The employment of women in Spain

COMMISSION OF THE EUROPEAN COMMUNITIES DOCUMENT THE EMPLOYMENT OF WOMEN IN SPAIN COMMISSION OFTHE EUROPEAN COMMUNITIES The employment of women in Spain Report by María Pilar ALCOBENDAS TIRADO Document This document has been prepared for use within the Commission. It does not necessarily represent the Commission's official position. This publication is also available in the following language: FR ISBN 92-825-4170-3 Cataloguing data can be found at the end of this publication Luxembourg: Office for Official Publications of the European Communities, 1984 ISBN 92-825-41 69-X Catalogue number: CE-38-83-734-EN-C Reproduction authorized, in whole or in part, provided the source is acknowledged Printed in Luxembourg CONTENTS Page 1 . Introduction 1 1.1 Subject, sources, analytical method .· 1 1.1.1 Subject 1 1.1.2 Sources 1 1.1.3 Methods and assumptions 3 1.2 Basic data on the country 3 1.2.1 Population 3 1.2.3 Recent political developments and present situation 5 1.2.4 The constitutional framework 6 2. Women's employment 9 2.1 Working population 10 2.2 Activity rate for women 15 2.2.1 Activity rate for married women 18 2.2.2 Activity rate of women with children 19 2.3 Distribution by sector 21 2.4 Distribution by category of employment 27 2.5 Distribution by occupation 30 2.6 Some specific issues 32 2.6.1 Self-employment, the professions. 32 Women in the public service 2.6.2 Agriculture 35 2.6.4 Work in family enterprises 37 2.6.5 Part-Lime work 38 2.6.6 Women and migration 39 2.7 Handicapped women 44 2.8 Absenteeism 45 PaRe 3. Salaries and pay 46 3.1 Average salaries by Lranch of activity 46 3.2 Average salaries by employment category 50 3.3 Other remuneration 55 3.4 Opportunities for access and promotion 56 3.5 Situation of women in the low-paid sectors 57 3.6 Factors influencing real inequality between 58 men's and women's pay 4. Legal situation 62 4.1 Constitutional framework 62 4.2 Civil law 70 4.3 Labour legislation and maternity protection 74 4·4 Equal rights legislation : comparison 80 with Community directives 4.5 Protective legislation. Specific protection 88 4.6 The disparity between rights and realities: 93 factors which explain the gap 4.7 Legal redress in respect of equal treatment 98 IV Page 5. Demographic situation 100 5.1 Age pyramid 100 5.2 Average length of life 107 5.3 Mortality rate 109 5.4 Birth rate and fertility rate 112 5.5 Average age at time of marriage 118 5.6 Divorce rate 120 5.7 Size of families 122 5.8 Trend in one-parent families 126 6. Education and training 127 6.1 Level of education in the population 127 Primary education 6.2 Secondary education 130 6.3 Higher education 131 6.4 Career counselling 135 6.5 Further training and in-service training 135 6.6 Vocational training 137 6.7 Women's under-representation 138 7. Employment offices 139 7.1 Employment offices (private and official) 140 7.2 Analysis of employment offers and applications by sex .... 143 7.3 KlemenLs in Lhe discrimination against women 150 V V*** 8. Social facilities 154 8.1 Home help 154 8.2 Facilities for children 155 8.2.1 Under sixes 155 8.2.2 Over sixes 159 8.3 Services for the elderly, handicapped and 160 seriously ill 8.4 Family planning 165 8.5 Existing facilities and needs 168 9. Women in the unions and their participation 170 in union affairs 9.1 Level of unionization A'l 9.2 Trade union activity and participation in 1'5 collective agreements. Women's place in the union hierarchy 10. Social security and taxation system 182 10.1 Social security affiliation and contributions 182 10.2 Benefits (unemployment and sickness benefits, pensions). Elements of discrimination 10.3 Taxation system 187 11. Women's employment in the light of the 195 recession and changes in the economic system 11.1 Unemployment and its effect on women's employment 195 11.2 Relocation of industry and its effects on 202 Women's employment VI PaBe 12. Societal attitudes and reaction to 207 women's employment 12.1 Prevailing attitude to working women (differentiation ... 207 of men's and women's roles, housework, women's employment) 12.2 Women's attitude to their own employment 210 12.3 Attitudes towards women's promotion at work 212 12.4 Other influences 213 12.4.1 School 213 12.4.2 The family 214 12.4.3 The Church 215 12.4.4 Mass media 216 12.4.5 Political parties 220 13. Future prospects 220 14. Bibliography and useful addresses 223 VII vested in the Spanish people from whom the powers of the state emanate. The form of the Spanish stale is defined as a par 1iamenlnry monarchy. After the new Constitution had come into force, fresh general elections for the Congress and theSenate were held in March 1979. The results were that the "Union de Centro Democratico" (UCD) received the most votes, followed by the "Partido Socialista Obrero Español" (PSOE) the "Partido Comunista de Espana" (PCE) and tha "Alianza Popular" (AP). The members of the Congress and the Senate are elected for a four-year period which means that the present "Cortes" will finish their term in the first part of 1983. On 31 December 1981, the parliaments of the independent Basque, Catalonian and Galician Communities were given their autonomy, in accordance with the recognized and guaranteed rights to self-government for the nationalities and regions composing the Spanish nation. At the same time, the Statutes for Asturias, Cantabria and Andalusia were adopted; the statuLes for Lhe other pre- Self-Governing Communities were being drawn up and discussed. 1.2.4. The constitutional framework As we have explained above, the new Constitution of December 1978 lays down the foundations of the Spanish state and provides the framework for the activities of its citizens and of the various institutions. In 169 articles, grouped under 11 chapters (one of which is a preamble) the fundamental rights and duties of citizens, the sovereign, the "Cortes Generales" and the judiciary are laid down, together with the general principles of economic policy and public finances. Finally regulations for the organization of the territory of the state, the Constitutional Court and the reform of the constitution are included. The principal aspecLs of Lho Spanish ConsLiluLion can be summarized as follows: - the righL of the natiomTities and regions forming Lhe Spanish nation to self-government is recognized and guaranteed; - political parties, workers' unions and employers' associations may be formed and carry out their activities freely; - the age of majority is 18 years; - the equaliLy of all Spanish people before Lhe law is confirmed; - Spanish (Castilian) is Lhe official language of Lhe Spanish state. However, if their statutes so stipulate the various Self-Governing Communities can ¿i Lso recognize other Spanish languages; - the right to freedom of speech, of meeting, and of association is recognized and protected; - the duties of Head of Stale are assumed by the King; - the "Cortes Generales" represent Lhe Spanish people; Lhey consist of the Congress of Deputies and Lhe SenaLe; - the legislative power of Lhe sLaLe is vesLed in Lhe "CorLes Generales", which adopL Lhe budgeL, control Lhe action of the government and assume other responsibilities as laid down in the Constitution; - each Lime LhaL a new Congress of Deputies is voLed in, and in other constitutional cases when it becomes necessary, the King proses a candidate ai head of government; this proposal is he made after consultili¡ons with representatives of the political parties with seats in parliament and through Lhe intermediary ol the President of Lhe Congress; - the government security forces and bodies have the task of ensuring that citizens may freely exercise their rights and freedoms and that their safety is guaranteed; - justice emanates from Lhe people and is administered on behalf of the King by the judges and magistrates belonging to the judiciary, which is independent, irremovable, responsible and subject only to the rule of law. - public initiative in economie activity is recognized as is the freedom of the enterprise in the framework of a market economy; - the autonomy of the municipalities is guaranteed. Their government and administration is incumbent on their respective Town Councils consisting of Mayors and Councillors, elected by the residents of the municipalities by universal suffrage; - the..Constitutional Court is established as the supreme interpreter of the Constitution. In conclusion, we would say that priority has been given in recent years to bringing the law into line with the requirements of the Constitution, although, so far, this has only been partially achieved. 