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

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

Article 6, paragraph 1, of the Convention. Minimum weekly rest period. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 37(1) of the Workers’ Statute, which provides for the possibility of accumulating weekly rest days over a period not exceeding 14 days, contrary to the provisions of Article 6, paragraph 1, of the Convention, which requires the granting of an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days. In this regard, the General Union of Workers (UGT) emphasized in its previous comments that this provision could affect the health and safety of workers and also the quality of work performed.

The Government states in its report that the national legislation as a whole applies the provisions of the Convention and that the exceptions to the general system may not be imposed unilaterally by the employer but are negotiated with workers’ representatives. The Government adds that the legislation is in full conformity with the provisions of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organization of working time, in particular article 16(a) thereof, which states that Member States may lay down a reference period not exceeding 14 days. While noting the Government’s explanations, the Committee reiterates that section 37(1) of the Workers’ Statute remains contrary to the provisions of the Convention. The Committee therefore hopes that the Government will review this matter and take the necessary steps in the near future to bring its legislation into full conformity with the provisions of the Convention.

The Committee is also raising a number of other points in a direct request to the Government.