Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Spain

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1967)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1967)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Spanish Confederation of Employers Organizations (CEOE), the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), the General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions (CCOO), communicated with the Government’s report. The Committee also notes the observations provided by the Workers’ Labour Union (USO), received on 7 November 2024, and the Government’s response in that regard.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment. Race, colour and national extraction. In response to the Committee’s previous comment, the Government indicates that: (1) the Strategic Framework for Citizenship and Integration against Racism and Xenophobia 2023–27 provides an optional guide and includes action lines on training and employment; (2) the assistance service for victims under the Council for the Elimination of Racial and Ethnic Discrimination (CEDRE), which registered 196 incidents of discrimination in employment in 2022, was strengthened, (the Committee also notes that, according to CEDRE’s annual report published on its website, there were 325 incidents in 2023); and (3) victims do not want to report for fear of retaliation or due to the difficulty of producing evidence, with the lack of reporting even lower among migrants in an irregular situation and, in particular, women in the domestic service or caring for older persons. The Committee also notes that: (1) the UGT indicates that, although the Strategic Framework is progress, unlike previous policies, it does not have its own budget; (2) according to the follow-up report to the Strategic Framework (February 2025), foreign nationals have better access to basic vocational training but limited access to the middle and higher university studies, a higher school dropout rate, work predominantly in elementary occupations and services, and tend to have lower average annual earnings; and (3) according to the 2024 study by CEDRE, “The Impact of Racism in Spain”, the situation of various ethnic groups in the labour market has improved, even though discrimination persists and such groups are employed predominantly in lower-skilled sectors.

With regard to the Roma population, the Government also reports the adoption of the Strategy for Equality, Inclusion and Participation of the Roma People 2021–30, under which: (1) there has been an increase in wage earners, as well as persistent school segregation and difficulties for young people in accessing the labour market; (2) the most well-funded strategic objectives in 2022 were those relating to an increase in the employment rate, and the empowerment, participation and activation of Roma women in the labour market; (3) several programmes have been implemented for labour integration of the Roma population, particularly women and young people; and (4) the Operational Plan 2023–26 of the Strategy sets out specific objectives for the rates of economic activity, employment, unemployment, temporary work and wages for the Roma population. The Committee requests the Government to continue to provide information on: (i) the specific measures envisaged or adopted to implement the Strategic Framework with a view to eliminating discrimination on grounds of race and colour in employment and occupation, and the budget allocated to those; (ii) the measures taken to promote equal access to employment and working conditions for persons of different ethnic and racial groups, and the evolution in the participation of these groups in the labour market; (iii) the measures taken to ensure that the filing of complaints or reports of racial discrimination is accessible and not subject to retaliation; and (iv) the implementation and follow-up to the Strategy for Equality, Inclusion and Participation of the Roma People, and the evolution in access to employment of the Roma population.

Sex. Public policies. The Committee notes the Government’s indications that: (1) within the framework of the Third Strategic Plan for Gender Equality 2022–25, the 2024–25 biennium is being programmed based on the follow-up reports, involving all ministries; and (2) the 2024 Annual Plan to Promote Decent Employment includes the Common Programme PC00038 on mainstreaming gender equality in active employment policies, which sets out various actions in this area, out of which the autonomous communities have selected their own. The Committee requests the Government to provide information on the implementation and follow-up to the Third Strategic Plan for Gender Equality2022–25 and the Annual Plan to Promote Decent Employment 2024 with respect to equality in employment and occupation.