2. WOMEN'S EMPLOYMENT The basic data used in this chapter have been taken from the INE survey on the working population. The survey carries out regular quarterly statistical research using the sampling technique. It gives the number of persons over the age of 16 in each of the categories - working population, non-working population and population counted separately. We shall now elaborate on the exact meaning of these categories that we shall be using throughout the study so that they can be fully understood and appreciated. Working population. The working population includes the people in enployment (employed both in the strict sense of the word, meaning with a principle occupaLion, and employed in marginal ways) and the people who are unemployed (those in search of work because their contract has temporarily or permanently ended and those seeking their first job). Non-working population. The non-working population includes retired people, schoolchildren and students, persons working in the home without pay, persons who, although available for employment,are not looking for it, and the handicapped . Population counted separately. This category is entirely composed of men called to the flag (i.e., doing military service). The diagram below illustrates the various categories covered in the statistical survey of the working population in Spain: Population of 16 years and over ( in (strict sense ( in employment( ,, , . ( (in marginal activités Working population ^ ( unemployed Non-working population Population counted separately 2.1 WORKING POPULATION During the last quarter of 1980, the working population of Spain totalled 12 860 000 persons, with the percentage of women at that time amounting to 29.1%. This figure has remained almost stationary since 1974 and it is considered to be the highest percentage registered, since in 1950, the percentage of women in economic activity was around 15.8%, in 1970, around 20.1% and in 1970, 24.4%. The increase in the number of women in the working population between 1960 and 1974 was more than a million and a half, with a jump of 700 000 for the period 1970-71 alone. The trend in the number of women in the working population has slowed down since 1974, with an actual slight drop in 1980 compared with the previous year. Due to the recession, and dating from 1974, there has been a decrease in the working population as a whole, affecting men as well as women. Although it is of minor effect, another factor we should point out is that since 1980 the school-leaving age has been raised from 14 to 16 years. 10 - 11 - Table 2.1.11 Working population - _ _ by sex ( _ . thousands) Year Total Men % Women 1950 1960 1970 1974 1976 1977 1978 1979 1980 1981* 10 793 11 817 12 492 13 520 13 218 13 248 13 164 13 155 12 860 12 918 9 084 9 437 9 448 9 611 9 390 9 395 9 329 9 301 9 124 9 170 84.2 79.9 75.6 71.1 71.0 71.0 70.8 70.7 70.9 71.0 1 709 2 380 3 044 3 909 3 828 3 853 3 835 3 854 3 736 3 748 15.8 20.1 24.4 28.9 29.0 29.0 29.2 29.3 29.1 29.0 * Provisional EPA data Source : For 1950 and 1960, Government census From 1970, Encuesta de Población activa (EPA) (Survey of working population) For 1970 and 1974, figures are 2nd quarter averages For 1976 and after, they are 4th quarter averages. The part women play in productive labour is not uniform throughout Spain. In 1980, the percentage of women in employment exceeded the national average in Galicia (38.5%), Asturias (32.2%), Catalonia (31.4%), and Cantabria (30.9%), while it was well below the national average in Andalusia (22.7%), Exremadura (22.8%), Castile-La-Mancha (24%) and Aragon (26.0%). By analysing regional economies and policies and their leading social and economic factors, one could ascertain the real causes of the existing disparities, but this does not fall within the scope of this study. However, it is true to say that the same percentage of women and men are engaged in agriculture in Galicia, Asturias and Cantabria, due to the nature and structure of small family farms, which is the complete opposite of the situation we find in Andalusia and Extremadura, 11 Other factors like the ageing of the population, the low level of industrialization and the high unemployment rate may explain why so few women work in the regions where the rate is lower than the national average. Table 2.1.2 Working population as a percentage of the total population in the various regions, .__ . by sex (1980) Region Andalusia Aragon Asturias Balearic Islands Canary Islands Cantabria Castile-La-Mancha Castile-Leo'n Catalonia Extremadura Galicia La Rioja Madrid Murcia Navarra Pais Valenciano País Vasco NATIONAL TOTAL Men 77.3 74.0 67.8 69.8 72.0 69.1 76.0 71.3 68.6 77.2 61.5 71.2 70.6 72.0 72.3 70.1 71.9 70.9 Women 22.7 26.0 32.2 30.2 28.0 30.9 24.0 28.7 31.4 22.8 38.5 28.8 29.4 28.0 27.7 29.9 28.1 29.1 Source EPA, 1980 - 4th quarter 12 The non-working population over the age of 16 numbered 13 221 000 at the end of 1980, which was 300 000 more than the number of persons employed. This non-working population was mainly composed of women (75.5% women and 24.5% men in 1980). The percentage of women has been slowly declining since 1976, when women accounted for 76.5% of the non-working population, reaching its lowest point, of 74.4%, in 1979. Table 2.1.3 Non-working population · by sex ( thousands) Year Total Men % Women 1976 1977 1978 1979 1980 1981* 13 223 13 503 13 904 14 118 13 321 13 520 3 096 3 272 3 497 3 612 3 259 3 340 23.5 24.2 25.2 25.6 24.5 24.8 10 127 10 231 10 407 10.506 10 062 10 179 76.5 75.8 74.8 74.4 75.5 75.2 * Provisional data Source: EPA - 4th quarter average for each year An analysis of the non-working female population shows the preponderance of women who are engaged in the home : 7 449 800 in 1980; in other words, 74% of the non-working female population is composed of women working in the home without pay. Between 1976 and 1980, their number fell by 380 000. This latter figures illustrates a tendency for younger women with a better educational level to be part of the working population (though some of them may still be looking for jobs). 