Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Spain (Ratification: 1971)

Article 7 of the Convention. Special weekly rest schemes. The Committee notes the Government’s explanations in reply to its previous comment concerning the accumulation of half-day rest periods over a period of up to four weeks or the division of the rest period, with the half day being granted on another day of the week. According to these explanations, section 6 of Decree No. 1561/1995 of 21 September 1995 makes no difference to the principal obligation of the Convention to grant an uninterrupted weekly rest period comprising not less than 24 hours for each period of seven days.

Substantial modification of conditions of work. The Committee notes the Government’s explanations in reply to its previous comments concerning the application of section 41(1) of the Workers’ Statute, which allows an employer to make substantial modifications to conditions of work, including those relating to hours of work, where there are established grounds for doing so, whether they are of an economic or technical nature, or related to organization or production. According to these explanations, a substantial modification to conditions of work imposed by the employer cannot undermine the provisions concerning weekly rest, as these are minimum requirements which cannot be modified.

Part V of the report form. Practical application. The Committee notes the statistics supplied by the Government relating to infringements reported in relation to working hours for the 2007–08 period. The Committee would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services, information concerning the number of workers covered by the relevant legislation in force or by other measures mentioned in Article 1 of the Convention, the number and nature of infringements reported and sanctions imposed, copies of relevant collective agreements, etc.