools the law provides to allow better identification of instances of trafficking in persons for the purposes of sexual exploitation and labour exploitation, thereby ensuring the protection of victims and the punishment of offenders. It requests the Government to continue to provide information on legal proceedings brought under section 177bis of the Penal Code, the nature of the penalties imposed, the number of victims granted a recovery period and the number who received compensation. Lastly, the Committee requests the Government to provide information on the evaluation to be conducted of the policy implemented to combat human trafficking and on the obstacles encountered, particularly as regards trafficking for the purpose of labour exploitation.

2. Exploitation of vulnerable migrant workers amounting to forced labour. The Committee asked the Government in previous comments to take measures to strengthen protection for migrant workers, who, while not victims of trafficking in persons, are in a situation of vulnerability in which work could be imposed on them in conditions amounting to forced labour. The Committee notes the information provided by the Government on the collaboration between the labour inspectorate and law enforcement bodies under the Plan to combat unlawful employment and social security fraud and the action taken to implement it. It notes in this respect that although the UGT indicates that the Plan’s main objective is not to detect instances of trafficking or labour exploitation but rather to detect social security fraud, the Government considers that the Plan constitutes a measure that contributes to the combat against trafficking in persons for the purposes of labour exploitation. To that end, according to the Government, close cooperation is maintained between the labour inspection services and the security forces, which are the competent authorities for prosecuting these crimes. The UGT also points to a deficiency in the protection of undocumented migrant workers who fall victim to forced labour or labour exploitation: unlike presumed victims of trafficking, they have no entitlement to a temporary residence permit until a final court decision awards them victim status, which means that some of them may be expelled before the conclusion of the proceedings because of their irregular situation. The Committee accordingly asks the Government to continue to raise awareness of the competent authorities and train them to identify instances of labour exploitation amounting to forced labour and, when such situations are observed, to ensure that the presumed victims are adequately protected and in a position to assert their rights. Please provide specific information on reported offences against sections 311(1) and 312(2) of the Penal Code (imposition of working conditions that adversely affect or violate the rights of workers through recourse to deceit or by taking advantage of the worker’s state of necessity), the legal proceedings brought and the penalties imposed.

3. Obligation for persons receiving unemployment benefit to engage in community work. The Committee notes that in its observations, the CCOO expresses the view that the law requiring recipients of unemployment benefit to undertake community work is at odds with the Convention. The CCOO explains that to be entitled to unemployment benefit a person must have contributed for a specified period and in order to keep the entitlement, must: be actively seeking work; participate in employment or training programmes; accept any suitable job offer; agree to do community work. The body managing unemployment benefits may thus require the beneficiaries to engage temporarily in community work. The CCOO also reports that while engaged in such work, unemployed persons are not protected by individual or collective labour provisions, inter alia as regards wages and social security, and are no longer in a position to look for jobs. Lastly, a refusal to carry out such work entails a three-month suspension of payment of the unemployment benefit. According to the CCOO, unemployed persons are no longer able to consent freely to do such work in so far as a refusal means the loss of an economic benefit for themselves and their families. The CCOO further mentions that community work may not be deemed to be “decent or suitable work”, being on the margins of the law.

In its reply, the Government indicates that community work is regulated by Decree No. 1809/1986, as amended. The performance of this work does not imply an employment relationship between the unemployed person and the entity accommodating him or her. It aims to facilitate the reintegration of unemployed persons by performing work in the public interest and maintaining their physical and occupational skills. This work is compulsory where it is not possible to integrate the beneficiary into the labour market through a mechanism which indirectly benefits the worker by maintaining a connection with working life and serving the public interest. It should be noted that, particularly for the long-term unemployed, following their participation in community work, the rate of employability for unemployed people increases. The Government specifies that where legislation is not adequately enforced, administrative and judicial mechanisms are in place to remedy the shortcomings.

The Committee points out that it has already expressed the view 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 General Survey of 2007, on the Eradication of Forced Labour, paragraphs 129–131 and 205). Consequently, the Committee requests the Government to ensure that a 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 requests the Government to provide information on how community work functions in practice, specifying the number of unemployed persons who have been required to engage in community work, the number of those who have refused such work and the grounds invoked, and the number of those who have lost their unemployment benefit because of their refusal.