13 10 127 10 231 10 407 10 506 10 062 7 916 7 798 7 695 7 584 7 449 78.1 76.2 74.0 72.0 74.0 - 14 - Table 2.1.4 Np--working Ionia le popul at.ion en^a^cd in household acLiviLies Total non-working Total engaged in % Year female population household activities 1976 1977 1978 1979 1980 Source : EPA, 4th quarter average for each year A significant point is that of the 7 449 000 women engaged in household activities in 1980, 6 219 000 (83.5%) whose ages ranged from 16 to 64, were potential members of the labor rorce. The distribution by age of this group shows that there is a large contingent in the 16 to 39 year range ( the age-group where the number of women in the working population is highest, as indicated in paragraphs 2.2 and 2.2.1) which could be counted as members of the working population,something that could considerably swell the numbers of the unemployed. Table 2.1.5 Uomen engaged in household activities who are potential members of the labor force «„„ „ Total Accumulated total A*e SrOUp ( '000s) ( '000s) 16 - 19 166.1 166.1 20 - 24 320.0 486.1 25 - 29 534.1 1 020.1 30 - 34 712.1 1 732.3 35 - 39 705.9 2 438.2 40 - 44 739.9 3 178.1 45 - 49 840.0 4 018.1 50 - 54 820.9 4 839.0 55 - 59 774.7 5 613.7 60 - 64 605.3 6 219.0 Source : EPA, 4th quarter average, 1980 14 2.2 ACTIVITY RATE FOR WOMEN (OVERALL AND BY AGE) The overall acLivity rate for Spain has been falling steadily since 1970, when it was 50.1%; the figure for 1980 had dropped to 48.5%. If we look at the sexes separately, we see two opposing patterns: the acLiviLy raLe for men has dropped from 79.4% to 71.7% for the period 1970 - 1980, while in the same period, the rate for women has climbed from 23.3% to 27.1% as indicated above. This rate is the ratio of the active population compared with the total potential labor force (in employment plus non working). Table 2.2.1 Activity rate : overall and by sex Overal I 50. 49. 48. ,1 ,7 .5 79.4 73.6 71.7 23.3 27.5 27.1 Year _ Overal I _ Men Women 1970 1976 1980 Source : EPA, 4th quarter for each year. Looking at female activity rate by age group, we see that the period during which the Spanish woman is most likely to be employed is when she is between Lhe ages of 20 and 25 (in 1980, Lhe raLe was 55.9%); Lhe raLe falls wiLh increasing age. BeLween 20 and 24 men and women have similar acLiviLy rates, but wide differences begin to occur after 25. Nine men out of 10 in the age group 25 to 29 are in the active population, but only four women out of 10 in the same age group are employed. Nearly all men in the age groups 30 to 34 and 35 Lo 39 are employed whereas women's activity rate at these ages is reduced to 50%. 15 ro ro Sector Agriculture Men Women Industry Men Women Construction Men Women Services Men Women Unclassified Men Women Total Men Women Source: Ε Ρ (in 3 2 3 2 1 1 4 2 1 12 9 3 Dis- 1970 OOOs) 701 910 791 273 490 783 105 086 19 346 915 431 67 47 20 492 448 044 tributior 0 29.6 30.8 26.0 26.3 26.3 25.7 8.8 11.5 0.6 34.8 30.9 47.0 0.5 0.5 0.7 (100) (100) (100) A 2nd quarter 1970, Tc ι of working (in 2 2 3 2 1 1 5 3 2 13 9 3 197Ê '000s 780 015 765 535 636 899 359 331 28 290 287 003 254 121 133 218 390 828 4th quarter ible 2.3.1 population by 0 for % 21.0 21.5 20.0 26.7 28.1 23.5 10.3 14.1 0.7 40.1 35.0 53.3 1.9 1.3 3.5 (100) (100) (100) 1976 and - sector and by 1980 (in 'OOOs) 2 232 1 638 594 3 333 2 598 735 1 305 1 280 25 5 413 3 330 2 083 578 280 298 12 861 9 126 3 735 I960. sex % 17.4 18.0 15.8 25.9 28.5 19.7 10.1 14.0 0.7 42.1 36.5 55.8 4.5 3.0 8.0 (100) (100) (100) Looking more closely at the branches of activity, it is seen that women's participation is uneven in the various sub-sectors. It is concentrated in: other services (31.%), trade (25.2%), agriculture (18.2%), other manufacturing industries (15.9%), with the remaining 10% being divided betweenvmetal-working industries, finance and insurance, transport, extraction of non-energy minerals, construction and energy and water supply. Table 2.3.2 Working population employed in various sectors, by sex (1980) Men Women Total Agriculture and fisheries 19.1 18.2 18.8 Energy and water supply 1.8 0.2 1.3 Extraction of non-energy minerals 5.3 1.7 4.3 Metal-working industries 10.4 2.5 8.2 Other manufacturing industries 12.4 15.9 13.4 Construction 12.0 0.6 8.7 Trade, restaurants, repairs 16.9 25.2 19.3 Transport and communication 7.4 1.9 5.8 Finance and insurance 3.8 2.5 3.5 Other services 10.9 31.3 16.7 100.0 100.0 100.0 Source: C Ρ A, 4th quarter 1980 23 Comparing the employment of women in the various sectors in Spain and in the EEC countries as a whole, we observe that Spanish women play a bigger role in agriculture and manufacturing industries than other European women, a similar role in trade and other services and are less well represented than other European women in all the other branches and sub-sectors. Table 2.3.3 Female working population employed in various sectors in Spain and in EEC countries as a whole (1979) EEC Spain % % Agriculture, fisheries 6.0 18.4 Energy and water supply 0.6 0.2 Extraction of non-energy minerals and chemical industry 2.9 2.3 Metal-working 7.6 2.6 Other manufacturing industries 13.7 17.7 Construction 1.4 0.8 frade, restaurants, repairs 21.4 24.6 Transport and communications 3.0 1.5 Finance and insurance 6.9 2.5 General administration 7.1 κ Other services 29.2 29.4 100.0 100.0 Source: Spain: EPA, 2nd quarter, INE 1979 EEC: EUROSTAT, Labour Force Sample Survey, 1979. 24 Under the heading of "other manufacturing industries", which accounts for 17.7% of Spanish women's employment, the textile, garments, and leather industries are predominant, with 393 000 women (11.5%) engaged in this sub-sector in 1979. Similarly, under the "Trade, Restaurants and Repairs" heading, trade and repairs account for 652 000 jobs or 19.1% of women's total employment. In the "Other services" sector, the sub-sector "Education, research, culture and health" is a major source of women's employment, since 443 800 women, or 13% of the total number of working women are engaged in it. If we look closely at women's employment (data relating to 1979), we can draw up the following table showing the order in which the various sub-sectors employ women. We also give the percentage of women in the total labour force in each of these sub-sectors, for comparison. 1.Trede and repairs ¿.Agriculture, stock farming 3.Other services 4.Education, research, culture, healtn 5.Textile, garments, 1 Hathar Í-. kc.·:. <:. ¿surent ε , cafés, noteis /.Food, drink tobriccG .Metallurgy, machi Women employed (in 'OOOs) 659.1 626.3 563.2 > 443.8 393.1 189.6 118.0 % 19.1 18.3 16.5 13.0 11.5 5.5 3.4 Total labour force (in 'OOOs) 1 2 1 777.2 224.9 057.7 819.9 635.7 481 .5 423.2 Percentage of women in total labour force 36.7 28.1 53.2 54.1 61.8 39.3 27.8 r.cry, electrical equipment 75.9 2.2 657.1 11.5 3.Finance, insurance ana real property 48.5 1.4 277.2 17.5 contd. 