Texts of pending comments

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO), the General Union of Workers (UGT) and the Spanish Confederation of Employers' Organizations (CEOE) communicated with the Government’s report. The Committee notes the Government’s responses to these observations.

Article 1(a) of the Convention. Information on national policies, laws and regulations. The Committee observes that, in its report, the Government refers to the adoption of laws and regulations concerning residence and work permits of migrant workers, such as: (1) Royal Decree-Law 11/2018, of 31 August, which refers to the European Union (EU) Directive 2016/801, and concerns, inter alia, the procedures for specific residence, mobility and work permits for third-country nationals carrying out research work in the country, international students who completed their studies in the country and wish to stay to seek employment opportunities, as well as foreign students wishing to participate in internship programs; (2) Order TMS/331/2019 concerning the requirements for the authorisation to electronically present files for residence permits covered by the international mobility regime; (3) Resolution of 8 April 2019 of the State Migration Secretariat concerning agreements on residence and work permits for third-country foreign nationals working in Spanish fishing boats that work, without an international fishing agreement, outside the Exclusive Economic Zone of Spain or outside the Mediterranean Sea. The Committee also notes that, in their observations, CCOO indicates that Royal Decree-Law 7/2018, of 27 July, on universal access to the National Health System, restores access to public health services to migrant workers in an irregular situation, and CEOE highlights measures adopted in 2020 to expedite the process of validating foreign certificates, especially in the health sector, which allowed validating more than 1800 certificates. The Committee further notes that the Government also refers to numerous legislative amendments that, albeit not focused on migrant workers specifically, may also be relevant to them, which include those relating to equality and non-discrimination, equal remuneration between men and women, as well as urgent measures for ensuring social protection and combating precarious work.

In addition, the Committee observes that the Government highlights that Labour Inspection services have continued to monitor and enforce labour legislation regarding migrant workers, and that the Strategic Plan for Labour Inspection and Social Security 2018–2020, includes specific measures to improve the protection of labour rights of migrant workers residing in Spain. The Government also explains that a Strategic Plan on Equal Opportunities 2018-2021 is currently being prepared. It adds that the Decent Work Strategy 2018–2019–2020 includes a number of specific measures to promote migrant workers’ employment in non-discriminatory conditions. The Committee requests the Government to continue providing information on the application in practice of any measures adopted in relation to the Convention, and in particular on measures adopted under the Decent Work Strategy 2018-2019-2020 and the results achieved. It also requests the Government to provide information on any advancements regarding the adoption of the Strategic Plan on Equal Opportunities, and particularly on whether it will include specific measures for migrant workers, including women migrant workers. The Committee requests again the Government to provide updated information on the activities of the Forum for the Social Integration of Immigrants.

Article 1(c). Information on general agreements and special rules. The Committee notes CCOO’s observations mentioning a bilateral migration agreement signed with Honduras on 28 May 2021 which, according to the Government’s reply, has not entered into force and, thus, has not been published yet. The Committee also takes note that the Government refers, in its report, to the Young Generation as Change Agents (YGCA) programme, which is dedicated to promoting migration of Moroccan graduates who studied at least a 1 year Master’s degree in Spain in the academic year 2019-2020. It notes that 98 students have benefited from this programme and that 23 of their projects (10 of which belong to female students) are being implemented in Morocco. The Committee requests the Government to provide information on the date when the bilateral migration agreement with Honduras will enter into force, and to provide a copy of the same. It also requests the Government to continue providing information on the general agreements and special rules adopted regarding migration for work.

Article 2. Return. The Committee takes note of the Government’s indication that the Return to Spain Plan was approved in 2019 with the objective to promote the return of Spanish citizens living abroad, including a pilot phase undertaken between June 2019 and June 2020 that provided services of employment placement and mentoring, resolution of administrative enquiries and psychological counselling to a total of 200 emigrants. The Government also indicates that the programme is currently being reframed due to the health, social and economic consequences of the Covid-19 pandemic. The Committee also notes CCOO’s observations that the results of the Return to Spain Plan are very modest and that, in reframing return programmes, other aspects should be considered, such as: (1) opening it up to a broader audience (beyond qualified workers, youth or persons born in Spain), (2) providing labour counselling through public employment services rather than private employment agencies, (3) providing measures tostrengthen the efficiency and specialization of public employment services, and (4) ensuring good coordination among different public administrations. The Committee requests the Government to provide information on the reframing and further implementation of the Return to Spain Plan 2019, and to continue providing information on any other measures related to the return of Spanish migrant workers.

Article 3. Measures against misleading propaganda. The Committee notes that, regarding this point, the Government again provides detailed information on enforcement activities carried out by labour inspectorates. The Committee also notes that, throughout its report, the Government refers to measures aimed at information and sensitization, including: (1) the promotion of a better understanding of migrant workers about their social rights and corresponding enforcement mechanisms, included in the Strategic Plan for Labour Inspection and Social Security 2018–2020; (2) sensitization measures on the importance of complying with equality and labour legislation, included in the Decent Work Strategy 2018–2019–2020; (3) the availability of information factsheets on the immigration website of the Ministry on Inclusion, Social Security and Migrations; and (4) data on the number of workers benefiting from the provision of orientation and employment information services. The Committee recalls the relevance of Article 3 of the Convention for the protection of workers from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences for the workers involved. Given migrants’ vulnerability to this form of abuse, the Committee requests the Government to provide detailed information on the specific measures taken to prevent misleading propaganda and to penalize conduct that is misleading and harmful to migrants for employment, in addition to the enforcement activities carried out by labour inspectors and other information and awareness-raising activities.

Article 6(1)(a)(iii). Equal treatment in respect of accommodation. The Committee takes note of the Government’s indication that there is no differential treatment between migrant workers that are long-term residents and other migrant workers when applying section 13 of the Basic Act No. 4/2000 of 11 January, concerning rights and freedoms of foreign citizens in Spain and their social integration. The Government further highlights that foreign temporary residents, foreign long-term residents and Spanish citizens can benefit from the State housing plan 2018–21. The Government also indicates that the implementation of the plan corresponds to autonomous communities.

The Committee also notes that, in reply to its previous comments requesting information on measures to guarantee migrants in Alicante, Almería and Murcia no less favourable treatment than that given to Spanish citizens, the Government indicates that no studies have been undertaken from a human rights perspective regarding settlements of seasonal workers in agriculture, but that draft “Recommendations on settlements” are being prepared by the Council for the Elimination of Racial and Ethnic Discrimination. In its observations, CEOE confirms employers’ organizations active participation in the elaboration of such recommendations. In this regard, the Committee also takes note of the adoption of Royal Decree-law 5/2020, which enhances the scope of action of Labour Inspection to the accommodation and places of rest that are outside of the place of work or the place where work is performed. But the Committee also notes with concern that the United Nations Special Rapporteur on extreme poverty and human rights highlighted, in its Report of 2020 on his visit to Spain, that migrant workers in Huelva are living in migrant settlements in inhuman conditions and that, according to civil society, around 2300 and 2500 people live in such conditions during the strawberry season (A/HRC/44/40/Add.2, of 21 April 2020, paragraph 74). The Committee notes the statistical information provided by the Government on the number of employment contracts with migrant workers during 2017-2020, which is disaggregated by Autonomous Community and indicates that, in 2020, there were 595,975 contracts in Andalucía, 407,984 in Murcia and 381,148 in Comunidad Valenciana. The Committee requests the Government to provide further information on the application of the State housing plan 2018-21 to migrant workers, including measures adopted at the level of autonomous communities, and more specifically data on the number of migrant workers who benefited from the plan. The Committee also requests the Government to provide information on:

(i) measures taken to guarantee that migrant workers living in settlements receive no less favourable treatment than that given to Spanish citizens;
(ii) the advancement on the elaboration and implementation of the “Recommendations on settlements”; and
(iii) the number and nature of the violations detected by the labour inspection services and any judicial or administrative decisions regarding equality of treatment of migrant workers regarding accommodation, as well as the sanctions imposed, and the remedies granted.

Labour inspection. The Committee notes the statistical information provided with the Government’s report on the actions undertaken by labour inspection in relation to the application of the Convention, including by providing numbers of violations identified and overall amounts of penalties imposed. The Committee notes the Government indication that a specific campaign has been pursued to ensure that conditions of work of migrant workers are not discriminatory compared to those of national workers. The Committee further notes that pursuant to this campaign 638 inspections were carried out in 2020, leading to the identification of 25 violations that affected 143 workers. The Committee also takes note that the Government refers to sectorial inspection campaigns in the agricultural sector (in particular, two campaigns to control risks related to use of machinery and equipment and other risks, as well as a campaign regarding undeclared work) and in the fishing sector (through SEGUMAR campaign on the inspection of fishing boats regarding occupational safety and health requirements). The Committee requests the Government to continue providing information on the action of the labour inspectorate, disaggregated by economic sectors. The Committee also requests the Government to provide detailed information on thepenalties imposed for the various specific types of violation.

