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

Minimum Wage Fixing Convention, 1970 (No. 131) - Spain (Ratification: 1971)

Articles 3 and 4 of the Convention. Readjustment of the minimum wage. The Committee notes the comments of the International Organisation of Employers (IOE) and the Spanish Confederation of Employers’ Organizations (CEOE), which were received on 15 July 2013 and transmitted to the Government on 11 September 2013. The IOE and the CEOE refer to the system of annual readjustment of the interoccupational minimum wage (SMI) by royal decree after direct consultations with the most representative employers’ and workers’ organizations, and indicate that the SMI is only relevant for those workers who are not covered by collective agreements. However, an increase of the SMI may lead to requests for general wage increases, raises the threshold of labour cost for the purposes of collective bargaining, and also puts an upward wage pressure on many categories of workers concerned about their remuneration levels. In addition, an increase of the SMI results in an increase of the reference base used for the calculation of social security contributions and therefore affects the employers’ share of such contributions. In its reply, the Government recalls that the obligation to consult employers’ and workers’ organizations prior to the establishment of the minimum wage is expressly provided for in section 27 of the Workers’ Statute. The Government also recalls that consultations with the social partners are facilitated by an impact analysis of the proposed minimum wage which includes information on factors such as the consumer price index, the national productivity rate and the general economic climate. The Government is requested to reply to the observation the Committee addressed in 2012.