Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes the information supplied with the Government's report, and in particular, the observations made by the General Union of Workers (UGT).

The UGT points out (1) that the consultation before fixing the Interprofessional Minimum Wage (SMI) is confined to only one meeting per year with the workers' organizations, which is not enough for a detailed analysis of different elements, and which therefore results in the loss of purchasing power of the SMI; (2) that the differentiation of the minimum wage rates for the workers of 18 years and over and for those of less than 18 years is resulting in discrimination since neither the work performed nor the working hours are different; (3) that under the contract for training ("Contrato para la formación" under section 11(2) of the Workers' Statute (Act No. 8 of 10 March 1980, as amended by Act No. 32 of 2 August 1984), many young workers (261,916 contracts of this type in 1991) receive wages at less than the minimum rate because the employers can reduce the wages up to a half in relation to the time spent for teaching; and (4) that the provision of section 27(1) of the Workers' Statute concerning half-yearly revision of the SMI has not been implemented.

Regarding points (1) and (4) above, the Government indicates that the SMI has been revised annually after consultation with the representative organizations of the employers and the workers. It states that for the purpose of such consultation, the Government sends sufficient informative documentation and organizes meetings, and that workers' organizations often send back their proposal in writing, in which case the Government holds a last meeting to give the reply before the decision on the new SMI. The Government also indicates that the annual increase rates of the SMI were 6.0 per cent in 1989, 7.1 per cent in 1990 and 6.5 per cent in 1991, while the Consumer Price Index (CPI) in the real term increased 6.9 per cent, 6.5 per cent and 5.5 per cent respectively in the same period.

The Committee notes these indications. Regarding the periodicity of the adjustment, the Committee recalls that the tripartite committee set up to examine the representation made by the Trade Union Confederation of Workers' Committees (CC.OO.) under article 24 of the ILO Constitution concerning the application of section 27 indicated that "taking account of the information available, the Government has not failed to comply with the provisions of Article 4, paragraph 1, of the Convention in maintaining machinery whereby 'minimum wages can be adjusted from time to time'" (GB.243/6/22, Geneva, June 1989). The Committee further recalls that the Convention does not specify the frequency of wage adjustment. A given frequency of the minimum wage adjustment is in accordance with the provisions of the Convention insofar as it responds to the principal objective of the Convention, i.e. to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families (paragraph 428 of the General Survey of 1992 on the Minimum Wages). In this connection, the Committee requests the Government to indicate the procedure followed under section 27(1) of the Workers' Statute which, however, provides for the half-yearly revision of the SMI in the case where the CPI forecasts did not prove correct, in order to verify the correctness of the CPI forecast and to determine whether the half-yearly revision of the SMI is necessary. It asks the Government to state whether the employers' and workers' organizations are consulted in this regard.

As to point (2) of the UGT's comments, the Committee notes the Government's indication that since 1990, the SMI has been fixed for the workers of 18 years of age or older and for those of less than 18, while previously there were three categories, i.e. up to 16 years, 17 years of age and 18 years and over. It also notes the court decision dated 7 March 1984 (BOE 3 of April 1984), in particular, point 10 of II. Legal Grounds, in which it was confirmed that the principle of equal wage for equal work also applies to the workers of different age. The Committee requests the Government to indicate concrete measures taken or contemplated to ensure that workers of less than 18 years can, as stated in the Government's report, receive equal wages if they perform work equal to that of the adults.

The Committee notes, regarding point (3) of the UGT's comments, that the Workers' Statute provides in section 11(2) for the possibility of a training work contract for workers of more than 16 and less than 20 years of age and, without the upper age limit, for disabled workers. The Committee requests the Government to supply information on the application in practice of these provisions, and, in particular, on measures taken or contemplated to prevent the abatement of the minimum wages.