Equality plans in enterprises and public administration. With respect to the Committee’s previous request concerning enterprise equality plans, the Government indicates, inter alia, that: (1) in order to be registered, plans must comply with the minimum legal requirements (18,720 plans were registered in April 2024); and (2) subsidies were established in order to train trade unions in the development and monitoring of such plans. The CCOO observes, in this respect, that out of the total number of plans registered, in 2024, 12,973 enterprise equality plans were in force and 59 per cent of enterprises that were required to have an equality plan still did not have one. The CEOE and the CEPYME add that, although the appeal concerning section 5 of Royal Decree No. 901/2020 was overruled by the Supreme Court, the contested legal requirements made it difficult for the trade unions to participate in the negotiation of all the equality plans, making it necessary to register certain plans without being able to agree on them. With regard to the public sector, the Government indicates that: (1) it is finalizing the implementation report on the Third Plan for Gender Equality in the General State Administration; and (2) in 2023, the Register of Equality Plans in the Public Administrations was established (which lists 526 plans and protocols). The Committee notes the observations of the CCOO that: (1) only 5.90 per cent of employees serving in the public administration are covered by the Plan for Gender Equality in the General State Administration; (2) the Register of Equality Plans in the Public Administrations is not in use; and (3) with the exception of the additional seventh provision of the Basic Statutes for Public Employees, which makes the adoption of equality plans in the administration mandatory, there is no specific regulation in this area. The Committee requests the Government to provide information on: (i) the implementation and evaluation of the Third Plan for Gender Equality in the General State Administration; (ii) the operationalization of the Register of Equality Plans in the Public Administrations and the percentage of public employees who are covered by an equality plan; (iii) the measures taken to promote the adoption of enterprise equality plans in those enterprises in which it is mandatory but which have not yet adopted a plan; and (iv) the measures to continue to promote the participation of the workers’ organizations in the negotiation of equality plans.

Access to employment and occupation and occupational segregation. The Government indicates that statistics show little change since 2021 and gender differences by job, with “unskilled workers in services (except transport)” being the category with the most women, and that the participation of women in leadership and management roles saw a slight improvement. The Government refers to various measures to promote self-employment and entrepreneurship among women, as well as the presence of women in leadership and decision-making positions, such as: (1) the Basic Act 2/2024 on equal representation and balanced presence of men and women (which transposes Directive (EU) 2022/2381), which promotes the balanced presence of men and women on the executive boards of listed companies and in certain public interest entities and public sector bodies; and (2) the programmes “More Women, Better Enterprises”, “Women, Talent and Leadership”, “Talentia 360: women leaders”, and the subsidy for leadership in agri-food cooperatives. The CEOE and CEPYME also report on their own initiatives to train young women in leadership and promote the presence of women in STEM careers and leadership positions. The Government also underscores legislative measures of particular importance for women, such as: (1) the adoption of Royal Legislative Decree No. 32/2021 on urgent measures for labour reform, guarantees of employment stability and the transformation of the labour market, which addresses unemployment and temporary work; and (2) the preliminary Bill for the transposition of Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union, which seeks to improve access to full-time, fixed or more stable work. In this regard, the Committee notes the observations of the CCOO, which highlight that: (1) the gap between the economic activity rates of women and men is largely due to care responsibilities; (2) there tend to be more women in sectors with lower average wages and in part-time work (often due to the inability to find full-time work) and temporary work, and more women with lower job retention and seniority, as they interrupt their careers more often; and (3) in order to address the impact of part-time work on unequal labour market integration and women’s lower wages, action must be taken to consider the causation and predictability of this type of work and to consolidate structural (mandatory) overtime. The Committee requests the Government to provide information on any progress made in addressing vertical and horizontal occupational segregation based on gender, with a view to addressing its underlying causes and rectifying them in an appropriate and sustainable manner, particularly with regard to facilitating women’s access to full-time work and permanent employment.

Age of retirement. USO, in its observations, claims that there is gender discrimination against passenger cabin crew, who are predominantly women, through the application of a reduction coefficient for the age of retirement, which is different from pilots, aerial photographers and aerial camera operators, who are subject to the same “hazardous and arduous conditions”. The Committee notes the Government’s reply that: (1) the reduction coefficients for pilots and co-pilots, whether men or women, are in line not only with the concept of hazardous and arduous conditions but also with the fact that, in the long term, such conditions mean that pilots and co-pilots are unable to pass the medical and psychophysical examinations which are not required for passenger cabin crew; (2) other groups, such as aerial photographers and aerial camera operators, work under different conditions; (3) organizations of workers, together with their employers, can request the application of reduction coefficients by means of an administrative process; and (4) a procedure initiated in 2019 by the passenger cabin crews was abandoned for judicial reasons and shelved due to administrative silence, meaning that it is still possible to relaunch the procedure.