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

The Committee notes the Government’s report and the observations communicated by the General Union of Workers (UGT) of September 2013, as well as the Government’s response thereto.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee noted previously the Government’s undertaking to combat the trafficking of persons, in particular through strengthening the legislative framework by incorporating into the Penal Code provisions on human trafficking and by supplementing the law on the rights and freedoms of foreigners in Spain; the adoption of the Comprehensive Plan to combat human trafficking for the purpose of sexual exploitation; the specific role played by the labour inspection services in detecting offences associated with labour exploitation or trafficking in persons.

In its latest report, the Government supplies detailed information on the coordination, prevention and suppression activities of the various bodies involved in combating trafficking in persons and particularly by the labour inspection services in combating the “irregular economy”. The Government underlines, in this regard, the role played by the Plan to combat irregular employment and social security fraud adopted in April 2012. The Government also refers to the Protocol Framework for the protection of victims of human trafficking, which is a tool for providing victims with comprehensive protection and safeguarding their rights. Under the protocol, labour inspectors in the various provinces received training in 2013 on the trafficking of persons for labour exploitation. The Government emphasizes that for victims to be protected, they must first be identified, so the security forces (civil guard and criminal investigation police) have issued instructions on the procedures to be followed when conducting investigations in high-risk sectors. The civil guard is developing its own training activities as well.

On the matter of judicial proceedings brought under section 177bis of the Penal Code, the Government indicates that five prosecutions led to trials in which the courts handed down sentences. More generally, in 2011, 2012 and 2013 (first half), the national police corps remanded in custody, respectively, 706, 549 and 219 persons for trafficking for labour exploitation and 750, 783 and 553 persons for trafficking for sexual exploitation. The Government also describes the procedure whereby the labour inspection services refer to the Public Prosecutor’s Office instances in which they have found evidence amounting to a situation of human trafficking, and gives an account of the coordination activities developed by the Public Prosecutor in conjunction with public institutions involved in dealing with this offence and protecting the victims.

In its observations the UGT, referring to the Comprehensive Plan to combat human trafficking for the purpose of labour exploitation, prepared jointly with the various state bodies concerned and the social partners, expresses regret that it has still not been adopted as it is an essential tool for strengthening coordination of the actions to combat trafficking. The UGT also expresses concern at the lack of any budgetary allocation for the protection of victims of trafficking for labour exploitation who have no access to any public body providing psychological, social and medical support.

The Committee notes the detailed report published on 27 September 2013 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the application by Spain of the Council of Europe Convention on Action against Trafficking in Human Beings. It also notes the report published in 2012 by the Ombudsman, entitled “Trafficking in human beings in Spain: Invisible victims”. The Committee shares the recommendations made by these two bodies with regard to improving action against trafficking in persons.

The Committee notes all the above information and encourages the Government to pursue its efforts in this regard. It asks the Government to provide information on the following points:

-the adoption of the Comprehensive Plan to combat human trafficking for the purpose of labour exploitation;
-the evaluation of the implementation of the Comprehensive Plan to combat human trafficking for the purpose of sexual exploitation (2009–12); the recommendations made in the course of the evaluation and the measures taken to overcome the difficulties identified;
-the judicial proceedings initiated under section 177bis of the Penal Code and the measures taken to build the capacity of the authorities involved in combating trafficking and the coordination of such measures;
-the reinforcement of protection for victims, particularly the victims of trafficking for the purpose of labour exploitation.

2. Exploitation of vulnerable workers amounting to forced labour. In reply to the Committee’s comments, the Government refers to the 2012 plan to combat irregular employment and social security fraud, and to the signing of the cooperation agreement between the Ministry of Employment and Social Security and the Ministry of the Interior to strengthen mechanisms for cooperation and coordination between the departments of the two ministries. The aim of the agreement is to step up joint action to detect behaviours that could amount to criminal offences so that such offences can be investigated more rapidly and more effectively. In 2011, 287 preliminary investigations were opened and 22 charges were brought for the offence of labour exploitation under section 312(2) of the Penal Code.

