Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Maternity Protection Convention (Revised), 1952 (No. 103) - Spain (Ratification: 1965)

With reference to its observation, the Committee would be grateful to be provided with additional information on the following points.

Article 4, paragraphs 1, 4 and 5, of the Convention. In its communication dated 18 October 2002, the Trade Union Confederation of Workers’ Commissions (CC.OO.) indicates that, in its opinion, the qualifying period of 180 days of contributions required by the Spanish legislation deprives a large number of women workers from entitlement to maternity benefits, and particularly those who are employed part time. In this respect, the Committee notes with interest the information provided by the Government that the Fourth Plan for Equality of Opportunity for Men and Women for the period 2003-06 includes among its objectives the elimination of the minimum period of contributions for entitlement to maternity benefits in relation to the compulsory postnatal period of leave (six weeks after confinement). The Committee also notes that, under the terms of section 4(1)(4) of Royal Decree No. 1251/2001, where the woman does not meet the qualifying conditions for cash benefits, she may authorize the child’s father to receive these benefits for the whole period of leave, with the exception of the six-week period of compulsory leave, provided that he meets the qualifying conditions set out in the regulations. With regard to part-time workers, the Government adds that specific rules taking into account the principles of equality and proportionality are applicable to the calculation of contribution periods. The Committee hopes that the Government will be able to indicate in its next report the measures adopted to achieve the objectives of the Fourth Plan for Equality of Opportunity between Men and Women with regard to the elimination of the qualifying period for the provision of cash benefits during the compulsory period of leave.

Application of the Convention in practice

The Committee notes the information provided by the CC.OO., and the Government’s reply concerning supervision of the application of the provisions of the Convention in small and medium-sized enterprises. It also notes the information provided by the Government concerning the penalties imposed in cases of violations of the respective provisions. The Committee hopes that the Government’s next report will continue to provide information on the measures adopted or envisaged to strengthen supervision of the implementation in practice of the provisions of the Convention, particularly with regard to the above enterprises.