Articles 2 and 7. Employment services. In response to its previous request for information on the number of migrant workers who have benefited from employment services, the Committee notes the vast data information supplied by the Government on the number of migrant workers’ employment contracts (also disaggregated by sector and Autonomous Community), requests for work from migrant workers and unemployed migrants for the period 2017-2020 and disaggregated by sex, Autonomous Community, and citizenship from the European Union (EU) and non-EU countries. The Government also provided data, disaggregated by sex and citizenship from EU and non-EU countries, on the number of migrant workers who benefited from employment services, inter alia: orientation and employment information, orientation for self-employment, training, labour intermediation, and action on transnational mobility. In this regard, the Committee observes that: (1) the number of migrant workers beneficiaries of employment services increased from 628,044 in 2017 to 879,884 in 2019 and 779,001 in 2020, the majority coming from non-EU countries; (2) the number of migrant workers beneficiaries of employment services per year show an approximatively even participation between women and men (indicating, for instance, a participation of 385,770 men and 393,231 women in 2020); (3) for the period 2017-2020, orientation and employment information were the services provided the most. The Committee requests the Government to continue providing information on the number of migrant workers who have benefited from employment services, disaggregated, where possible, by sex, place of origin and sector of activity. It requests the Government once again to indicate procedures for cooperation with the corresponding services of other countries.

Annex I, Article 3. Operations of recruitment, introduction and placement of migrant workers. Private employment agencies. In its previous comments, the Committee noted UGT’s observations indicating that a number of employment agencies specialized in domestic work offered lower starting wages and hours of work more subject to change for workers recruited abroad, and requested the Government to provide information on the application in practice of section 36 of the amended Employment Act, adopted by Royal Legislative Decree No. 3/2015 of 23 October. The Committee notes that the Government refers to section 35 of the same Decree, which provides that public employment services, their collaborating entities and private employment agencies shall avoid direct or indirect discrimination in access to employment (including job offers, selection processes and criteria, training to access a position, and working conditions), and that, when entities managing labour intermediation identify a discriminatory job opening, they shall communicate with the entity having issued it. The Government also makes further reference to the prohibition of discrimination included in sections 3 and 23 of Basic Act No. 4/2000 of 11 January, concerning rights and freedoms of foreign citizens in Spain and their social integration, section 17 of Royal Legislative Decree No. 2/2015 of 23 October, adopting the revised text of the Workers’ Charter, and section 4(3) of Royal Decree 1620/2011 establishing special labour regulations for domestic work. It also indicates that section 16(1)(c) of the Act respecting social offences and penalties (approved by Royal Legislative Decree No. 5/2000 of 4 August) includes discrimination in access to employment as a “very grave” violation. The Committee further notes that the Government provides data on inspections carried out regarding labour intermediation, but that it is not possible to identify the number of migrant workers affected. The Committee also takes note of UGT’s observation that recruitment undertaken by employment agencies with candidates that are outside of the Spanish territory may fall outside of the scope of Royal Legislative Decree No.3/2015, as well as that the application in practice of section 35 presents some difficulties in the domestic work sector. The Committee requests the Government to provide information about measures taken to ensure the full application of Royal Legislative Decree No.3/2015, including any specific measures addressed to migrant workers, as well as on cases of non-compliance detected by the labour inspectorate. The Committee also requests the Government to provide information on whether Royal Legislative Decree No. 3/2015 covers recruitment from candidates that find themselves outside of the Spanish territory.

Annex II, Article 3. Operations of recruitment, introduction and placement of migrant workers. Regarding the collective management of recruitment in countries of origin (GECCO), the Committee takes note of the data supplied by the Government on the number of workers selected to work in the agricultural sector. The Committee observes that, according to such data, in 2020 there were 15,027 workers recruited (14,754 of which were women), that 14,629 workers came from African countries, and that 14,552 worked in Andalucía. The Government also provides information on the regulatory framework on collective management of recruitment in countries of origin between 2017 and 2020. The Committee takes note, in particular, of the fact that Order ISM/1289/2020, of 28 December, regulating collective management of recruitment in countries of origin for 2021, includes essential sectors beyond the agriculture sector, and also guarantees reinforced health and safety measures. The Committee also notes that such Order foresees employers’ obligation to provide adequate accommodation that meets requirements established by legislation.

The Committee further notes that, in its observations, CCOO raises its concern on the low salaries for these recruitment schemes in the agricultural sector, as well as on the feminization of strawberry picking jobs and the fact that recruiting pregnant women is treated as a “health issue”. The Committee notes that, in this regard, the Government explains that salaries in agricultural sectors are determined by the particularities of the sector, but that recent negotiations aim to establish fair salaries and that general minimum salary rates were increased in the country. It also indicates that the greater presence of women in strawberry picking is due to the fact that, in origin countries, agriculture is mainly carried out by women, who have broader experience in this field. The Government also indicates that hiring pregnant workers requires different transportation and accommodation arrangements and that, sometimes, hard physical working conditions have an impact on the productivity of such workers. In this regard, the Committee observes that the Decent Work Strategy 2018–2019–2020 includes, among its measures, an increased action by Labour Inspection to supervise conditions of work of migrant workers, particularly women in the agricultural sector. UGT also points out that migrant workers repeatedly recruited through GECCO schemes every year receive a service contract while, if they lived in Spain, they would have access to an open-ended intermittent contract (in Spanish, “contrato fijo-discontínuo”, which refers to a type of permanent contract whereby work is carried out intermittently and in dates that are not repeated) allowing access to other benefits. The Government clarifies that migrant workers’ access to open-ended intermittent contracts would not be possible where workers start and end their work on the same date every year. The Government also highlights obstacles encountered in the application of GECCO schemes, which include difficulties in controlling workers’ return to countries of origin, obtaining complete and correct information about candidates, and optimizing profiles selected, as well as difficulties to provide information and sensitization and to counter discrediting campaigns. The Committee requests the Government to provide information on the measures taken to apply Order ISM/1289/2020, and particularly regarding the reinforcement of occupational health and safety measures, as well as on any other measures taken to ensure that GECCO is undertaken in line with the provisions of Annex II of the Convention. The Committee further requests the Government to continue providing information on the number of foreign workers selected through GECCO, indicating their sex, place of origin and economic sector.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), the General Union of Workers (UGT) and the Spanish Confederation of Employers’ Organizations (CEOE), communicated with the Government’s report. The Committee notes the corresponding responses of the Government.

Article 6(1)(a) and (b) of the Convention. Equal treatment regarding conditions of work and social security. The Committee takes due note that, in its report, the Government indicates that, under section 5(4) of Royal Decree No. 1620/2011 of 14 November establishing special labour regulations for domestic work, employers have the obligation to inform workers of essential elements of the contract and main conditions of work, where the contract lasts more than 4 weeks (including information on salary, payments in cash, duration and distribution of working hours, remuneration and compensation systems, and the regime of overnight stays where applicable). In addition, the Government also refers to section 2(2) of Royal Decree No. 1659/1998 of 24 July to apply section 8(5) of the Workers’ Statute dealing with information for workers on the main elements of the employment contract, which lists the information that a labour contract should contain. Also, regarding information, the Committee takes note of CCOO’s observation that the Ministry on Inclusion, Social Security and Migration’s website contains no specific guidance for domestic workers, as well as of the Government’s reply indicating that the general information provided is applicable to domestic workers correspondingly.

Regarding effective and accessible complaints mechanisms for domestic workers, the Government indicates that the Labour Inspection is able to access private homes within the limits of the right to inviolability of the home (and, hence, requiring the owner’s consent or a judicial authorization). The Committee notes with interest the Government’s indication that a specific inspection campaign on domestic work was launched in 2021, which addresses informal economy by prioritizing complaints presented and includes technical assistance and sensitization on the regularization of salaries that are below minimum salary rates (and of corresponding contributions to social security schemes). The Committee also observes that the Government indicates it has taken measures to make claim forms available in different languages. The Committee takes due note that the Government also provides data on the inspections carried out in the domestic work sector for the period 2017–20, showing that: (1) the Service on Social Security and Foreigners did 1,072, 952, 956 and 669 inspections in 2017, 2018, 2019 and 2020 respectively, all of them concerning undeclared work; (2) in 2020, 161 inspections carried out by the Service of Labour Relations and 28 inspections carried out by the Occupational Safety and Health Service were originated in workers’ complaints. The Committee notes, however, that such data does not indicate to what extent such claims were presented by migrant domestic workers. The Committee further notes UGT’s observations that measures foreseen to monitor the implementation of Royal Decree 1620/2011, such as an impact evaluation and the creation of a group of experts, have not been undertaken.