25 Women employed (in 'OOOs) ι 45.0 .cs 41.3 s 38.5 32.8 ·, 1.3 1.2 1.1 1.0 Total labour force 183.7 178.6 122.9 348.0 Percentage of women in total labour force 24.5 23.1 31.3 9.4 10. Chemical industry 11. Rubber and plastics 12. Business services 13. Mining 14. Paper and printing 28.1 0.8 160.1 17.5 15. Wood, cork and furniture 25.7 0.8 268.1 9.5 16. Construction 25.7 0.8 1 130.7 2.2 17. Transport 25.2 0.7 536.0 4.7 18. Communications 24.9 0.7 92.6 26.8 25.7 25.7 25.2 24.9 14.5 4.8 0.8 0.8 0.7 0.7 0.4 0.1 268.1 1 130.7 536.0 92.6 280.1 82.8 19. Transport equipment 14.5 0.4 280.1 5.1 20. Electricity, gas, water 4.8 0.1 82.8 5.8 21. Extraction and preparation of fuels 2.5 0.1 63.9 3.9 22.Fisheries 2.0 0.1 93.5 2.1 2.5 2.0 3 421.4 0.1 0.1 100.0 63.9 93.5 11 896.0 Source/ EPA, 2nd quarter 1979. To summarize, we can confirm that although women's main sources of employment are trade, repairs, agriculture, other services, education, textile industry, restaurants, the sectors which can be regarded as specifically female are the textile, garments and leather industry, education, research, cul turn ond health, other services, since women account for more than 50% of thn work force in all these sectors. Sectors wherewomen account for a third of the work force are: restaurants, trade, agriculture and food. 26 2.4 DISTRIBUTION BY CATEGORY OF EMPLOYMENT The conditions under which women work, their work status, is central to the whole issue of women's employment. Looking at figures for 1980, the distribution of men and women according to their category of employment reveals the inequality existing in Spain in this regard. For example, 4.5% of men were employers, while only 1.19% of women were in this category. Again, for people heading their own businesses (in which there are no employees) or selfemployed, the percentages are men, 19.5%, and women 15.3%. The breakdown by sex of the category of family helpers is more striking still: 3.4% of the male labour force work as family helpers compared to 19.2% of the female labour force. There are considerably more men than women in the category of employee: 58.7% of the male labour force are working with this status, against 49.9% of the female labour force. In the public sector, the percentage is the same for the msle and the female work force, in the employee category. Table 2.4.1 Percentage of rnen a;1^ women in eacn category of employment (1980) Men Women '.'r.cir.yp.rs 4.5 Heads c f businesses noi; employing stc-.-ff r-rd self-employed Í umi i y rielpers .-ir-'1, ■vyees - public sector j'iployees - private sector i, . hei categories unclassified Total Source: EPA, 4th quarter 1980 19.5 3.4 13.6 53.6 0.1 0.3 100.0 (8 039 500) 15.3 19.2 14 49.9 D.3 0.2 100.0 (3 200 300) 27 In the five years from 1976 to 1980, slight changes have taken place with regard to women's category of employment. The most significant of these, after the fact that the number of employed women dropped by 325 000 - something which we shall go into in Point 11 are the following: a slight decrease in the number of women employed as family helpers, the increase in the number of public sector employees and the loss of 300 0D0 jobs in the private sector employee category. Table 2.4.2 Comparison of women's categories of employment for 1976 and 1980 1976 1980 Women employed % Women employed (in 'OOOs) (in 'OOOs) Employers 33.9 1 35.1 1.1 Heads of businesses not 2mn]nying staff and selfemployed Family helpers Employees - public sector Employees - private sector Other categories Unclassified Source: EPA 4th quarters, 1976 and 1980 The kind of category in which women are employed depends on the sector of activity in which they are engaged. Taking the provisional data on the labour force for the 4th quarter of 1981 as our reference. 534.1 722.1 345.6 1 874.D 8.9 8.3 3 526.9 15.1 20.5 9.8 53.1 0.3 0.2 100.0 1 3 489.6 614.2 448.5 595.4 9.6 7.7 200.3 15.3 19.2 14.5 49.4 0.3 0.2 100.0 28 it emerges that for women in the agricultural sector, the majority fall into the categories of family helpers and employers or selfemployed (59.6% and 29.3% respectively) very few of them having the status of employee (10.3%). In the industrial and construction sectors, almost all of them are in the employee category (65.7% and (88.9% respectively). Again in the service sector, the majority come under the employee category (72.2%) with 14.7% working as employers or selfemployed, and 12.6% giving their services as family helpers. Table 2.4.3 Distribution of the labour force in the various sectors by category of employment and by sex Men Women % % Agriculture 100.0 100.0 Employers and self-employed 53.1 29.3 Employees 34.7 10.3 Family helpers 11.2 59.6 Cthers 1.0 0.8 -.--—-r-y- 100.0 100. D Employers and self-employed 8.2 9.2 i::np]oyees 90.5 8b. 7 r.-sr.'i.i;, halpers 1.0 4.7 G¿;-ers 0.3 0.4 3s:vi aas 100.0 100.0 "¡'ipioyers and self-employed 23.2 14.7 ■■.""rip] o y er? s 74.0 72.2 í-'caiTiily helpers 2.4 12.6 ûLhF. rr, 0.4 0.5 Construction 100.0 100.0 Employers and self-employed 18.1 6.4 Employees 80.2 88.9 Family halpcrs 1.2 4.7 Others 0.5 Source: VP/\, nth quarter, 1981 29 2.5 Distribution by occupation The limited nature of women's working activity is further corroborated by another analysis of the distribution of the working population over various occupations. This showed that in 1979, 24.9% of all working women were employed in the service sector, while men in the same category only accounted for 6.9% of the male labour force. The greatest difference between men and women occurred in the category of nonagricultural workers, where 47% of all male workers were occupied compared with a mere 19.7% of all female workers. Trade and retail and administration personnel categories accounted for 15.1% and 13.3% respectively of the female working population, whereas for men in these same two categories of occupation, the figures were 8.1% and 9.1% respectively of the total male working population. For the professions and technical staff, women had a higher percentage employment than men (8% against 5.9%). However, there were virtually nn women at all employed as senior public servants or company managers. 30 Table 2.5.1 Employment of working population by sex and type of occupation (1979) Men % Women % (in OOOs) (in 'OOOs) Professions and technical staff 494.3 5.9 275.0 8.0 Senior public servants and company managers 174.7 2.0 5.6 0.2 Administrative 9.1 452.3 13.3 8.1 515.3 15.1 6.9 847.9 24.9 Agriculture, stockfarming, fisheries 1 659.1 19.8 638.3 18.8 Nor ι-agricultural werkers 3 960.0 47.0 669.7 19.7 Occupation not classified 0.3 -- 0.9 personnel Trade and Employees sector retail - service 758.9 666.2 577.6 EPA, 4th quarter. 1979 8 415.9 100.0 3 405.0 100.0 31 2.6.5 PART-TIME WORK The number of women in the work force who, in the 4th quarter of 1980 were working part-time (i.e., less than 40 hours a week) amounted to 218 700, or 6.8% of the working female population. This, figure is merely an indication, since no specific studies have been carried out on this form of employment. 38 2.6.6 Women and migration The sixties in Spain were characterized by strong immigration and emigration flows of people who left home to find jobs that were not available where they lived. In order to obtain an idea of the number of women who emigrated, and still do to some extent, to other parts of Europe, we shall describe the most significant features of the emigration of women, using as our basis statistics provided by Spain's Emigration Institute. This Institute is the body officially responsible for channelling those wanting to emigrate outside the Spanish frontiers. Between 1962 and 19B0, the number of Spanish people who emigrated to other parts of Europe on a permanent basis was about 1 121 425, and of these, 16% cr 179 952 were women. These figures covered assisted emigration only, i.e., emigration to take UD actual jobs abroad, family cr other persons accompanying the migrant worker not being included. In absolute terms, it was 1963 and 1964 that saw the greatest number of women emigrating. In 19G7, emigration slowed down considerably. In f bacarne 'Stabilized oy 1972. However, from 1974, there was another drop for mon ."md ¡"or women. In each of the years 1978, 1979 and 1980, the rumoer of women emigrating to other European countries did not reach a t neu*anri. Most Spanish women migrants settled in Germany (45.0%), with 29.8% xtiin.e, to Switzerland and 20.0% going to France. The remaining 5.2% were ...'iced among the other European countries. 