The Committee takes note of this information and requests the Government to continue to take steps to strengthen protection for migrant workers who, although not victims of trafficking in persons, are in a situation of vulnerability in which work could be imposed on them in conditions amounting to forced labour. Please continue to provide information on the judicial investigations and procedures initiated, and on the penalties applied under sections 311 and 312(2) of the Penal Code (imposition of unlawful working conditions through recourse to deceit or by taking advantage of the worker’s state of necessity).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the statistical data provided by the Government on the inspections carried out by the labour inspection services to verify compliance with labour and social security rights, as well as occupational safety and health regulations, for prisoners performing work in the framework of a special employment relationship.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. With reference to its earlier comments, the Committee notes the measures taken by the Government to reinforce the legislative and institutional frameworks to combat trafficking in persons. The Committee accordingly notes with interest that, further to the adoption of Act No. 5/2010 of 22 June 2010, a title on trafficking in human beings has been incorporated into the Penal Code. Section 177bis determines in detail the elements that constitute trafficking in human beings (both for the imposition of forced labour and services and for sexual exploitation) and establishes penalties of imprisonment of between five and eight years, which may be increased in the event of aggravating circumstances. The Committee also notes the amendment of the legislation on the rights and freedoms of foreign nationals in Spain and their social integration (Act No. 2/2009 of 11 December 2009 and Royal Decree No. 557/2011 of 20 April 2011) so as to encourage cooperation by victims with the investigation authorities, including through the granting of a period of recovery and reflection and the possibility to live and work on the national territory under exceptional circumstances related to their association with judicial procedures or their personal situation. The Government adds that, following the approval in 2009 of the Comprehensive Plan to Combat Trafficking in Human Beings for Sexual Exploitation (2009–12), a second plan of action was drawn up at the end of December 2010 specifically covering trafficking in human beings for labour exploitation. In this context, measures are to be taken to evaluate the problem, as well as for prevention, repression and the protection of victims. The Government also emphasizes the specific role of the labour inspection services which, in the context of their action to combat “irregular economy”, can detect criminal conduct relating to the exploitation of labour, sexual exploitation or trafficking for the purposes of exploitation and, where appropriate, forward for action to the Office of the Public Prosecutor (Ministerio Fiscal) a minute setting out the evidence for the violations observed. In this connection, the labour inspectorate has drawn up a list of indicators of trafficking for labour exploitation and is preparing a guide on action in this field by inspectors and deputy inspectors, with the latter having to receive specific training. Finally, the Government provides statistical data on the inspections carried out by the labour inspection services in collaboration with the security forces and institutions in relation to forced labour and the supervision of the “irregular economy”. In 2010, of the 822 inspections that reported situations of forced labour, 364 concerned cases of labour exploitation not involving trafficking, 134 cases of trafficking for sexual exploitation, 124 cases of sexual exploitation not involving trafficking and six cases of trafficking for labour exploitation. The Government specifies that the labour inspection data do not provide a complete picture of the situation and have to be viewed with the data of the Office of the Public Prosecutor and the state security forces, which are the competent institutions for these violations.

The Committee notes all of this information, which bears witness to the Government’s commitment to combat trafficking in persons. The Committee requests the Government to provide information on the implementation of the Comprehensive Plan to Combat Trafficking in Human Beings for Sexual Exploitation (2009–12), particularly on the evaluation carried out by the inter-ministerial coordination group and on the annual reports drawn up by the group. Please also indicate whether the Comprehensive Plan to Combat Trafficking in Human Beings for Labour Exploitation has been adopted and whether measures have been taken for its implementation. The Committee would also be grateful if the Government would provide statistical data on judicial procedures under new section 177bis of the Penal Code. In this regard, please indicate the measures taken to strengthen the resources and capacities of law enforcement bodies (the labour inspectorate, the security forces, the Office of the Public Prosecutor and the courts) and to ensure effective cooperation between them. Finally, the Committee requests the Government to provide information on the measures adopted for the protection of victims (for example, through the creation of structures to provide them with psychological, medical and social support) and to help them assert their rights. Please indicate the number of victims who have benefited from a period of recovery and reflection, and the number of those who have been granted a residence or work permit, as envisaged by the legislation on the rights and freedoms of foreign nationals in Spain and their social integration.

