Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT) received on 11 and 17 August 2017, respectively. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), which were communicated with the Government’s report and supported by the International Organisation of Employers (IOE). The Committee also notes the Government’s reply to these observations.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that, in March 2017, the Governing Body approved the report of the tripartite committee set up to examine the representation made in 2014 by the CCOO and the UGT with regard to the application of the Convention (GB.329/INS/20/4).

Article 3 of the Convention. Criteria for determining the minimum wage. The Committee notes that in its report, the tripartite committee requested the Government to continue, in consultation with the most representative employers’ and workers’ organizations, to make every effort to take into consideration, so far as possible and appropriate, the needs of workers and their families and the economic factors referred to in Article 3(a) and (b) and give them proper weight in determining the level of minimum wages. The Committee notes that, in their observations, the CCOO and the UGT consider that, despite the increase of the minimum wage by 1 per cent in 2016, by means of Royal Decree No. 1171/2015 of 29 December 2015, and by 8 per cent in 2017, through Royal Decree No. 742/2016 of 30 December 2016, the minimum wage remains far below the required levels from the perspective of social justice and economic development. The CEOE and the IOE consider that the increase in the minimum wage can have adverse effects on access to the labour market. They also note the possible repercussions on wage costs, collective bargaining and the calculation of various social protection benefits. The Committee notes the Government’s indication that, for the revision of the minimum wage, the factors listed in section 27(1) of the Workers’ Charter are taken into account, namely: the consumer price index, the average national productivity attained, the increased share of labour in national income, and the general economic situation, and that the determination of the minimum wage is the result of an assessment of all of these factors combined. It adds that, to determine the minimum wage for 2017, account was taken of the improvement in the general economic situation, while continuing to promote competitiveness in a balanced manner, thus matching the adjustment of wages and the employment recovery process.

Article 4. Participation of the social partners in the fixing of the minimum wage. The Committee notes that in its report, the tripartite committee hoped that in all processes for the determination of the minimum wage, the Government would fully consult the representative employers’ and workers’ organizations concerned, ensuring that they have full knowledge of all the necessary information and sufficient time to determine their positions. The Committee notes that, in their observations, the CCOO and UGT indicate that the consultation process for the fixing of the minimum wage for 2017 was once again a mere formality. The Committee notes the Government’s indication in this respect that: (1) the draft decision on the setting of the minimum wage for 2017, accompanied by an impact assessment in which the factors established in section 27(1) of the Workers’ Charter were evaluated in detail, was submitted for consultation to the social partners at the beginning of December 2016; (2) the UGT and the CCOO expressed their disagreement with the proposal to the Government in writing on 20 December 2016; and (3) the most representative employers’ organizations also submitted their views in this regard.