Fundamental rights related to social partners

Participants described social dialogue as functioning quite well in Spain. In contrast with the economic and financial crisis of 2008, employers' associations, trade unions and the government concluded agreements which made it possible to preserve jobs during the COVID-19 pandemic. One particular example was the agreement on the increase of the minimum wage.

Participants felt that transparency and the right to information still needed to be improved. The social partners said that the law on transparency was not properly implemented and that certain pieces of public information were not publically disclosed (e.g. expenditure for the purchase of health equipment during the pandemic). Very often, going to court was the only recourse for individuals and organisations wanting to obtain information. However, court proceedings were often lengthy, and the requested piece of information could be communicated years after it was requested, when it was no longer relevant. Therefore, in order to overcome difficulties in accessing information, participants considered that transparency legislation needed to be promoted more efficiently and should be 
accompanied by institutional support for verification and monitoring.

One of the main improvements needed identified by participants concerned Organic Law 4/2015 of 30 March on the protection of citizens' security (also referred to by participants as the "gag law"). They considered that it violated freedom of expression, the right to protest and the right to strike, and that under certain circumstances it criminalised the right to strike and protest and those who defend 
these rights. The law made it possible to penalise demonstrators: participants mentioned cases of trade unionists being fined, prosecuted or sentenced after taking part in protests. Whilst participants considered that the provisions of the law leant towards a criminalisation of certain types of behaviour, the public authorities said that Organic Law 4/2015 did not criminalise any behaviour since it only established administrative sanctions. They also said that a proposal was being discussed by the Parliament regarding potential modifications to the law.

Participants also mentioned other obstacles faced by workers in their daily life. On the one hand, access to social housing was considered to be very difficult. The social partners called for a national consolidated policy on social rents, which would build on the good practices of regional policies in the Basque country and Catalonia.

On the other hand, participants regretted that some workers, particularly young ones, did not earn high enough salaries to cover their needs. They also indicated a strong gender pay gap, with average annual salaries for women being around 16% lower than average salaries for men, particularly in SMEs where trade union presence is weaker and collective bargaining agreements are rare. Moreover, they also pointed out that despite the noticeable extension of paternity and maternity leave, women were still largely responsible for supporting the family. The lack of public services such as crèches also complicated the combination of work and childcare.

Another area of concern was migrant workers' access to health, particularly in the area of hospitality, which participants considered to be lower than for other workers. A July 2018 decree granting universal access to health was however presented as a positive effort in that area.