39 Tubin y.6.6.1 Assisted permanent emigration to other European countries Year 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 Women (A) 13 17 18 15 13 5 13 16 15 14 14 10 4 2 1 1 179 470 451 274 145 765 913 571 326 249 830 220 198 130 092 350 152 991 910 915 952 Total (B) 65 83 102 74 56 25 66 100 97 113 104 96 50 20 12 11 11 13 14 1 121 336 728 146 539 795 911 699 840 657 702 134 088 695 618 124 336 993 019 065 425 % A/B 20.6 20.8 17.9 20.3 24.2 22.8 20.3 16.2 15.6 13.0 13.7 10.6 8.1 10.1 11.1 11.0 8.3 7.0 S.5 16.0 Source: Instituto Español de Emigración: Informe sobre la emigración femenina. Abril 1980 y Emigración española assistida 1980. 40 From 1974 onwards, women who emigrated settled in Switzerland and France, the number going to other countries being negligible. As we have just remarked, less than a thousand women a year are now leaving Spain for other European countries. In 1980, the 915 women who left had the following characteristics: 73.1% were aged between 15 and 29; 57.4% declared that they had no definite occupation and 16% were workers in the service sector; 52% were married women and 46% single. While in recent years there has been a very marked drop in permanent migration to other parts of Europe, the same is not altogether true for temporary migration which takes place exclusively towards France. In 1980, 93 531 Spanish workers left Spain temporarily to do harvesting in France. This number represented a 10% drop over 1979. 71% of this total temporary work force went for grapepicking, with a further 27% of the total number of temporary migrant workers harvesting other crops such as strawberries, beans or apples. For this type of migration we have no breakdown by sex, but we may assume from the kind of work involved, especially grapepicking, and from the family nature of these expeditions that the number of women who migrate temporarily like this is probably '.¡iu same as for men. Since 1974, there has been a continual return to Spain of people w!,.: bad emigrated to trie rest of Europe, giving α negative emigration [»aliare ''or the years 1974 to 1978. 41 Table 2.6.6.2 Assisted emigration, actual departures and returns (Europe) Year 1974 1975 1976 1977 1978 Assisted emigration 50 20 12 11 11 106 695 618 124 336 993 766 Actual departures (in OOOs) 53.2 20.6 12.1 11.3 12.0 Returns (in 'OOOs) 88.0 110.2 73.9 62.5 52.0 Emigration balance (in OOOs) - 34.8 - 89.6 - 61.8 - 51.2 - 40.0 109.2 386.6 -277.4 Source: Spanish Emigration Institute. The estimated number of Spanish women residing elsewhere in Europe as workers or as members of workers' families was 379 168 in 1977. This number represents 38.8% of the total number of Spaniards residing abroad. It can be broken down as follows: Country Total N° of Number of Spanish residents women France 518 485 178 930 Germany 201 400 84 000 Switzerland 99 715 40 000 Belgium 64 873 31 753 United Kingdom 58 120 30 048 Netherlands 26 400 9 398 Italy 8 427 5 039 977 420 379 168 42 Concerning migration flows to non-European countries, the number of women leaving Spain between 1960 and 1980 was 125 884, representing 47.5% of all the emigrants assisted by the Spanish Emigration Institute. The pattern of this type of migration was similar to that for other European countries. In the first three years of the sixties, more than 15 000 women left each year. From 1965, the number started to fall and has continued to do so up to 1980, when thé recorded number of women assisted in emigrating was a mere 798. The main problems for the migrant Spanish woman, where work is concerned, other than the stress and difficulty in trying to adapt to a social and cultural environment other than her own, arise from the fact that these women are poorly qualified and hence have very few chances of bettering .themselves. 43 2.7 HANDICAPPED WOMEN The employment of handicapped persons was recently brought under a Royal Decree, dated 19 June 1981. The Decree aims at encouraging the employment of the physically and mentally handicapped registered as such at the Employment office. Subsidies that may reach 30D thousand pesetas are given for unlimited duration full-time work contracts. Social security contributions are reduced by 70% for each handicapped worker under 45 years of age and by 90% for each one over that age. As very little time has elapsed since these measures were introduced, it is impossible to assess their effect on the employment of the handicapped. 44 2.8 ABSENTEEISM That women have a higher rate of absenteeism than men is a commonly used argument to justify not giving more job contracts to women. The various indicators used when talking of absenteeism often include elements that should not be regarded as absenteeism properly speaking, for example illness, holidays, maternity leave etc. These generally involve a wide sector or sub-sector of activity. We regard absenteeism as a osychosocial phenomenon connected with each individual place of work, though which workers express the frustrations they feel about their employment. The Survey of the Working Population (EPA) attempts to find the reasons why people work less than 40 hours a week; the cause or motive that most nearly corresponds to what we understand by absenteeism is "personal reasons". in 1960, for example, 41.8% of women worked for periods that did not add up ;:.o a 40-hour week, giving "personal reasons" as their explanation. Only 14.3% of men cited "personal reasons" for their absence from work. The currant societal view of women's work as a supplement to the family inccme, coupled with women's very real dissatisfaction with their vorging activity, which arises from their low level of qualifications, are two ar.-pects that should be analysed when interpreting the link between rate of absenteeism ana sex. 45 3. SALARIES AND PAY Research on salaries undertaken periodically in Spain since 1963 ha.s special characteristics which we would like to describe. From 1963 to 1976, the statistics on salaries provided information on average hourly earnings for each branch of activity; for all the branches and for certain other employment categories these figures were broken down by sex. From 1977, this was no longer the case, and the information was combined. Further changes in the method of obtaining statistics were introduced in 1981, and the survey on salaries specifies that no information is available showing earnings broken down by sex since sex discrimination in matters of salaries is illegal. (Article 28 of the Workers' Statute) . Because of this statistical uncertainty, what follows is given only as an indication of trends. We have had, in some cases, to resort to guess-work in trying to assess as far as possible the differences in men's and women's salaries. 3.1 AVERAGE SALARIES BY BRANCH OF ACTIVITY As average rates of pay vary in the different sectors of employment activity, it is possible to calculate a salary differential for each branch. The widest differences in rates of pay in the various sectors were registed during the early seventies and up to the start of the oil crisis. ,.ar: "Metodologia de la Encuesta de Salarios", Madrid 1982, p. 41 46 If the branches where salaries are lownst are toKen as our basic index, (in 1970 and 1973 these were the garment and shoe industries) then we find that the sectors with the highest rates paid 3.22 times as much in 1970 and 3.20 times as much in 1973. Table 3.1.1 Index of average hourly rates of pay by sector of activity, with lowestpaid sector being taken as 1.00 Coal mining Extraction of m«taliic minerais Extraction of nonmetallic minerals Food Textil es Shoes ane garments Wood and cork Pper Printing anci publishing P.ocar ,;cods P''troi.r,jin derivatives ¡b...