National policy on equality of opportunity and treatment irrespective of sexual orientation and gender identity. The Government reports that: (1) the exploratory study on social and labour integration of transgender people (2022) shows an unemployment rate of 46.5 per cent, that 68.2 per cent of transgender people who are employed consider that they have been subjected to discrimination because of their gender identity, and that 38 per cent hide their transgender identity in their jobs; (2) Act No. 4/2023 was adopted to guarantee real and effective equality of transgender people and to guarantee the rights of LGBTI people (regulated by Royal Decree 1026/2024), which provides for measures to improve the employability and social and labour integration of LGBTI groups, and the adoption of specific measures in enterprise equality plans; (3) Act No. 3/2023 on employment identifies LGBTI people as one of the priority groups for employment policy; (4) the LGBTI People’s Participation Council is gathering good practices in the area of inclusion of LGBTI people in enterprises; and (5) in 2024 the Social Dialogue Group adopted the Agreement for equality and non-discrimination of LGBTI people in the working environment. The CCOO adds that this Agreement includes several measures that can be incorporated into collective bargaining (clauses on equality and non-discrimination, measures to eradicate stereotypes in access to employment, a focus on the reality of diverse families, and training plans on LGTBI rights). The Committee requests the Government to provide information on the application of Act No. 4/2023, Act No. 3/2023 and the Agreement of the Social Dialogue Group, indicating, for example, the specific measures adopted in enterprise equality plans, the number of complaints received concerning cases of discrimination against LGBTI people, and examples of measures to counter discrimination against LGBTI people that have been included in collective agreements.

Convention No. 100 – P rinciple of equal remuneration for women and men for work of equal value

Articles 1 to 4. Gender wage gap. The Government indicates that the wage gap was 18.4 per cent in 2021. The UGT and CCOO also refer to 2022 statistics which situate the average gender wage gap between 17 and 19 per cent. The Committee recalls that the underlying causes of the gender remuneration gap are closely related to equality of opportunities and treatment between men and women in employment and occupation, and particularly to questions such as access to employment and occupational segregation. The Committee refers, in this respect, to its comments under Convention No. 111.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Scope of application. The Government emphasizes that public employees’ salaries are assigned in a standardized manner by subgroup, level and specific characteristics of the post, irrespective of the particular person occupying the post and without the possibility of offering different remuneration based on gender. The Committee notes that the UGT and CCOO highlight that the only legal provision applicable to public employees is the additional seventh provision of the Basic Statutes for Public Employees, which does not include any specific measure or instrument to ensure equal pay for public employees (like the pay audits, pay registers and job assessments provided for in the private sector). The CCOO highlights that, according to data from the National Statistics Institute, in 2020, men earned 8.52 per cent more than women in public administrations and that, although the basic salary established by law represents the main component of remuneration, other elements present a greater risk of gender bias, such as productivity bonuses or career increments, overtime or evening work. The Committee requests the Government to indicate whether, in establishing standardized pay and the requirements for wage supplements, the necessary elements are taken into account to ensure equal pay for work of equal value between men and women (for example to ensure that the skills or tasks considered to be traditionally performed by women are not undervalued).