The Committee expects that, in applying section 2(2) of Royal Decree No. 1659/1998 and section 5(4) of Royal Decree No. 1620/2011, the Government will continue to take measures so that the relevant information is provided to migrant domestic workers in a manner and language that they understand, and take other necessary and appropriate measures to monitor the implementation of Royal Decree No. 1620/2011 as soon as possible. The Committee also asks the Government:

(i) to provide information on the implementation of the 2021 labour inspection action campaign on domestic work and the results achieved, and
(ii) to continue providing statistical information on complaints filed before the Labour Inspection, courts or any other competent authority, in particular those filed by migrant domestic workers, as well as the inspections conducted and sanctions imposed.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), of the General Union of Workers (UGT) and of the Spanish Confederation of Employers’ Organizations (CEOE), communicated with the Government’s report. The Committee also notes the Government’s corresponding response.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with interest the information in the Government’s report regarding the adoption of Royal Decree-law No. 6/2019 of 1 March, on urgent measures to ensure equality of treatment between women and men in employment and occupation, which amends section 28 of the Workers’ Statute, establishing that there is work of equal value “when the nature of the functions or tasks actually performed, the educational, occupational or training conditions required to undertake them, the factors strictly related to their performance and the terms and conditions of employment under which they are carried out are effectively equivalent”. The Committee also observes, according to the Government’s report, that section 4 of Royal Decree No. 902/2020 of 13 October, on equal pay for women and men, develops this concept and defines the meaning of “nature of the functions or tasks”, “educational conditions”, “occupational and training conditions” and “terms and conditions of employment” and “factors strictly related to the performance of the work”. The Committee requests the Government to provide information on the application in practice of the concept of “work of equal value” defined in section 28 of the Workers’ Statute, as amended by Royal Decree-law No. 6/2019 and Royal Decree No. 902/2020.

Articles 1 and 2. Measures to address the gender wage gap and promote equal remuneration. Instruments for transparency in remuneration. Developments in legislation. In its previous comments, the Committee asked the Government to continue its efforts to reduce the gender wage gap, in collaboration with employers’ and workers’ organizations, and to monitor the impact of the measures adopted. The Committee notes with interest that the Government indicates the adoption, under Royal Decree-law No. 6/2019, of various measures for transparency in remuneration. Firstly, the Committee notes the obligation, under section 28 of the Workers’ Statute, for any enterprise to maintain a record of wages to which the workers’ representatives have right of access. In accordance with Royal Decree No. 902/2020, the record shall contain the average amounts of the wages, supplementary allowances and benefits of the staff (including management and senior management) disaggregated by sex, the arithmetic average and the median of what is actually received for each of those segments in each occupational group, category, level, post or any other classification system. In this connection, the Committee notes the Government’s indication with regard to the guidance material produced by the Institute of Women (IMs) and the creation of a wage record tool, following an agreement reached in collaboration with the employers’ and workers’ organizations in 2021, to help enterprises create their wage records, as well as the CEOE’s observations, according to which this tool will allow comparison between and grouping of reduced-time or part-time posts. The Committee also takes note of the Government’s clarification, in response to the CEOE observations, that the wage record tool does not replace the self-diagnosis tool for the gender wage gap (created in 2016), which is still active and allows objective and gender-sensitive measurement of wages.

The Government also indicates that enterprises of more than 50 workers are now obliged to adopt and register an equality plan. In this regard, the Committee refers to its comments formulated in respect of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and notes that the prior negotiated analysis to elaborate the equality plan must take occupational classification systems, remuneration, the under-representation of women, and a pay audit into consideration. Moreover, under Royal Decree No. 902/2020, the pay audit shall include an analysis of the remuneration situation of the enterprise, including an evaluation of the work posts and factors resulting in the wage gap, as well as a corrective action plan. The Committee notes, in addition to the observations of the CCOO, that the Government reports that a technical guide will be elaborated, in collaboration with the social partners, on conducting pay audits that include a gender perspective. The Committee also notes that the UGT states, in its observations, that violations of non-compliance with these new measures should be more precise, and more heavily penalized, with both absence of information and the provision of incorrect information on wages specifically classified as very serious offences in application of Royal Decree No. 902/2020. The Government maintains that appropriate offences are provided for in this regard, as comprehensive wording, covering all non-compliance with the law, has been included, adding that a general increase in the amounts of the penalties will come into force in 2021. The Committee requests the Government to provide information on the implementation, in practice, of the instruments for transparency in respect of remuneration, as well as any difficulties encountered in applying these tools, and the results obtained through their application, and in particular: (i) information on good practices identified through the wage records and pay audits; (ii) information on the number of violations identified in respect of the obligations regarding the wage records and the pay audit; and (iii) information on the assistance and guidance activities carried out to implement the instruments for transparency in respect of remuneration, indicating the numbers of beneficiaries.

Public sector. The Committee notes the UGT’s indication that Royal Decree No. 901/2020 and Royal Decree No. 902/2020 do not apply to civil servants in public administration, pointing out that there is no obligation to maintain records of wages, carry out pay audits and register formulated equality plans. In this regard, the Government clarifies that the amendments to Royal Decree-law No. 6/2019 (and consequently, Royal Decrees Nos. 901/2020 and 902/2020) refer to sections 45 and 46 of Basic Act No. 3/2007, of 22 March, on effective equality for women and men, which concern obligations for enterprises. However, the Government indicates that section 64 of that Act sets out the obligation to establish an equality plan with regard to the General State Administration (AGE), and that the III Plan for Gender Equality in the AGE and in connected or dependent public bodies was adopted in 2020. The Committee notes that Part 3 of the Plan refers to terms and conditions of employment and career development, and provides measures for equal remuneration for women and men, including the analysis of the gender wage gap in the AGE and the development of a plan of action to eliminate the gap through methodologies that take Royal Decree No. 902/2020 as a model. In its 2012 General Survey on fundamental Conventions, paragraphs 670 and 671, the Committee indicates that Member States bound by the Convention cannot be passive in their approach to implementing the Convention and are obliged to ensure the application of the principle where the State is the employer or otherwise controls business, or where the State is in a position to intervene in the wage-fixing process. The Committee requests the Government to provide detailed information on the measures adopted to apply the principle of the Convention in the different areas of public administration, including measures adopted under the AGE III Plan for Gender Equality 2020, specifying the concept of “work of equal value”, the mechanisms employed and results obtained.

Measures to address the underlying causes of the gender wage gap. In its earlier comments, the Committee requested the Government to continue providing information on all measures adopted to address the underlying causes of the wage gap and to provide statistical information disaggregated by sex on the participation of men and women in the labour market, in education and vocational training. With regard to occupational segregation, the Committee notes the information provided by the Government to the effect that there are sectors with a higher participation of women workers (office and administration, catering, protection, retail and personal services, and domestic work), sectors with a higher participation of men workers (industry and construction, the military), and sectors in which a slow increase in women’s participation can be observed (technical, scientific and intellectual occupations, leadership and management positions). The Committee also observes, according to the statistics provided by the Government, that women’s wages represent 88.55 per cent of men’s wages in the services sector; 84 per cent in technical, scientific and intellectual occupations; 80.3 per cent in office work involving contact with the public; 83.8 per cent in office work not involving contact with the public; and 82.52 per cent in the restaurant and retail sector. The Committee also notes that the CCOO indicates that despite the 2019 Wage Structure Survey showing a reduction in the wage gap, the economic gender gap continues to grow, as the reduction referred to is due largely to the increase in the minimum interprofessional wage, and women form the majority of those receiving the lowest wages. The CCOO also mentions that the sectors employing most women, such as hotels and services, present the lowest annual wages. In this regard, the Committee notes that, under Royal Decree-law No. 6/2019 and Royal Decree No. 901/2020, the prior negotiated analysis for the equality plans must take the distribution of staff, vertical and horizontal segregation into consideration, while the equality plan’s statistics sheet should answer questions on ways to address such segregation, the objective of equal participation at all levels of the enterprise, the implementation of systems to promote occupational goals, prioritizing women’s access to work primarily performed by men and promoting women’s presence in management and leadership positions. The Government also refers to Act No. 11/2018, of 28 December, amending the Commercial Code, the consolidated text of the Corporate Enterprises Act approved by Royal Legislative Decree No. 1/2010, of 2 July, and Act No. 22/2015, of 20 July, on accounts auditing in respect of non-financial information and diversity, under which executive boards of enterprises must ensure that their membership selection processes facilitate a balanced participation of women and men. The Committee also takes note of various elements of information provided by the government on training and awareness-raising measures, including the “Proyecto Progresa” project, launched in 2019 with the CEOE, to promote women with talent in organizations including, for example: (1) the initiation in 2018 of workshops on identifying and evaluating unconscious gender bias, as part of the “More Women, Better Enterprises” project; (2) the TALENTIA 360 programme, which aims at empowering women to take management positions and, since 2018, includes action specifically concerning the armed forces; (3) programmes to promote women and girls in science, technology, engineering and mathematics (STEM), such as “I want to be an engineer 2018-2020” (“Quiero ser ingeniera”), “Now you – 2018–2020” (“Ahora tú”) and INNOVATIA 8.3; and (4) the Guide of good practices for attracting and retaining talent and career progression with a gender perspective 2020.