2. Exploitation of vulnerable workers involving forced labour. The Committee observes that, according to the statistics provided by the Government on the inspections carried out by the labour inspection services in 2010 resulting in the identification of situations which constitute forced labour, the majority of such situations concerned cases of labour exploitation not involving trafficking. The Committee requests the Government to continue providing information on the action taken by the labour inspection services for the identification of situations of labour exploitation involving forced labour, the penalties imposed and the manner in which such situations are referred to the Office of the Public Prosecutor for the appropriate judicial procedures, in accordance with the respective provisions of the Penal Code. In this regard, the Committee also requests the Government to provide information on the number of prosecutions initiated and the penal sanctions imposed on perpetrators.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking of persons. The Committee notes the detailed information supplied by the Government in relation to the trafficking of persons and the actions undertaken to combat it.

The Government indicates in its report that the new and changing forms of socio-economic organization which have arisen from globalization have also had negative effects such as the increased involvement of organized criminal networks in the illicit trafficking of persons, leading to new forms of exploitation of labour. This is particularly the case with migrant workers, who are subjected to situations involving the exploitation of labour in conditions which clearly violate the freedom and dignity of persons and which could be tantamount to new forms of slavery.

The Committee notes with interest the information relating to action by the inspection authorities, undertaken with the cooperation of the state security forces, in relation to the trafficking of persons in connection with activities forming part of the unofficial or hidden economy. The inspection activities recorded 12 cases of trafficking in connection with 22 cases of exploitation of labour. With regard to sexual exploitation, inspection activities from ten jurisdictions recorded four cases involving the existence of organized networks for the exploitation of persons and six cases of trafficking. Women account for 85 per cent of persons affected. The Government adds that the vast majority of reports of sexual exploitation and exploitation of labour clearly relate to the foreign immigrant population (i.e. non-EU), accounting for 1,120 workers out of a total of 1,158 workers affected, i.e. 97.22 per cent.

With a view to coordinating the various competencies necessary to combat such practices, a protocol of cooperation between the Ministries of the Interior, Justice, and Labour and Immigration, represented by the Labour and Social Security Inspectorate, was signed in April 2008. The objectives of the protocol include the monitoring and surveillance of organized criminal networks involved in the exploitation of labour. The group is due to draw up a draft national plan for combating the trafficking of persons for the exploitation of labour.

The Committee notes that the Integrated Plan combating the trafficking of persons for sexual exploitation has been approved. The Plan provides for measures for the protection of victims. The Committee also notes that the Spanish Parliament is currently examining draft amendments to the Penal Code in which penalties are prescribed and/or increased for offences relating to the trafficking of persons, including with the purpose of exploiting labour or services, including forced labour or services, slavery or practices similar to slavery, or servitude.

The Committee observes from the information provided by the Government that offences which do not come under the heading of infringements of labour legislation and are offences against human freedom and dignity are referred by the police force and Civil Guard to the Office of the Prosecutor-General and so the labour inspectorate has no means of knowing how the offence is classified.

The Committee requests the Government to continue to supply information on the steps taken or contemplated to combat the trafficking of persons, which constitutes a serious violation of the Convention, particularly information on the measures taken by the Office of the Prosecutor-General, prosecutions instituted and penalties imposed on the perpetrators of the trafficking in persons. The Committee recalls that, under Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a criminal offence and the penalties imposed must be really adequate and strictly enforced. The Committee also requests the Government to supply information on the results of the reform of the Penal Code which is currently in progress.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 2(c), of the Convention. Public interest work. The Committee notes the information supplied by the Government in its report according to which article 49 of the Penal Code concerning work for the benefit of the community has been amended. Under the terms of this article, work for the benefit of the community, which cannot be imposed without the consent of the convicted person, obliges him or her, without receiving any remuneration, to carry out certain activities of public utility which may take the form of jobs aimed at reparation of damages caused or that entail support or assistance to the victims. The Committee notes that work for the benefit of the community may be carried out through public interest associations (article 49, paragraph 1) and that the Administration my conclude relevant agreements to facilitate this work. The Committee observes that the performance of such work may not be subordinated to the pursuit of economic interests.