Article 2. Collective bargaining. The Committee notes that the Government reiterates the obligations contained in section 9 of Royal Decree No. 902/2020 and section 14 of Basic Act No. 3/2007, and indicates that the negotiating committees have been asked to revise the texts in question to use inclusive language (for example, to replace trabajador (worker) and empleado (employee), which in Spanish are masculine, with persona trabajadora (literally, working person (worker)), which is neutral). The Committee welcomes this change regarding language. It also notes that the CCOO underscores the need to develop the function of verifying the legality of the collective agreements by the Social Security and Labour Inspectorate (ITSS), as provided for in the ITSS Strategic Plan 2021–23 to cover the collective agreements currently verified by the autonomous labour authorities, which constitute 90 per cent of the agreements in the country. The Committee requests the Government to indicate the measures taken to ensure that, when verifying collective agreements, the competent authorities take due consideration of the requirements of section 9 of Royal Decree No. 902/2020.

Article 2. Pay transparency. The Government indicates that: (1) to meet their obligations regarding pay transparency, enterprises can use the pay records tool developed by the Women’s Institute, which has been downloaded many times; (2) the tool comes with a User’s Guide and a model, and the Women’s Institute has carried out free guidance and advisory activities; and (3) the ITSS statistics do not currently provide disaggregated data on breaches relating to the pay records. The CCOO observes that: (1) there is a failure to comply with the pay record requirements, as only those enterprises that adopt an equality plan meet them; (2) the number of downloads is not indicative of good practice; (3) the CCOO has also developed training materials on pay transparency tools; and (4) it would be helpful to have ITSS data on breaches and non-compliance with pay transparency requirements. The Committee requests the Government to indicate: (i) the measures taken to promote compliance with the pay record requirements by the enterprises concerned; (ii) whether it has considered disaggregating information on labour infringements to identify those relating to pay records; and (iii) any measure taken to compile examples of good practices on the implementation of pay transparency measures.

Article 3. Objective job evaluation. The Government reports that, with regard to the obligation to pay equal remuneration for work of equal value provided for in Royal Decree No. 902/2020: (1) in April 2022, the Women’s Institute published the Job Evaluation Tool, which is voluntary and allows enterprises to evaluate each job in the organization; and (2) in November 2022, Order PCM/1047/2022 of 1 November was adopted, approving and publishing the job evaluation procedure, according to which the evaluation carried out in accordance with the procedure is in line with the formal requirements of the Royal Decree; and (3) between 2022 and 2024 several information sessions on the Job Evaluation Tool were provided. The CCOO indicates that, while the Job Evaluation Tool is voluntary, it tends to be the most widely used even though it is complex and it is challenging to agree on the weighting and value of certain activities. The Committee requests the Government to continue to provide information on the measures taken to promote and facilitate the use of tools for objective job evaluation.

Conventions Nos 100 and 111 – Application in practice

Promotion, training, and awareness-raising. The Committee notes the information provided by the Government on the various training and awareness-raising initiatives on equality in employment carried out since 2021 by the Women’s Institute (including the number of participants disaggregated by sex), the publication of information materials, the promotion activities organized around Equal Pay Day, and training within the General State Administration. The Committee notes this information, which responds to its previous request.

Enforcement. The Government indicates that from 2021 to 2023, the ITSS adopted organizational measures – such as the creation of the National Office against Discrimination, specialized training on gender equality and the appointment of specialized inspectors – and implemented a specific inspection campaign on discriminatory conditions among immigrant workers. In this respect, the Committee takes due note of the statistics provided by the Government on activities and infringements during this period, and welcomes the fact that they are broken down into narrow topics, including “wage discrimination on grounds of sex”, on which the Committee requested information in its previous comments. The Committee notes the observations of the CEOE and CEPYME, which highlight the need to strengthen the ITSS’s task to provide assistance and information prior to its enforcement action, and indicate that it would be helpful to know which infringements have led to penalties. The Committee requests the Government to: (i) provide information on the assistance and guidance activities carried out by the ITSS in this area and any measures taken to strengthen them; and (ii) indicate the number of infringement reports that have been revoked further to an appeal, where such information is available.

In addition, the Committee recalls the comments pending under the Workers with Family Responsibilities Convention, 1981 (No. 156), previously adopted by the Committee, for which the Government will be requested to reply according to the reporting cycle.