Regarding the modalities and systems of working time and social protection, the Committee observes from the statistics provided by the Government, that women represent 74 per cent of part-time workers and only 41 per cent of full-time workers ant that, according to the CCOO, the average wage for full-time work is 16.58 euros per hour, while for part-time work it is 11.71 euros per hour. The Committee notes the Government’s indication that Royal Decree No. 902/2020 applies to workers in part-time work, and that Royal Decree No. 28/2020, of 22 September, on remote work, provides for remote workers’ entitlement to the same remuneration and wage supplements as on-site workers for work of equal value. The Government also refers to the decision of the Constitutional Court of 3 July 2019, ruling that any additional reduction to the regulatory base applied to part-time workers, resulting in a reduction in the effective number of days contributed, is unconstitutional, since it would predominantly affect women workers and constitute indirect discrimination. The Committee also notes that the Government refers to the amendment of the Basic Statute of Public Employment, enacted under Royal Decree-law No. 6/2019, which grants civil servants the right to retain their entire remuneration if their working day is reduced due to violence, and also to the Agreement of the Sectoral Conference of the Public Administration of 22 October 2018 to promote inter-administrative mobility for public servants that are victims of gender-based violence, which provides that the woman worker requesting such mobility does not incur a loss of remuneration. Lastly, the Committee also refers to its comments formulated in respect of the Workers with Family Responsibilities Convention, 1981 (No. 156), concerning the adoption of the supplement introduced to reduce the gender wage gap in pensions. The Committee requests the Government to provide information on progress made in addressing vertical and horizontal occupational segregation on the grounds of gender, and to continue providing information disaggregated by sex, sector, occupation and form of work on the participation of men and women in the labour market. The Committee also requests the Government to provide information on the measures adopted to facilitate women’s access to full-time work for those women who so wish, and for the application, in practice, of the principle of equal remuneration for women workers in part-time or remote work.

Article 3. Objective job evaluation. The Committee observes that the remuneration audit required under Royal Decree-law No. 6/2019 and Royal Decree No. 902/2020 in enterprises of over 50 women workers must include an analysis with a pay audit that comprises a job evaluation. The Committee takes note that, according to section 4 of the same Royal Decree, a correct evaluation of jobs requires the application of suitability criteria (relevant factors are those related to and actually performed in the activity), completeness (account must be taken of all the conditions that individualize the job, ignoring and undervaluing none), and objectivity (existence of clear mechanisms to identify the factors taken into consideration when fixing wages, which are not influenced by social factors or values that reflect gender stereotypes). Thus, the Government indicates that the Gender-sensitive System for Evaluation of Jobs (SVPT), which enabled enterprises to create their own system of job evaluation, will be replaced under the first final provision of Royal Decree No. 902/2020, by a new evaluation procedure, which should be adopted within six months of the entry into force of the Decree. The Committee also observes that Royal Decree-law No. 6/2019 amends section 22.3 of the Workers’ Statute, requiring that classification systems in collective agreements and the definition of professional groups comply with criteria and systems that aim to eliminate gender discrimination. Royal Decree No. 902/2020 provides that collective agreement negotiations shall ensure that the factors and conditions of each occupational group and level respect the criteria of suitability, completeness and objectivity. The Committee requests the Government to provide information on progress in adopting the new job evaluation procedure. The Committee also requests the Government to provide information on collective agreements that include systems to classify and define occupational groups, in compliance with Royal Decree-law No. 6/2019.

Enforcement. Labour inspection. In its previous comments, the Committee requested the Government to provide information on the measures adopted and the investigations carried out by the Labour Inspectorate, and on specific measures undertaken to improve enforcement of national laws related to the Convention. The Committee observes that the Government refers to certain measures provided under the Decent Work Strategy 2018–2019–2020 for the labour inspectorate, including the use of database cross referencing, by means of the Anti-Fraud Tool, with a view to detecting occurrences of wage discrimination. In this regard, the Committee notes the Government’s indication that as a result of the use of this tool, action taken under the inspection campaign on wage discrimination on grounds of sex increased in 2019 and 2020. The Committee thus observes that 980 inspections were conducted, with 24 violations detected in 2019, and 830 inspections were conducted, with 26 violations detected in 2020. The Committee notes that the Government provides data on action by the labour inspectorate undertaken as part of its general activities, although these do not disaggregate cases specifically concerning wage discrimination. The Committee further notes that the Government provides information on various court rulings concerning the application of the principle of the Convention. In respect of this aspect of inspection activity, the Committee also refers to its comments formulated regarding the application of the Convention on Discrimination (Employment and Occupation), 1958 (No. 111). The Committee requests the Government to continue providing information on the measures adopted and the investigations conducted by the labour inspectorate, both within the framework of specific campaigns and in the course of their general activities, and on all legal or administrative rulings related to cases of wage discrimination on the grounds of sex, as well as the penalties imposed and compensation granted.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Article 1(1)(a) of the Convention. Discrimination on the grounds of sex. Sexual orientation and gender identity. The Committee notes the information provided in the Government’s report in response to its earlier comment, requesting information on the measures adopted or envisaged on the basis of the assessment of discrimination against lesbians, gays, bisexuals and transsexuals. The Committee notes the Government’s indication in its report that this assessment has been broadened with a 2019 exploratory study into the social and labour integration of trans persons, which will be published shortly and which throws light on the reality of a group suffering significant discrimination in access to education, employment and the free exercise of an occupation. The Government also refers to the preparation of a preliminary bill on equality and non-discrimination for lesbian, gay, bisexual, trans and intersex persons (LGBTI), which would prohibit all forms of discrimination on the grounds of sexual orientation, gender identity, gender expression or sexual characteristics in access to and retention of employment, recruitment, terms and conditions of employment, as well as to a preliminary bill on real and effective equality for trans persons, which would mandate the public administrations to adopt the measures required to promote integration, employability and social and labour insertion. The Government also refers to the establishment, by Order IGD/577/2020, of the Council for the Participation of LGBTI Persons which, among other functions, been given responsibility for proposals related to LGBTI policies, and the promotion of equality, presentation of criteria and observations in respect of the projects, plans and programmes of the General State Administration (AGE), and the annual review of LGBTI policies. The Committee also notes the “Making progress with LBGTI diversity” project (Avanzando en gestion de la diversidad LGBTI), to promote sexual and gender diversity within enterprises and universities. The Committee further notes the CCOO’s observations according to which there is existing autonomous LGBTI legislation that is not being implemented, and in respect of promotional measures that the organization has taken. The Committee requests the Government to provide information on progress made regarding the preliminary bills referred to above, as well as on the application in practice of the legislation in force, including details of violations and sanctions. The Committee also requests the Government to provide information on the action taken by the Council for the Participation of LGBTI Persons to promote equality in employment and occupation for the LGBTI group.

Article 2. Legislation. The Committee notes that the Government refers in its report to European Court of Justice decisions of 18 January 2018 and 11 September 2019, which consider that section 52.d of the Workers’ Statute is discriminatory on the grounds of disability, since it permits the termination of a contract with right to a reduced compensation where unjustified absences or periods of sick leave for common contingencies of less than 20 days’ duration exceed fixed percentages. The Committee welcomes that this section has been repealed by Royal Decree-law No. 4/2020 of 18 February.

Equality of opportunity between men and women. In its previous comment, the Committee requested the Government for information on the findings of the evaluation of the Strategic Plan for Equality of Opportunity (PEIO) 2014–2016, on any other measure taken to the same end, and on the application and impact of the new PEIO. The Committee observes that the Government refers to the PEIO 2014-2016 final implementation and evaluation report, indicating the complete or partial implementation of 191 of the Plan’s 212 measures. The plan includes changes to or development of rules with wide ranging impact, sectoral action plans, training courses for specific publics aimed at a wide spectrum of profiles, a significant number of projects mounted with the aid of grants, the use of products to generate knowledge, and improvements to statistics and information systems. The Government also emphasizes that the plan has contributed to reducing inequality between women and men and that its principal activities have shown a high degree of continuity. The Committee also notes the observations of the CCOO, to the effect that the Plan, as designed, fails to take account of the impact and consequences on workers of policies to cut budgets, reduce public services and reform labour, and neither does it guarantee employment for the more than 2.4 million unemployed. Likewise, the CCOO indicates that, according to the web page of the Institute for Women (IMs), the PEIO 2018-2021 is being drawn up, but that the trade unions have not been contacted to participate. The Committee notes in this regard the Government’s indication that the PEIO 2014-2016 was not intended to create employment for 2.4 million unemployed, but to contribute to reducing the gender gap in equality of opportunity. With regard to the elaboration of the PEIO 2018-2021, civil society participation is assured through the Council for Participation, which was consulted at the appropriate moment and would be once again when a new draft was ready.