·, io ;:·-..·tal industry o·...: action ¡ctricity, water, gas .· - ¡o E·...;;;!-L= ana finance companies ..." ouranc:: ,\VFRAGL ür IivOEX 197G 2.5! 2.31 1973 2.79 1. 1, 1, 1. 1 1 ^ *;> 1 1 .69 .32 .26 .no .01 . 49 .61 . 14 .61 1.69 1.13 2.21 1 .23 3.22 2_.?fi 1.50 1.87 1.30 1.28 1_XiO 1.C2 1.73 1 .72 2.18 1.72 Λ Λ '~> i » "τ .·.. 1.85 1.3Ü 2.4 t·: 1 .34 3.2C "> ". O c · «._■ ■ 1.Ù1 ¡976 1.49 1.83 1.31 1.27 -1.02 1_._0p 1.74 1.61 2.02 1.73 1 .46 1.54 ι. 3 6 2.35 1 .22 2.70 2j_°l Ί .59 .orce: ¡Nb, "fncuc-.-.ta de Salarios" (Authcr's presentation) anual aver, ige, i970, 1973, 1975, 47 Given that there should be no salary discrimination on grounds of sex, there is no official information available on the pay differences between men and women. However, for any particular employment category differences in men's and women's salaries still do exist. Throughout 1981, a series of collective agreements on work, both national and between the provinces, were signed and published in the Official Journal. By studying these legal texts we have been able to confirm this unequal treatment of men and women. For example, in the canned and salted fish industry (official Journal 28.4.81) a 2nd class skilled female worker receives a daily wage of 935 pesetas whereas a 2nd class skilled male worker receives 1 032 pesetas. In the collectivement agreement for a national firm in the food sector (OJ, 12.5.81), a female specialists's monthly salary is fixed at 37 314 pesetas, while the post of a specialist (with no mention of sex) is 39 722 pesetas. In the textile industry, where the basis used is the value of various jobs as defined in the Labour Ordinance covering seven industries, certain jobs with a specific gender link in their titles (e.g. seamstress) are maintained, with assessment coefficients lower than for male jobs. In the collective agreement covering the preserved vegetable industry (OJ, 10.8.81), jobs are divided up into nine different categories, one of which is exclusively reserved for women workers under the heading "Women". In this same agreement, a daily salary of 971 pesetas is fixed for women assistants and 1 015 pesetas for men assistants. 54 In other words, we can confirm that real discrimination still exists, because even in some of the agreements themselves, different minimum salaries are mentioned for the same category of employment, depending on whether the employee is male or female. 3.3 OTHER REMUNERATION The Spanish salary system is composed of a number of different elements whose proportion varies according to sector and category of employment. All forms of remuneration are added together for the purposes of compiling salary statistics. It is therefore rather difficult to break down the total pay received into basic salary and other forms of remuneration. The system is generally speaking based on the existence of a minimum wage for all occupations, guaranteed to all workers over 18 years of age (which was 854 pesetas a day at the end of 1981) and reached through collective agreements. In these collective agreements the total salary is made up of basic salary plus supplements or bonuses, the basic salary on average accounting for just over 60% of the take-home pay, this figure being a little higher in agreements concerning the public service than in the private sector, to judge from 302 agreements signed in 1979 that we have examined. There is a vast range of bonuses and supplements, depending on the way work is organized in the various sectors. The most common forms of bonus are: bonuses for signing the agreement, bonus for individual and section productivity, attendance and punctuality bonuses, as well as those linked to the type of work, e.g., work with dangerous substances, night work, etc. 55 Table 3.3.1 Basic salaries and other forms of remuneration as percentages of total pay in agreements signed by enterprises in 1979 Basic salary Supplements Total for all enterprises Total for private enterprises Total for public enterprises 61.47 60.84 62.05 38.53 39.16 37.95 Source: Instituto de Estudios Sociales: "La negociación colectiva y las estadísticas salariales 1979", Madrid 1980. 3.4 OPPORTUNITIES FOR ACCESS AND TRAINING As we shall mention under Point 11.1, on unemployment, 57% of unemployed women in 1980 were looking for their first job. The rate has fallen since 1976 due to the population becoming discouraged in trying to enter the work force for the first time. The constantly increasing number of unemployed (according to the provisional statistics of the INE,the total unemployed exceeded 2 million at the end of 1981) means that, opportunities for Spaniards of either sex to find a job are rare. 56 3.5 SITUATION OF WOMEN IN THE LOW-PAID SECTORS As we pointed out in paragraph 3.1, it is precisely in those sectors where average rates of pay are lower than the national average that the largest number of women are employed and where they represent the greater percentage of the work force. Looking at the statistics produced in the EPA on the women working in each employment sector and at the rates of pay in these sectors, we can see a close correlation between a high percentage of female labour and low salary levels, confirming that women are indeed to be found in the low-paid sectors. Table 3.5.1 Employment sectors where rates of pay are lewer than national average and percentage of women employed in them (lowest-paid sector taken as 1.00)(1979) Pay index % women Total number of women (in 'OOOs) Leather and garments 1.00 Textiles 1.10 Restaurants, cafés, hotels 1.01 Trade and repairs 1.21 Food, drink, tobacco 1.44 61.8 39.3 36.7 27.8 393.1 189, 651, 118, 1 352, ,6 .9 .0 .6 Source: "Encuesta de salarios", annual average, 1979. (Author's presentation) EPA, 2nd quarter, 1979 57 39.5% of all working women (3 421 400 women in all) do so in the five sectors where salary-rates are lower than the national average (1.45). In contrast, there are only 100 800 women (3% of the female working population) employed in the five sectors where rates of pay are highest. Table 3.5.2 Employment sectors where rates of pay are highest and number of women working in them (lowest-paid sector taken as 1.00) (1979) Total number of women (in '000s) Finance and banking 2.24 17.5 48.5 Insurance Energy, electricity, gas 1.96 5.8 4.Í Solid fuel mining 1.84 3.9 2.5 Chemicals 1.80 24.5 45.D 100.8 Source: "Encuesta de salarios", 1979 average, (Author's presentation) EPA, 2nd quarter 1979 3.6 FACTORS INFLUENCING REAL INEQUALITY BETWEEN MEN'S AND WOMEN'S PAY In the preceding paragraphs, attention has been drawn to all the variables contributing to salary differences between men and women. To sum up, below we give some of the features of the real inequality that exists between men's and women's pay: Pay ind 2.24 1.B1 1.96 1.84 1.80 ex % women 17.5 5.8 3.9 24.5 58 (a) women are employed in jobs that are rated as being in the lower categories; (b) even when identical qualifications are required, women receive lower pay than men, with collective agreements upholding this unequal treatment; (c) married women are not paid benefits in respect of their spouses and children; (d) public attitudes are not favourable to women working outside the home; (e) bonuses and premiums that employers are allowed to offer are higher for men than women. 