The Committee asks the Government to indicate the criteria used to identify the public interest associations for which this work can be carried out and, if it exists, to provide the list of such associations.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

For many years, the Committee has been drawing the Government’s attention to the fact that the voluntary nature of work by prisoners for private enterprises is not formally set out in the provisions of the national legislation governing prison work. Indeed, both the general Organic Act respecting prisons (Act No. 1/79, section 26) and the Prison Regulations (Royal Decree No. 190/96, sections 132 and 133), provide that productive prison work is a right and a duty for detainees. In this respect, the Committee notes the Government’s indication that, firstly, prison work is free and, secondly, the expression "work is a right and a duty of detainees" must not be interpreted in a restrictive manner, as it corresponds to article 35 of the Spanish Constitution, under the terms of which "all Spanish nationals have the right and the duty to work". Considering that it is not formally established by the above legislative provisions that the productive work of prisoners, performed for a third party in production workshops in prison premises or outside them, is of a voluntary nature, the Committee requested the Government to take the necessary measures to bring the statutory law into line with practice, as described in the information provided by the Government. The Committee notes with regret that the Government did not take the opportunity afforded by the adoption of Royal Decree No. 782/2001, regulating the special employment relationship of prisoners working in prison workshops and repealing certain provisions of the Prison Regulations (Royal Decree No. 190/96), to amend sections 132 and 133 of the Prison Regulations. It hopes that on the occasion of a future amendment of the legislation, the Government will take its comments into account and will ensure that the legislation explicitly establishes the voluntary nature of work by prisoners performed for a third party in production workshops on prison premises or outside prisons for private enterprises. Furthermore, the Committee notes with interest the information provided by the Government in its latest reports on the remuneration of prisoners and the social security benefits to which they are entitled. The Committee also notes with interest that the labour and social security inspectorate is responsible for ensuring compliance with the rights of prisoners working in production workshops on prison premises in relation to wages, working time, health and safety and social security.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. With reference to its previous comments, the Committee recalls that it noted that the Prison Regulations (Royal Decree No. 1202/81) did not clearly establish the voluntary character of work by convicts for private enterprises. The Committee notes the additional explanations provided by the Government based on the jurisprudence of the Constitutional Court in this matter. The Constitutional Court has recognized in particular that the right to paid work is a fundamental right of prisoners and has laid down an obligation to provide a sufficient number of workplaces for all prisoners within the prison system. It follows from the Court's jurisprudence that the autonomous body responsible for prison services and labour is facing difficulties in providing work for all prisoners, which has given rise to numerous judgements. The Committee notes this information with interest. It refers to its comments in paragraphs 116 to 125 of the 1998 General Report regarding the conditions imposed by the Convention with regard to work done by prisoners for the benefit of private enterprises, and invites the Government to take the necessary measures to incorporate its practice and jurisprudence into positive law, in particular with regard to the voluntary nature of the work done. The Committee also asks the Government to indicate in its next report how in practice prisoners' work for private enterprises is conducted, how prisons are remunerated, by giving examples, and also how they are integrated in the security system. The Government is asked to indicate any further measures taken in this respect.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous observation, the Committee had requested the Government to take the measures necessary to establish the voluntary character of work by convicts for private enterprises, since this was not clearly established in the Prison Regulations (Royal Decree No. 1202/81).

The Committee takes note of Royal Decree No. 190/96 of 9 February 1996 which approves the new Prison Regulations. Under section 132 of the new Regulations, prison labour of a productive character is a right and a duty of the interned person. Under section 133(1) of the same Regulations, all prisoners have the obligation to work, except those undergoing medical treatment, those suffering a permanent disability, those over 65 years of age, those receiving retirement pensions, pregnant women and convicts who cannot work for reasons of force majeure.

In its report, the Government indicates that the work of prisoners is free; that the terms "labour ... is a right and a duty of the interned person" (section 132 of the Prison Regulations) are similar to those used in article 35 of the Spanish Constitution according to which "All Spaniards have the duty to work" and that to read this formulation as meaning forced labour supposes a partial and restrictive interpretation of its literal meaning.