The Committee further notes the Government’s indication in its report that a Strategic Plan for Effective Equality between Women and Men 2021-2025 (III PEIEMH) is being drawn up, and will include, in its second section, entitled “Economy for living, and a fair distribution of wealth and time”: possible situations of multiple discrimination on the grounds of sexual orientation, gender identity, class or membership of an ethnic minority; a system of specific indicators to help measure the incidence of multiple discrimination; studies to provide a better understanding of multiple discrimination, with a focus on women in a socially vulnerable situation. The Committee also observes the CCOO’s indication that the Annual Employment Policy Plan (PAPE) no longer includes women under “priority objectives”, but that they are now classified under “special interest group”. In this regard, the Government indicates that women’s classification in employment policy has not changed, in conformity with section 30 of Royal Legislative Decree No. 3/2015, and that it was for the duly mandated Autonomous Communities to manage employment programmes, adopting and implementing those which best suited the needs of their territories. The Committee requests the Government to provide information on: (i) progress in formulating and adopting the PEIO 2018-2021 and the III PEIEMH, and on participation by the employers’ and workers’ organizations in the process; and (ii) measures adopted under the Annual Employment Policy Plans that contribute to the application of the principle of gender equality in employment and occupation, including those taken at the level of the Autonomous Communities.

Promotion, training and skills development. The Committee observes that the Government refers in its report to various measures in respect of training and awareness-raising on gender equality, including: (1) the various training courses on equality between women and men in the working environment run by the IMs and its Virtual School for Equality (EVI); (2) the promotion of the principle of equality in structural and investment fund interventions via mechanisms and training aimed at administrative and management entities, intermediate bodies and fund beneficiaries; and (3) training on the principle of equality and non-discrimination in the design and implementation of public policies, with particular reference to hate crime, and racial or ethnic discrimination, age, religion, sexual orientation and gender identity, for jurists, teachers and educators, technical staff in establishments providing care for victims of discrimination, civil servants, etc. The Committee requests the Government to continue providing information on training and awareness-raising activities in respect of equality, including the level of participation, disaggregated by sex.

Enforcement and application. The Committee notes the statistics provided by the Government, regarding the action taken: (1) with regard to discrimination in access to employment, 31 actions with no violations identified in 2018; 21 actions with no violations identified in 2019; and 15 actions with one violation identified in 2020; (2) with regard to discrimination in employment, 1,583 actions with 29 violations identified in 2018; 1,781 actions with 39 violations identified in 2019; and 1,166 actions with 27 violations identified in 2020; and (3) in respect of the annual action plan on compliance with rules regarding measures for effective equality between women and men, 6,032 inspections with 164 violations identified in 2018; 7,201 inspections with 217 violations identified in 2019; and 5,803 inspections with 161 violations identified in 2020. In this regard, the Committee observes that a greater number of inspections appear to have been carried out in the context of specific campaigns than under general activities. The Government refers to a number of judgments regarding equality and non-discrimination in employment, and the Committee takes note of these. The Committee also observes, according to the Government’s indication, that the importance given to safeguarding equality in inspection activities is such that it has been given particular weight in the Decent Work Strategy 2018-2019-2020, which provides, inter alia, for the establishment of a Discrimination Combat Unit to coordinate measure to combat discrimination, collaboration with the labour inspectorate and the respective autonomous bodies concerned with equality, the participation of the Labour and Social Security Inspectorate (ITSS) in action plans and strategies on equality, and specialized training for inspectors. The Committee also notes that the Government refers to a cooperation agreement between the Ministry of Equality and the Ministry of Labour and the Social Economy, which provides for permanent monitoring of effective gender equality in enterprises, and which establishes collaboration between the IMs and the ITSS in fixing the quantitative and qualitative objectives for the labour inspectorate, the exchange of information and advice regarding the results of the inspection activity, and collaboration in awareness-raising and provision of information for enterprises, workers and the social partners on the importance of gender equality.

With regard to the labour inspectorate, the Committee notes the observations of the CEOE, according to which, in light of the make-up of the enterprise fabric in Spain, which consists of a majority of small and medium-scale, and micro, small and medium-scale enterprises, the assistance and information function of the labour inspectorate should be strengthened before resorting to enforcement action. The CEOE also states that the inspection figures provided by the Government should be disaggregated to indicate how many “violations detected” are final, that is, not subject to appeal. In this regard, the Government indicates that publication of inspection criteria is to make information public, and specifies that once a violation has been detected, the inspectorate first sends a communication to the enterprise concerned, informing it of the facts observed and requesting it to review the situation. Second, the inspectorate verifies the changes made by the enterprise. The Government also indicates that, as a result of the time scale of the appeal procedure, coupled with the fact that the labour inspectorate is not responsible for that procedure, it is not possible to disaggregate final “violations detected”.

The Committee also notes the information provided by the Government regarding institutional measures taken in respect of the configuration of the Ministry of Equality, through Royal Decree No. 139/2020, of 28 January, establishing the basic organic structure of the ministerial departments and Royal Decree No. 455/2020, of 10 March, setting out the basic organic structure of the Ministry of Equality, including the State Secretariat for Equality and against Gender Violence. The Committee also notes the Government’s indication that the regulation governing the Equality Units of the General State Administration (AGE) is intended to ensure effective gender mainstreaming and the monitoring of the application of equality legislation. The Committee requests the Government to continue providing information on the number and nature of the violations observed, including relevant specific inspection campaigns, and to provide information disaggregated by grounds of discrimination on action undertaken by the labour inspectorate as part of its general activities. The Committee also requests the Government to provide, to the extent possible, information on the most common grounds for a detected violation to be revoked on appeal. The Committee further requests the Government to provide information on: (i) the measures implemented regarding the labour inspectorate and the promotion of equality in employment and occupation under the Overall Plan for Decent Work 2018-2019-2020 and the cooperation agreement with the IMs; and (ii) the measures taken by the Equality Units of the AGE to monitor application of the labour legislation.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s reply.

Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion and national extraction. The Committee notes the Government’s indication in its report, in response to the Committee’s request for information regarding the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction, that: (1) the Council for the Elimination of Racial and Ethnic Discrimination has concluded its 2020 Study of the perception of discrimination, which finds employment to be one of the areas in which there is the most discrimination on grounds of racial or ethnic origin, with the non-Mediterranean African population group the most affected, followed by persons of African descent and those from the Maghreb; (2) according to the study, the most common discriminatory situations concern the assignment of worse timetables and harder tasks, lower wages for the same work, refusal to issue an employment contract and the obligation to perform tasks not covered by the contract; and (3) according to the “Approach to the African and Afro-descendent population in Spain: Identity and access to rights”, a study conducted in 2021, 24 per cent of persons surveyed work in low-skilled employment, 44 per cent in mid-level skilled employment, irrespective of their training level, while 95 per cent consider that they have at present less chance of acceding to positions of responsibility, and 94 per cent of finding a job. The Committee also notes that the Government emphasizes, with respect to the collection of statistics, that data on belonging to a group based on race, ethnicity, sex, religion or other circumstances, are protected under Spanish law and are therefore not reflected in the statistics. However, the Government indicates that the General Directorate for Equality of Treatment and Racial and Ethnic Diversity (DGITYDER) is in dialogue with various actors concerned regarding the suitability of collecting data on ethnic origin where the objective is to eliminate racial discrimination.

The Committee welcomes the reactivation since 2018 of the Council for the Elimination of Racial and Ethnic Discrimination. In this regard, the Government indicates that the Council’s care service for victims of racial or ethnic discrimination continues to provide support in specific cases of discrimination (65 cases in respect of employment in 2019), as well as undertaking information and awareness-raising activities and that, in view of the low level of complaints, measures will be taken to promote and give visibility to the service, for example by filing legal action and, in certain cases, representing victims. The Committee also notes the Government’s reference to the II Strategic Plan for Citizenship and Integration (PECI) 2011–14 and that the CEOE, in its observations, considers it primordial to progress in formulating a new plan. Regarding the assistance measures taken for migrant workers, including migrant domestic workers, the Committee refers to its earlier comments made in relation to the application of the Migrant Workers’ Convention (Revised), 1949 (No. 97).