59 Women's salary shown as a percentage of men's according to category of employment and branch of activity (1970 and 1978) 130 120 110 100 90 • 0 70 • 0 SO 40 SO to 10 FOOD læ 1 g 11 il i Γ i κι i 1 ! TEXTILE Ε3 V, V g 0 0 MJ g á Κι SHOES AND GARMENTS (I) (2) (3) (4) (5) (6) 130 120 110 loo •0 • 0 το • 0 so 40 30 20 10 WOOD INDUSTRY ® 41 1 BTß- i (I) (2) (3) (4) (5) (6) (D (2) (3) (4) (5) (6) PAPER INDUSTRY B»-ß 08 1 I 0-0 Ih Kl S (2) (3) (4) (5) (β) (I) (2) (3) (4) (3) (6) PRINTING 1 l·^ O) (2) (3) (4) (5) (6) CD Assistants Q 1970 (21 Foremen g£ 1978 (3) Skil lod worker (2nd and 3rd class) (4) Sk i 1 1 eil worker (5) l'nsk i 1 1 od worker (S) Α ρ ρ ren t i c: e 61 4. LEGAL SITUATION 4.1 CONSTITUTIONAL FRAMEWORK 4.1.1 THE 1978 SPANISH CONSTITUTION The Spanish Constitution, adopted by the Spanish Parliament (Cortes) on 31 .October 1978 and by national referendum on 6 December of the same year, establishes the principle of equality of all Spanish citizens before the law, in its Article 14, which reads as follows: "Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other condition or personal or social circumstance." Here the universal phrase recognizing that men and women are equal before the law is coupled with the specific fact of being Spanish; the allusion to sexual discrimination is toned down by listing all the other grounds on which discrimination is unconstitutional. A new phrase "or any other condition or personal or social circumstance" is added to the common list of race, sex, religion and opinion. This very general formula , which covers a number of interpretations, was introduced when the Constitution was adopted so that, at a later date, it would be possible to eliminate certain forms of discrimination (e.g., indirect discrimination because of marital status) against women which were still in existence in Spanish law at the time. For example, at the time, a married woman could not exercise authority over her children or manage the couple's assets. In Article 9, in addition to recognizing the principle of equality, the Spanish Constitution recognizes the principle of liberty and makes it incumbent upon public authorities: "to promote conditions which allow for the liberty and equality of the individual and of the groups to which he belongs to be real and effective, to remove the obstacles which prevent or hinder their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life". 62 This is a step towurds admitting constitutionally that a mere declaration of the existence of rights is of little value unless there is subsequent application in daily life. This is an important subtlety which is part of public awareness nowadays in relation to the application of human rights. When analyzing the word "individual", we have to understand that all of us, men and women, are "individuals". As far as women are concerned, Article 9 is considered very significant because the simple recognition of women's rights, given their present position, is not going to achieve much. In order for the recognition to be translated into fact, action needs to be taken by the public authorities. As we cannot reproduce the whole of the Spanish Constitution here it suffices to point out that both the recognition of rights and the obligations listed refer to "Spaniards" or "citizens", thus applying equally to men and women according to the general principle framed in Article 14, that is to say, with no discrimination whatsoever. It is useful nonetheless to look more closely at some specific constitutional provisions which show progress over the earlier Spanish legislation. - Majority Article 12 of the Constitution states: "Spaniards are legally of age at the age of eighteen." There is a general trend in all countries to lower the age at which the legal personality and capacity of the individual is recognized. The reasons for this are complex but have to do with the social and cultural progress of our time and with the type of education most young people now receive. As a result, young people are considered to mature earlier. 63 4.2 CIVIL LAW 4.2.1 PRIVATE LEGAL STATUS We now come to the fundamental rights of the person, included by the UN in the paragraphs on private legal status. These are very important since they entail recognition of the legal personality, 'that is to say that an individual has full rights and duties and can act on his or her own account. The whole of this issue has always been connected with how women are perceived as human beings. Prevailing views have generally been of two types: firstly, that the woman was seen by her nature as not being capable of doing certain things, a view that culminated in a series of restrictions curbing her possibilities of independent action in a number of areas; and secondly, that the woman's possibilities had to be subordinated to her status as someone's wife, i.e., her role in the family. Both these points of view are contrary to international declarations of rights which stress the fundamental principle of equality between all individuals without distinction. They are also contrary to the principles established by the 1978 Spanish Constitution (sec Articles 14, 12 and 32(1) ). It is true to say that today, in principle, there is no discrimination in Spanish private law on grounds of sex or marital status, either in civil or in commercial law. It is nonetheless a fact that both types of discrimination mentioned above were still in existence until very recent times. For this reason we need to refer to the laws under which they were eliminated. - Sex discrimination This was abolished with the passing of the Law of 24 April 1958 which removed the restrictions on a single woman's capacity to act on her own, the only exception being Article 321, on the age of majority. This too was later corrected with the Law of 22 July 1972. 70 Another seventeen years were needed before the reforms were introduced to remove: - Discrimination because of marital status. Law 14 of 2 May 1975 partially eliminated it, when it recast certain articles in the Civil and Commercial Codes dealing with the legal status of a married woman and the rights and duties of marriage partners. Three fundamental principles were enshrined in the new law: (a) marriage does not change the nationality of the marriage partners; (b) marriage does not restrict either partner's capacity to act; (c) marriage agreements may be signed before or after marriage. As a result, marital permission no longer exists as a concept in the Spanish legal system. Previous to the law, a woman had to obtain her husband's permission before she could undertake any action in civil law: for example, witnessing a will, obtaining a driving licence, managing her own property, opening a bank account, becoming a guardian, defending herself at a trial. The new law, moreover, made it possible for a wife to keep her own nationality, instead of being forced to take her husband's. Where commercial law is concerned (Articles 6 - 12 of the Commercial Code), she can now have her own business without the need for her husband's authorization. Under both civil and labour law (Article 10(2) of the Labour Relations Law), it is possible for a woman, whatever her marital status, to sign any kind of employment contract, and to exercise her rights as men do, including the right to receive her pay. The Law of 2 May 1975 has been called, with reason, the law on the coming of age of married women ; women are no longer subjected to their husbands' authority in the way that children are subject to their parents'. 