The Committee notes that the Government repeats its former statements to the effect that the work carried out by prisoners is voluntary. It observes, however, that such practice does not correspond to sections 132 and 133(1) of the Prison Regulations, which establish that prison labour is mandatory.

The Committee regrets that the adoption of the new Prison Regulations did not lead to a formal harmonization of the legislation with the requirements of the Convention and hopes that the Government will take the measures necessary to give statutory effect to the practice which, according to the Government, already exists.

The Committee notes the information supplied by the Government concerning the remuneration of productive labour in the special prison labour relationship.

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

In previous comments the Committee has referred to observations from the Trade Union Confederation of Workers' Committees on the application of the Convention, alleging that prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits, and that the conditions to which prisoners are subject as regards social security are not the same as those for other workers. The Committee also observed that the Prison Regulations (Royal Decree No. 1202/81) do not establish clearly that the free consent of convicts is required for them to work in private enterprises.

(a) With regard to the prisoner's free consent, the Committee notes the Government's indication that inmates wishing to do so apply of their own accord to work under the independent body "Trabajos penitenciarios" and a selection is then made among the applicants. The Government adds that this system is based on section 183(3) of the Prison Regulations.

The Committee observes in this connection that section 183(3) refers to persons detained pending trial who, by virtue of the Convention, may not be compelled to work but may work if they wish, on a purely voluntary basis. With regard to convicts, the Committee once again asks the Government to take the necessary steps to establish the voluntary nature of the work done by prisoners for private enterprises.

(b) The Committee asked the Government to provide information on the standards set by the independent body "Trabajos penitenciarios" for fixing the inter-sectoral minimum wage and copies of contracts between private enterprises and prisoners.

As regards the question of wages, the Committee notes the comments made by the Trade Union Confederation of Workers' Committees, sent by the Government with its report, to the effect that the wages of prisoners who work for private enterprises are fixed without the prisoners or their representatives intervening, and are determined in accordance with the rules of the independent body "Trabajos penitenciarios".

According to the Government's statement in its report, prisoners' contracts with private enterprises are subject to the pay conditions prevailing in the sector, depending on the labour market, and in cases where the employer is "Trabajos penitenciarios", the rules governing special labour relationships are applied in accordance with the Regulations.

The Committee asks the Government to provide the rules set by "Trabajos penitenciarios" to determine the inter-sectoral minimum wage, and notes the specimen contract between a prisoner and a private enterprise, sent by the Government, which is a fixed-term contract in which, according to the Government, the above-mentioned independent body does not intervene. The Committee notes that in this case the pay conditions prevailing in the sector have been applied.

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

In its previous comments, the Committee noted the observations made by the Trade Union Confederation of Workers' Committees (CC.OO.) concerning the application of the Convention, according to which prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits. The CC.OO. also indicated that the conditions to which prisoners are subject as regards social security are not the same as those for other workers.

The Committee notes that the above organisation repeated its allegations in comments that were transmitted by the Government in its report received in November 1991.

The Committee also noted that the Prison Regulations (Royal Decree No. 1201/81) do not establish clearly that the free consent of convicts is required for them to work in private enterprises.

So that it can ascertain the current situation in practice, the Committee requested the Government to provide copies of agreements that have been signed between prisons and private enterprises, as well as copies of contracts signed between prisoners and private enterprises, and any other relevant information on the conditions of employment of convicts who work for private enterprises.

The Committee notes the detailed information supplied by the Government on the various systems under which work is carried out in prisons.

The Committee notes that, according to the Government, in practice the voluntary nature of work performed by convicts for private enterprises does not raise difficulties, in view of the fact that work under an open system is greatly sought after by prisoners and, moreover, is comparable with the normal employment relationship in terms of remuneration and social security. The Government points out that productive employment is governed by the labour legislation (sections 185(1)(c), 185(2), 186(1), 189 and 191 of Royal Decree No. 1201/81), which implies that it is performed on a voluntary basis and that it is governed by the specific provisions contained in the Regulations.

The Committee takes due note of these statements and requests the Government to supply copies of contracts that have been concluded between private enterprises and prisoners, whether or not they have been concluded through the prison management.