With regard to the measures adopted in respect of the Gypsy population, the Committee also notes that the Government refers to the 2018 Progress Report on the National Strategy for the social inclusion of the Gypsy population 2012–20, according to which approximately 32.2 million euros has been invested in action and measures aimed at the Gypsy population, the largest proportion of which (39.04 per cent) is in the field of employment, and principally for the improvement of access to employment and the reduction precarious work. Nevertheless, the Committee notes the Government’s indication of the need to intervene more effectively, given that the 2019 Comparative study on the situation of the Gypsy community carried out by Fundación Secretariado Gitano (Roma Foundation) shows that while the Gypsy population’s participation rate in paid work fulfilled the objectives of the Strategy, the objectives for the employment and unemployment rates were not met, and the rate of temporary employment remained at 68 per cent. In this regard, the Committee also notes, from the Government’s web page, that a final evaluation of the 2012–20 strategy was begun in December 2020, and that the next national strategy is being prepared for 2021–30, in line with the guidelines issued under the European Union Roma strategic framework for equality, inclusion and participation 2020–30. The Committee notes the measures taken and the cross-cutting and substantive efforts made by the Government. The Committee trusts that the Government will continue its efforts to the extent possible to promote equality in employment and occupation effectively of the Gypsy population, taking account of the evaluations and results of previous measures. The Committee requests the Government to provide information on: (i) progress made in the adoption of the National Strategy for the Social Inclusion of the Gypsy Population 2021–30; (ii) the results of the II Strategic Plan for Citizenship and Integration (PECI) 2011–14 and and follow-up measures; (iii) the action taken by the Council for the Elimination of Racial and Ethnic Discrimination; and (iv) the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction, including the possible integration of related data in national statistics.

General observation of 2018. In respect of the issues raised above, and more generally, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018.

Article 2. Equality of opportunity for men and women. Equality plans and measures. Legislative developments. The Committee notes with satisfaction that in response to its request to continue adopting proactive measures, in collaboration with the social partners, with a view to increasing the number of enterprises which adopt equality plans, the Government reports the adoption of Royal Decree-Law No. 6/2019 of 1 March on urgent measures to ensure equality of opportunity and treatment for women and men in employment and occupation, amending section 45.2 of Basic Act 3/2007 of 22 March on effective equality for women and men, and making it obligatory for enterprises of more than 50 workers to adopt an equality plan (an obligation previously applicable to enterprises of more than 250 workers), and also requiring the preparation of the plan following prior negotiated analysis and its entry in the registry of equality plans in enterprises. The Government adds that the application of this obligation is gradual and allows enterprises different timeframes according to the size of the payroll. The Committee notes the implementation of these obligations through Royal Decree No. 901/2020 of 13 October regulating equality plans and their registration, and amending Royal Decree No. 713/2010 of 28 May on the registration and deposit of collective labour agreements, which addresses: (1) the procedure for negotiating equality plans, including the establishment of the negotiating commission and the negotiating procedure; (2) the content of the prior negotiated analysis covering selection and recruitment, occupational classification, training, career development, terms and conditions of employment (including a pay audit), co-responsibility in the exercise of personal, family and work life rights, under-representation of women, remuneration and the prevention of sexual and gender-based harassment; (3) the minimum content of the equality plan (qualitative and quantitative objectives, specific means and resources, implementation programme) and the plan’s statistical sheet; and (4) the period of validity, follow-up, evaluation and revision of the plan. In this regard, the Committee notes the CEOE’s observation that an appeal against section 5 of Royal Decree No. 901/2020 has been lodged with the Supreme Court, on the grounds that it imposes undue restrictions on the legal rights of those entitled to negotiate equality plans.

The Committee also notes that the Institute for Women (IMS) has strengthened its free counselling service to assist in the design, execution and implementation of equality plans, offers subsidies for the elaboration and implementation of plans by enterprises that are not obliged to adopt them (that is, since 2019, enterprises with between 30 to 49 workers) and has published information material on the elaboration and registration of equality plans. The Committee also observes that Royal Decree-Law No. 6/2019 amends the Royal Legislative Decree 5/2000, of 4 August approving the consolidated text of the Act on social offences and penalties to include a definition of a serious offender in case of failure by enterprises to comply with their obligations in respect of equality plans and measures. The Government also refers to Act No. 11/2018 of 28 December amending the Commercial Code, the consolidated text of the Corporate Enterprises Act, approved by Royal Legislative Decree No. 1/2010 of 2 July, and Act No. 22/2015 of 20 July, on the auditing of accounts in respect of non-financial information and diversity, which provides that: (1) the enterprise’s non-financial information shall include the measures adopted to promote the principle of equality of opportunity and treatment between women and men, non-discrimination and inclusion of persons with disabilities and universal accessibility; and (2) that the annual corporate governance report shall describe the diversity policy applied in the executive board, at management level and in the specialized commissions established.

The Committee further notes the information provided by the Government on the “Equality in the Enterprise” label, which was awarded to 57 more entities between June 2017 and May 2021, and on the various activities organized by the network of enterprises that have received the label in exchanging and sharing good practices. The Government also emphasizes the adoption in December 2020 of the III Plan for Gender Equality in the General State Administration (AGE) and in its associated or dependent public bodies, which sets out six types of cross-cutting measures: instrumental measures for organizational transformation; awareness-raising, training and skills acquisition; terms and conditions of employment and career development; responsibility-sharing and personal, family and work life reconciliation; prevention of violence against women; intersectionality and special protection situations.

The Committee requests the Government to provide information on the implementation of Royal Decree-Law No. 6/2019 and Act No. 11/2018, including: (i) the number and most common contents of registered equality plans, as well as the number of violations observed and penalties imposed; (ii) the result of the appeal lodged with the Supreme Court against section 5 of Royal Decree No. 901/2020; and (iii) the equality and diversity measures reported in enterprises. The Committee also requests the Government to provide information on the measures adopted under the III Plan for Gender Equality in the General State Administration (AGE) and in associated or dependent public bodies.

In respect of provisions on equal remuneration and personal, family and work life reconciliation, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and on the Workers with Family Responsibilities Convention, 1981 (No. 156).

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Measures to meet family responsibilities during the COVID-19 pandemic. The Committee notes that the Government refers in its report to the adoption of the MECUIDA Plan, in force until May 2021, which provides the right to workers to adapt their working day, and the possibility to reduce hours of work according to care-giving responsibilities towards dependent persons due to circumstances arising from the COVID-19 pandemic.

Articles 3 and 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. The Committee notes the Government’s indication that: (1) the Equal Opportunities Strategic Plan 2014-2016 to reconcile personal, family and work life and share responsibilities, was implemented to 91 per cent; (2) the Strategic Plan for Effective Equality between Women and Men 2021-2025 is under preparation; (3) Under the II Plan for Equality between Women and Men in the General State Administration (AGE) and its public bodies, guidelines have been elaborated on reconciling personal, family and work life in the AGE; and (4) the III Gender Equality Plan in the AGE and connected or dependent public bodies includes the updating of the guidelines for leave and the work-life balance, as well the elaboration of a staff satisfaction survey on the need for a work-life balance. The Committee requests the Government to provide detailed information on the implementation and impact of the III Gender Equality Plan in the AGE and connected or dependent public bodies, and on progress in the adoption and implementation of the Strategic Plan for Effective Equality between Women and Men 2021-2025.

Article 4(b). Hours and form of work. The Committee notes with interest the Government’s indication that Royal Decree-law No. 6/2019 of 1 March, on urgent measures to ensure equality of opportunity and treatment between women and men in employment and occupation, establishes the right to request flexible forms of work to give effect to the right to reconcile family and work life, and that: (1) flexible work concerns working time arrangements as well as the way in which the work is performed, and includes remote work; (2) terms and conditions shall be agreed through collective bargaining or, it its absence, by negotiation between the enterprise and the individual worker, and (3) there shall be the right to return to the previous contracted working time or form of work on completion of the period granted, or when altered circumstances justify it. In this regard, the Committee notes that the CCOO reiterates its previous observations that, regarding legal guardianship provisions in section 37 of the Workers’ Statute should have been amended, as they provide that the reduction of working hours may only be taken by applying the reduction to the working day. Moreover, the CCOO states that by establishing that collective agreements may set the criteria for fixing timetables according to the right to work-life reconciliation and to the enterprise’s organizational and production requirements places that right at the same level as enterprises’ organizational and production requirements. The Committee also notes, with regard to the public sector, that the Government refers to: (1) the Resolution of 28 February 2019 of the Secretary of State for the Public Service, issuing instructions on the working day and hours of work of the personnel of the General State Administration and its public bodies, which establish the possibility for public servants to work a shorter working day from 1 June to 30 September to allow for family and work life reconciliation, and the possibility to accumulate a reserve of overtime hours; and (2) Royal Decree No. 29/2020 of 29 September, on urgent measures for teleworking in the Public Administration and for human resources in the National Health System to counter the COVID-19 health crisis, under which the express authorization of telework is included in the Basic Public Employment Statute.

