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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Spain (Ratification: 1984)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2024, in which it reiterates the comments made by the Employer members during the discussion on the application of the Convention held in June 2024 in the Conference Committee on the Application of Standards (Conference Committee). The Committee also notes the Government’s reply to these observations, received on 27 September 2024. It further notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), communicated by the Government in its report.

The Committee also notes the observations of the General Union of Workers (UGT), received on 23 July 2025; and the observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), received on 29 August 2025. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held on matters relating to international labour standards between June 2022 and June 2025. The Government indicates that an annual meeting is held with the social partners on the preparation of the items included on the agenda of the Conference (Article 5(1)(a)), in which they informed of these items, and of matters that are addressed in technical groups and logistical aspects. In this regard, the UGT and the CCOO maintain in their observations that it is necessary to put into practice a genuine process for social dialogue to hear the opinions of the social partners and develop a common position in the Conference. The CCOO also indicates that these preparatory meetings should focus on the technical content of each committee and not on logistical matters. In its reply, the Government indicates that these observations will be taken into account with a view to improving the implementation of the consultation mechanism.

Concerning consultations held prior to the ratification of Conventions (Article 5(1)(c) of the Convention), the Government indicates that the social partners receive the administrative file regarding ratification, on which they can make comments, and that their opinions are included in the files sent to the Cortes Generales. In this regard, the Committee notes with interest the ratification of six Conventions during the period covered by the report: the Home Work Convention, 1996 (No. 177), and the Violence and Harassment Convention, 2019 (No. 190), on 25 May 2022; the Safety and Health in Construction Convention, 1988 (No. 167), and the Safety and Health in Agriculture Convention, 2001 (No. 184), on 11 June 2024; and the Work in Fishing Convention, 2007 (No. 188), and the Domestic Workers Convention, 2011 (No. 189), on 28 February 2023.

Concerning the consultations on reports on ratified Conventions (Article 5(1)(d)), the Committee observes that, since May 2024, a new strengthened information and tripartite consultation mechanism with the social partners on matters relating to the ILO has been implemented, which included the holding of meetings with representative workers’ and employers’ organizations, during which their contributions to the draft reports on ratified Conventions were discussed orally (22 July 2024, and 17 July 2025), and on unratified Conventions and Recommendations (24 April 2025). For their part, the CEOE and the CEPYME maintain that the new mechanism is inadequate and that shortcomings persist, such as the holding of meetings with little dialogue beyond the mere provision of information to the social partners on ILO matters, and insufficient time for the social partners to make their observations, particularly taking into consideration the length of the Conventions submitted for consultation. By way of example, the CEOE and the CEPYME indicate that, in 2024, only one calendar month was allowed for making observations on ten draft reports on ratified Conventions. The CEOE and the CEPYME state that this time limit prevented them from consulting their organizations and advisory bodies with a view to developing a collective position. In this regard, the Government indicates that, given the large number of Conventions ratified by Spain, the process for drafting reports is a significant undertaking and involves a very high number of national organizations and executive bodies, and therefore the documents are sent to the social partners in June. The Government adds that the new consultation mechanism ensures that documents are sent to the social partners with sufficient time for them to analyse them and make observations. The Committee requests the Government to continue to send information on the content, outcome and frequency of the consultations held on matters relating to the standards covered by Article 5(1) of the Convention.

Lastly, the Committee welcomes the holding of tripartite consultations on matters relating to the work of the ILO −which go beyond the strict mandate established in Article 5 of the Convention− in line with Paragraph 6 of the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152). In this regard, the Government indicates that, on 7 March 2025, an informative meeting was held to examine the most relevant items on the agenda of the 353rd Session of the Governing Body (March 2025). For their part, the CEOE and the CEPYME maintain that no specific meetings have been convened to discuss the two additional sessions of the Governing Body held in 2024 (352nd Session) and 2025 (354th Session). In its reply, the Government indicates that, while the new strengthened consultation mechanism provides that meetings may be convened at the request of one of the parties to address any of the matters covered by Article 5 of the Convention and other matters relating to the work of the ILO, the CEOE and the CEPYME have not made any request in this regard. Recalling that Paragraph 6 of Recommendation No. 152 invites the competent authorities to determine, after consultation with the representative organizations, the extent to which these procedures should be used to address other matters of mutual concern, the Committee encourages the Government and the social partners to make full use of the new mechanism to maintain regular dialogue on these matters. The Committee invites the Government to continue to provide information on the outcome and frequency of these consultations.