The Committee notes that, under the fifth paragraph of the model collaboration contract between the independent body "trabajos penitenciarios" and private enterprises, which was supplied by the Government, the "minimum inter-sectoral wage shall be determined when the contract is concluded in accordance with the standards laid down by the independent body 'trabajos penitenciarios'".

The Committee requests the Government to supply information on the standards laid down by the independent body "trabajos penitenciarios" for the determination of the inter-sectoral minimum wage and to indicate the wage levels actually paid under the contracts in question.

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

In its previous observation, the Committee noted that the Prison Regulations (RD No. 1201/81) do not establish clearly that the free consent of convicts is required for them to work in private enterprises.

The Committee noted the comments submitted by the Trade Union Confederation of Workers' Committees concerning the application of the Convention, in which the above organisation alleged that prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits. The Confederation also indicated that the conditions to which prisoners are subject as regards social security are not the same as those for other workers.

In its report the Government again states that productive prison labour is subject to the labour legislation (sections 185(1)(c), 185(2), 186(1), 189 and 191 of the Prison Regulations), implying that it is performed on a voluntary basis and that the specific standards contained in the Regulations are applied.

So that it can ascertain the current situation with regard to practice, the Committee asks the Government to provide copies of agreements that have been signed between prisons and private enterprises, of contracts signed between prisoners and private enterprises, and any other relevant information on the conditions of employment of convicts who work for private enterprises.

The Committee also asks the Government, so as to avoid any ambiguity, to take the necessary measures to establish the voluntary nature of labour by convicts in private enterprises, i.e. with regard to their explicit consent and the conditions of a free employment relationship.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous observation, the Committee referred to the draft Royal Decree to govern the labour relations of convicts in prison and noted that this draft had not been given statutory effect. since the General Organic Prison Act and the Prison Regulations contained sufficiently broad and systematic regulations to give prison labour an adequate legal framework.

The Committee also noted the comments made by the Trade Union Confederation of Workers' Committees concerning the need to adopt special regulations respecting the free and remunerated labour of prisoners in order to improve observance of the Convention.

In its last report, the Government once again states that the above draft was not adopted and that it is now no longer possible to adopt it as the legal time-limit for doing so has passed and it would be necessary to issue the legal power to do so once again. Prison labour will therefore continue to be governed by the General Organic Prison Act (Act No. 1/79) and the Regulations thereunder (RD No. 1201/81).

The Committee refers to section 183 of the Prison Regulations under which all convicts are obliged to work in accordance with their physical and mental capacity. The same Regulations lay down the procedures for work under an open system and through an ordinary system of contracting labour to private enterprises. In previous comments, the Committee recalled, as it indicated in paragraphs 97 to 99 of its 1979 General Survey on the Abolition of Forced Labour, that the work of prisoners in the service of private employers is not compatible with the Convention, unless it is performed under the conditions of a free employment relationship, namely, based on the explicit consent of the persons concerned and subject to certain guarantees, particularly regarding wages and social security, consented to in appropriate cases by the trade unions concerned.

In its report, the Government states that productive prison labour is subject to the labour legislation (sections 185(1)(c) and 185(2)) which implies that it is performed on a voluntary basis and that the specific standards contained in the Regulations are applied.

The Committee notes the comments submitted by the Trade Union Confederation of Workers' Committees on the application of the Convention, in which it alleges that prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits. It adds that the conditions to which prisoners are subject as regards social security are not the same as those for other workers.

The Committee notes that the free consent of prisoners when working for private enterprises is not clearly established in the Prison Regulations. Furthermore, by referring explicitly to the termination of the employment contract of prisoners under the open system, which is to be governed by the normal labour legislation (section 188) and by categorically establishing the voluntary nature of labour for persons detained pending trial, the Regulations appear to confirm that labour is compulsory for convicts.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to establish the voluntary nature of labour in private enterprises for convicts, i.e. that they should give their explicit consent and that it should be under the conditions of a free employment relationship. The Committee also requests the Government to supply copies of agreements that have been signed between prison institutions and private enterprises and any other relevant information concerning the conditions of employment of convicts who work for private enterprises.

Forced Labour Convention, 1930 (No. 29) - Spain (Ratification: 1932)Protocol of 2014 to the Forced Labour Convention, 1930 - Spain (Ratification: 2017)