With regard to part-time work, the Committee also notes the Government’s indication that: (1) Royal Decree-law No. 6/2019 amends section 12(4)(d) of the Workers’ Statute to establish that the rights of workers on part-time work, which are the same as those of workers on full-time work, shall be recognized on a pro rata basis according to hours worked, where appropriate and with regard to their nature, “in all cases guaranteeing the absence of direct or indirect gender discrimination”; (2) according to the “Women in numbers” database, in 2018 women represented 95.2 per cent of persons in part-time work due to care-giving responsibilities (minors, unwell or elderly adults or persons with disabilities). The CCOO also indicates that, according to data from the National Statistical Institute, out of a total of 700,250 men and 1,996,750 women working part-time surveyed, the most commonly cited reason for undertaking part-time work was the inability to find full-time work, followed by providing care for children or unwell or elderly adults or those with disabilities, for women, and other reasons for men. The Committee also observes the Government’s indication that: (1) Royal Decree-law No. 8/2019 of 8 March on urgent measures for social protection and to combat precarious work in the working day, regulates the registry of hours of work and establishes that infringements of rules and legal limits in respect of hours of work, overtime hours and supplementary hours is classified as a serious violation; (2) as regards teleworking, under Basic Act No. 3/2018 of 5 December, on Protection of Personal Data and guarantee of digital rights, digital disconnection is recognized as a right that guarantees respect for the personal privacy of the worker and his or her family. The Committee requests the Government to provide information on: (i) the number of workers in the public and private sectors who have made use of a flexible working-time measure or a specific form of work to reconcile their family and work responsibilities, disaggregated by sex; (ii) application of the right to request flexible forms of work to give effect to the right to reconcile family and work life, provided under Royal Decree-law No. 6/2019, for workers in part-time work; and (iii) whether any working time or overtime violations have been noted in respect of workers with family responsibilities who have made use of flexible forms of work, or who are working part-time, as well as any legal or administrative judgment, the sanctions imposed and remedies granted in such cases.

Leave systems. The Committee notes with interest the Government’s reference to the amendment of section 48.4 of the Workers’ Statute which brings together maternity and paternity leave in a single “leave for the birth and care of a child”, and which grants 16 weeks’ non-transferable paid leave to each parent, the first six weeks to be taken immediately following the birth, without interruption and full-time, and the remaining ten weeks to be taken as decided by the parents, in whole or in stages until the child reaches 12 months of age. The Government also specifies that: (1) a similar scheme is provided for in cases of adoption, guardianship for adoption and fostering; (2) section 37.4 of the Workers’ Statute has been amended to broaden and regulate “leave for the care of the infant” (previously leave “for breastfeeding the child”), establishing that such leave is individual and non-transferable for both parents, adoptive parents, guardians or foster parents, and that, in respect of both parents, the period of leave may be extended until the infant reaches 12 months of age, in place of the nine months provided; and (3) provision has been made for an extension (from 15 to 18 months) of the allotted period of leave if both parents take leave to provide child-care in large families. With regard to the public sector, the Committee observes that section 48(f) of the Basic Public Employment Statute has been amended to: (1) allow for an equal period of leave of 16 weeks’ duration for “parental leave for the biological mother”, and “leave for adoption, for guardianship for adoption or fostering, whether temporary or permanent”, and “leave for the parent other than the biological mother for birth, guardianship for adoption, fostering or adoption”; and (2) extend leave for breastfeeding a child under the age of 12 months to both parents, adoptive parents, guardians or foster parents. The Committee requests the Government to provide information on the application of the new leave systems, including statistics, disaggregated by sex and family responsibilities, on the number of women and men who have taken the leave, its effective duration and the modalities under which it has been taken.

Article 5. Services and benefits for the care of other members of the family. In its previous comments, the Committee requested the Government to provide statistical data on the number of persons benefiting from the system to promote personal autonomy and care for persons in a situation of dependence (SAAD), on the level and cost of the benefits. The Committee notes that, according to the Government, the number of beneficiaries of the SAAD has increased progressively and as at 30 April 2021, stood at a total of 1,141,950 beneficiaries in receipt of a total of 1,453,373 services and benefits. The Government also reports that in 2017 the minimum level of SAAD benefits was updated, including both service provision (promotion of personal autonomy and prevention of situations of dependence, telecare, home-help, day or night centres and residential care), as well as financial benefits (services, personal assistance and care in the family setting). Regarding the financing of these benefits, the Committee observes that the Government has provided statistics relating to their average cost and indicates that the system is financed through contributions from the public administrations (AGE and the Autonomous Communities) and the participation of the beneficiaries. The Committee also notes that the CCOO and the CEOE refer to an agreement of 2021 between the Government and the social partners to reinforce the care system for dependent persons, which provides, among other measures and objectives, for an increase in SAAD financing, and a reduction in the waiting list for handling of requests. The Committee requests the Government to provide information on the impact of the services provided by the SAAD on workers with family responsibilities (such as integration or reintegration in the labour market, increased working hours or return to the forms of work prior to implementation of flexibility measures). The Committee also requests the Government to provide information on any measures adopted in application of the 2021 agreement between the Government and social partners to reinforce the care system for dependent persons, as well as on any other measures adopted or envisaged to facilitate access to SAAD services to as many workers with family responsibilities as possible.

Services and benefits for the care of children. The Committee notes the Government’s indication that in 2020, The Institute for Women (IMs) subsidized the promotion of the implementation and/or development at municipal level of employment plans with a gender perspective to contribute to facilitating care for minors and other groups. The Committee also observes, according to the Government, that the Plan for the Promotion of Rural Women 2015-2018 addressed the need to provide better services in rural areas, to reconcile personal, family and work life and build responsibility-sharing in those areas. The observations of the CCOO also indicate that the provision of a network of social and educational services, including universal access to schooling for children from 0 to three years old would strengthen the promotion of effective gender equality at all levels of society. The Committee requests the Government to provide information on the impact of the measures adopted to facilitate access to care for children under 3 years of age, especially in rural areas, to make the care accessible to as many workers that need it as possible, both in terms of the number of places available and cost.

Article 7. Reintegration into the labour force of men and women workers with family responsibilities. The Committee observes that the Government refers to Act No. 6/2017 of 24 October, on Urgent Reforms for Self-employment, amending the Self-employed Workers’ Statute with regard to the right of self-employed women workers who interrupt their activity as a result of maternity, adoption, guardianship or fostering of a child, to a reduction in the self-employed workers’ contributions for 12 months if they return to work within 2 years from the date of the interruption. The obligation, to obtain access to the reduction in contributions, of employing an interim worker to replace the self-employed worker is removed. The Committee requests the Government to provide information on the number of beneficiaries of the reduction for self-employed women workers. The Committee also requests the Government once again to provide information on the impact of the agreement on the extraordinary programme for employment activation signed by the Government and the workers’ and employers’ organizations on 15 December 2014.

Article 9. Collective bargaining. The Committee notes the Government’s indication regarding the adoption of the IV Single collective agreement for General State Administration workers, which establishes, in its section 6, that “reconciliation of family, personal and work life shall be a basic principle of the human resources policy of the General State Administration” and recognizes that promoting the principle of such reconciliation underlies questions of working time and leave, recruitment and mobility, and training and upgrading of skills. The Committee requests the Government to provide information on the specific issues related to reconciliation of family and work responsibilities regulated by collective bargaining in the public and private sectors, including: (i) statistics on the number of collective agreements concluded; (ii) the sectors and numbers of workers disaggregated by sex covered by the agreements; and (iii) the number and nature of any complaints filed by workers under the provisions of the agreements and the results thereof.

Article 11. Equality plans. In this connection, the Committee refers to its comments formulated in respect of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and notes that the prior negotiated analysis for the elaboration of equality plans must take responsibility-sharing into consideration in the exercise of personal, family and professional rights (including, for example, information on the number of leave periods taken by workers, and their reasons, on the criteria applied and channels used to inform men and women workers of their work-life reconciliation rights, and an analysis of the ways in which enterprise prerogatives particularly affect persons with care-giving responsibilities. The Committee also observes that the equality plans must include information on measures for responsibility-sharing when exercising the right to reconcile personal, family and work life. The Committee requests the Government to provide information on the trends identified in the prior analyses and the types of measures generally adopted in the equality plans to reconcile family and work responsibilities.

General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the observations of the Spanish Confederation of Employers Organizations (CEOE) transmitted with the Government’s report. The Committee also notes the Government’s responses.

