Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Hours of Work (Industry) Convention, 1919 (No. 1) - Spain (Ratification: 1929)

The Committee notes the Government's report for the period ending September 1998. It also notes a communication from the General Union of Workers (UGT) alleging that the provisions regarding hours of work in the Workers' Statute, revised by the Legislative Decree of 24 March 1995, are not compatible with the Convention. This communication was also transmitted to the Government which, to date, has not commented thereon.

The Committee wishes to draw the Government's attention to the abuse which could arise from the strict application of the provisions of section 34 of the Workers' Statute, and in particular its paragraphs 2 and 3. The Committee observes that the first paragraph of the section cited fixes normal weekly hours of work at 43 hours, but that it is provided that daily hours of work shall be established by collective agreements or employment contracts. It notes that paragraph 2 of the section provides for the possibility of recourse, through collective agreement or agreements at enterprise level, to irregular daily hours of work calculated according to a yearly average. These hours of work are only limited by the obligation to respect 12 hours of rest between working days granted under paragraph 3. In this connection the Committee wishes to remind the Government that the possibility of establishing daily hours of work over a longer period of time than a week, provided under Article 5 of the Convention, is only applicable to exceptional cases where it is recognized that the provisions of Article 2 cannot be applied. In particular it may concern any branch of activity which requires an irregular distribution of work due to the nature of the work, to technical reasons, to periodic pressure of work, or to seasonal variations. Consequently the Committee considers that by admitting the general possibility of exceptions to normal working hours, section 34, paragraph 2, of the Workers' Statute is in violation of Article 5 of the Convention.

Furthermore, section 34, paragraph 3, fixes maximum daily working hours at nine hours, and provides for exceptions thereto by collective agreements or agreements at enterprise level, subject only to respect of the 12 hours of rest granted between working days. In this connection the Committee wishes to draw the Government's attention to Article 2(b) of the Convention, which allows for recourse to an irregular distribution of normal working hours, but within the limit of one hour more than eight hours of work a day. It thus considers that section 34, paragraph 3, of the Workers' Statute is in violation of the provisions of Article 2 of the Convention.

The Committee trusts that the Government will take the steps necessary at the earliest date, to bring its legislation into conformity with the provisions of the Convention on the two abovementioned points, and requests it to report on progress achieved in this respect as soon as possible.