Article 4(b) of the Convention. Conditions of employment and social security. The Committee notes that the Government reports the adoption of Royal Decree No. 3/2021 of 2 February adopting measures to reduce the gender gap and other matters in the economic and social security fields, which replaces the “maternity supplement” (considered to be discriminatory by the European Court of Justice decision of 12 December 2019) by the “contributory pension supplement to reduce the gender gap”. The Government reports that the objective is to correct a pension situation that was structurally unjust in the case of women who assumed childcare responsibilities, and also to reduce the pension gender gap to less than 5 per cent. The number of children is taken as the criterion for the supplement, which is available to mothers and to fathers who can show that the assumption of childcare responsibilities at the birth or adoption of a child negatively impacted their regular contributions. The Committee observes the CCOO’s indication that there is a persistent gender gap in the social security system, partly due to the role of women as caregivers in the home and family environment, and that while work-related and social security measures for the protection of workers have contributed to narrowing the gap, more far-reaching measures should be taken to ensure effective equality at all levels of society. The Committee also notes the detailed information provided by the Government on the increased amounts of the childcare allowances for dependent children, for children with disabilities, for children in large or single-parent families, for mothers with disabilities, and for dependent adult children with disabilities, and the revision of the requirements for access to the allowances. The Committee further notes the Government’s indication that the creation of a “minimum subsistence income” benefit has been approved by Royal Decree No. 20/2020 of 29 May. The Government explains that entitlement to this benefit is incompatible with entitlement to the childcare allowances provided for persons with children without disabilities or with a disability of less than 33 per cent, and that the provision of the latter benefit ceased as of June 2020, as it is now covered by the minimum subsistence benefit. The Government also refers, in respect of financial benefits for children suffering from cancer or other serious diseases, to the wider range of diseases covered by this benefit, as well as a more flexible approach to the requirement for continuous review. The Committee takes due note of all the information provided and trusts that the application of the contributory pensions supplement and the minimum subsistence income will have the desired effect in reducing the gender gap. The Committee requests the Government to provide information on any developments in this regard and on the number of persons, disaggregated by sex and family situation, who are in receipt of these benefits.

The Committee is raising other matters in a request made directly to the Government.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and by the Spanish Confederation of Employers’ Organizations (CEOE), included in the Government’s report, and the Government’s replies to them. In particular, the Committee notes the observation of the CCOO indicating an impasse in sectoral collective bargaining. The CCOO indicates that agreements covering more than 800,000 workers in the sector are blocked and progress has been impossible in the negotiation of 39 sectoral collective agreements out of a total of 53 existing agreements (at the national, regional and provincial levels). The Committee requests the Government to provide its comments on this matter.

Article 4 of the Convention. Hours of work. The Committee notes the information provided by the Government concerning the measures taken relating to hours of work during the period covered by its report. The Government refers to Royal Decree-Law 6/2019, which guarantees the exercise of the “right to request adjustments to the duration and distribution of the working day, in terms of the planning of hours of work and the manner of performance, including the performance of work on a remote basis, in order to exercise the right to a work-life balance” (section 34(8) of the Workers’ Statute). Royal Decree-Law 6/2019 also adds to section 12(4) of the Charter the guarantee of the absence of gender discrimination with regard to part-time contracts. It also introduces changes to section 37 of the Statute regarding leave of absence in order to ensure equal rights for men and women with respect to births, adoptions and foster care with a view to adoption or family placement. The Government also refers to Royal Decree-Law 8/2019, which adds a new paragraph 9 to section 34 of the Workers’ Statute , requiring employers to record daily hours of work. The Government adds that section 7(5) of the consolidated text of the Act on offences and penalties relating to the social order was amended to include any failure to record hours of work in the category of serious labour offences. Lastly, the Government refers to Royal Decree-Law 28/2020, which establishes the right of victims of gender violence or terrorism to perform all or part of their work remotely.

The Committee further notes the statistical information provided by the Government on the activity of the Labour and Social Security Inspectorate with regard to hours of work and overtime between 2017 and 2020, including the number of offences detected and the workers affected by them. The Committee recalls that it previously asked the Government to provide detailed, up-to-date information on the manner in which the most recent amendments to the Workers’ Statute affect workers employed in hotels and restaurants. These amendments relate to the enterprise’s ability, in the absence of an agreement, to distribute 10 per cent of working time unevenly throughout the year, and also relate to changes in the rules governing conditions of work for part-time workers. The Committee observes that the Government has not provided any specific information in this regard, and once again asks the Government to supply the requested information.

Article 6 of the Convention. Remuneration. The Committee notes the information provided by the Government on the changes introduced with regard to remuneration. The Government indicates that the inter-occupational minimum wage was fixed for 2019 and 2020 by Royal Decrees 1462/2018 and 231/2020 and that the last Royal Decree was extended pending approval of the Royal Decree fixing the inter-occupational minimum wage for 2021 in the context of social dialogue. The Government also indicates that, through Decree-Law 6/2019, workers’ right to remuneration corresponding to their work has been explicitly established in section 28 of the Workers’ Statute, with a view to equal pay without gender-based discrimination. This aspect is developed in detail through Royal Decree 902/2020 concerning equal pay for men and women. The Government adds that Royal Decree-Law 19/2020, adopting additional measures relating to agriculture, science, the economy, employment, social security and taxation in order to mitigate the effects of COVID-19, includes a specific rule on administrative silence in wage guarantee proceedings as provided for in section 33 of the Workers’ Statute, with a paragraph 11 added to it. It is stipulated that administrative silence shall have a positive effect on any proceedings which have not been resolved within three months.

The Committee notes the statistical information on the activities of the Labour and Social Security Inspectorate with respect to wages, payslips and severance payments in hotels and restaurants between 2017 and 2020, including the number of offences detected and the workers affected by them. In particular, the Committee notes that the number of violations rose sharply between 2017 (168 violations) compared with 2020 (272 violations), with the number of workers affected by these violations doubling between 2017 (1,437 workers) and 2020 (2,995 workers). At the same time, the Committee notes that the sanctions imposed for these violations rose significantly (from €640,051 in 2017 to €923,211.23 in 2020). It also notes the statistical information on the average wage variation agreed in the hotel sector, in enterprise agreements (1.37 per cent) and in agreements at levels higher than the enterprise (0.58 per cent). The Committee requests the Government to continue to provide detailed updated information, including disaggregated statistics on inspection activities in the hotel and restaurant sector, including the number of inspections conducted, the number and type of violations detected and the outcomes. In addition, the Government is requested to provide information on measures taken or envisaged to address the significant increase in the numbers of violations affecting workers in the sector.

Article 8 of the Convention. Application of the Convention. Collective agreements concluded in the sector. The Committee notes the Government’s indications regarding the collective agreements concluded in the sector between 2017 and 2020. The Government refers to the collective agreements at the national and regional levels in the hotel and catering sectors, and provides tables of agreements at the provincial level or higher, and enterprise agreements in activities corresponding to lodging services and food and beverage services. With regard to the National Agreement for the hotel sector (ALEH), the Committee notes the Directorate-General of Labour Resolution of 11 November 2020, registering and publishing the agreements amending and extending ALEH V, with publication in Official Journal No. 307 of 23 November 2020. Under this Resolution, the ALEH Negotiating Board agreed to extend the validity of ALEH V until 31 December 2021 and to include in the text in force agreements reached under the ongoing revision and negotiation procedure, agreed between the representative parties of the state hotel sector.

The Committee requests the Government to continue providing detailed, up-to-date information on the application of the Convention in practice, including sectoral and enterprise collective agreements, extracts from inspection reports, court decisions and data on the number of workers covered by the measures that give effect to the Convention, disaggregated by sex and age, as well as the number and nature of violations reported. Noting the Government’s reference to Royal Decree-Law 28/2020 in the context of improving work-life balance, the Committee requests the Government to provide information on the manner in which work-life balance is ensured for workers in the hotel and restaurant sector, including disaggregated statistical data on the number of such workers making use of Royal Decree-Law 28/2020.

Hotel housekeepers. In its previous comments, the Committee asked the Government to provide information on the application in practice of the Convention with respect to hotel housekeepers, and to provide information in reply to the allegations regarding cases of the sale and purchase of employment as hotel housekeepers. The Committee notes the Government’s indication that in August 2018 the Committee on the Quality of Employment in the Hotel Sector agreed to the setting up of a working group for the preparation at state level of a “Practical guide for occupational risk assessment in the hotel sector”, addressing the ergonomic and psycho-social risks to which workers in the sector are considered to be particularly exposed, with all such risks set against the necessary gender perspective. In September 2019, the National Occupational Safety and Health Institute produced the “Guide for the management and assessment of ergonomic and psycho-social risks in the hotel sector”. The Committee once again requests the Government to provide detailed, up-to-date information on the application of the Convention in practice with respect to hotel housekeepers. In the absence of a response by the Government to its request regarding the allegations of cases of the sale and purchase of employment as hotel housekeepers, the Committee repeats its request. The Committee further requests the Government to provide information on the impact of the COVID-19 crisis on the conditions of work of hotel housekeepers, including their wages and social benefits, and the measures taken to mitigate this impact.

Comments adopted by the CEACR: Spain

Adopted by the CEACR in 2021

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C169 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C172 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Comments adopted by the CEACR: Spain

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Adopted by the CEACR in 2021

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C169 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C172 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)