71 A woman is recognized as having her own legal identity and the capacity of acting alone in any matters concerning her, regardless of her "status". Law 14 of 2 May 1975 did however continue to place men in a superior position as far as family affairs were concerned. The husband was the sole manager of the couple's assets (those arising from the salaries and work of both partners, if the wife was employed); he and he alone had parental authority over the children. After the 1978 Spanish Constitution came into force, a law was passed in an endeavour to bring civil law into line with the Constitution, Article 14 of which, it will be recalled, requires the elimination of discrimination on account of sex "or any other condition or personal or social circumstance". Law 11 of 13 May 1981 recast the parts of the Civil Code dealLng with filiation, parental authority and the management of the couple's assets, establishing the following new provisions: - Parental authority "Children below the age of majority are under the paternal authority of the father and mother" (Article 154 of the Civil Code). "Paternal authority will be exercised jointly by both parents" (Article 156 of the Civil Code). This gives Spanish married women parental authority over the children of their marriage, whereas previously, they had only been able to obtain this in the case of the husband's desertion. Thus another discrimination against married women in Spain has been removed. - System of managing a couple's assets As far as managing a couple's assets is concerned, under the law we are examining, the husband is no longer the sole administrator of the joint assets, and several different systems for managing them have been provided for. A couple can now choose one of the following systems: 72 Joint Administration. This is self-explanatory. :The marriage partners hold joint responsibility for administering their affairs. Individual Administration. Each partner looks after and manages her or his own assets and the incoming deriving from them. Each makes a proportional contribution to the household expenses. Participatory Administration. This follows the German model. The reform bears on Articles 1.315 and 1.444 of the Civil Code. In conclusion, we can say that Law 14 of 2 May 1975 which recognizes a married woman's own legal personality and her capacity to act on her own and Law 11 of 13 May 1981 which is a follow-up applying the general principle of "equality of marriage partners" in the family by giving a married woman parental authority over her children and a role in the running of the family affairs, under a system freely chosen by both partners, are two of the fundamental pieces of legislation bringing to an end the discrimination against married women in Spain, by conferring on them their full rights as individuals. Private law has been amended to conform with the stipulations of the Spanish Constitution (Article 32(1) ), that: "Men and women are entitled to enter into marriage on a basis of full legal equality". 73 4.3 LABOUR LEGISLATION AND MATERNITY PROTECTION 4.3.1 LABOUR LEGISLATION A. Sources of Labour Law When looking at Labour Law we must keep in mind that there are several sets of regulations, all important for determining work relations, existing in parallel. We therefore need to distinguish between: - Basic regulations of the Spanish system that have now been incorporated into a Workers' Statute, which came into force on 14 May 1980, pursuant to the mandate contained in Article 35(2) of the Spanish Constitution. - Labour regulations and ordinances which relate to particular areas of work or sectors. According to the Workers' Statute, the rules and regulations on work which are currently in force will continue to govern the situation until they are replaced by collective agreements (transitional provision). These rules are subject to normal restrictions as to their scope, that is to say that they cannot govern working conditions other than those established in the law (Article 3). In addition, when working conditions are being drawn up, it is agreed that the parties concerned are independent, in the work place. Working conditions are established in collective agreements. Chapter III of the Workers' Statute (Article 85(1) ) stipulates that the working conditions are to be laid down by means of collective agreements, in compliance with the laws in the matter. B. Principle of non-discrimination in matters of employment In the same way as the Constitution recognizes the rights of all Spaniards, the Workers' Statute recognizes the rights of all workers. In its Article 4, it states that: 74 1. "Workers have basic rights the contents and or optoí whi-l. i,.w<- been determined by agreements and ordinances etc." 4.1.a Right to work 4.1.b Right to free choice of trade or profession 2. In working relations, workers are entitled to: 4.2.a Actual occupations 4.2.b Promotion and vocational training at work These positive statements of the recognized rights of all workers are strengthened still further in the law which goes on to say: 4.2.c Not to be discriminated against when being selected or after selection, on account of sex, marital status, age (within the limits prescribed by the law), race etc. ... - Legal age for commencement of employment Article 6 of the Workers' Statute lays down 16 as the age when both men and women may commence employment. - Capacity to sign a contract According to Article 7, all those who enjoy the full capacity to act on their own behalf as provided for in the Civil Code may contract their services. As there is no discrimination left in the Civil Code today, there is therefore no restriction because of sex or marital status where the capacity to sign a contract is concerned. B. 1 Non-discrimination in labour relations When we take into account what has been said in Section 4.3. A above, on the sources of Labour Law, Article 17 of the Workers' Statute becomes particularly important. It is here that explicit reference is 75 made to lack of discrimination in matters connected with labour relations. It states that all rules and conditions, clauses in collective agreements, individual contracts and unilateral decisions on the part of employers shall be null and void if they contain negative discrimination on the grounds of age or positive or negative discrimination in employment or in matters of salary, working hours, or any other condition of work, on account of sex, place of origin, marital status, race or class. This section of the Workers' Statute represents an advance over the law's earlier provisions (see page 67, recognition of workers' rights in the Constitution, where reference is made to the date on which, for the first time, sex discrimination was made illegal in Spain); the difference is that the earlier legislation was framed from the negative view point (It is forbidden... etc.), whereas the above provisions change the emphasis by expressly declaring that the rules, clauses of collective agreements and even individual contracts in an enterprise (a precise reference to a worker's contract) are null and void if they are discriminatory in matters of employment, job conditions, salary, length of working day and so on. B.2 Non-discrimination in advancement Article 24(1) of the Workers' Statute contains specific provisions in connection with advancement. For advancement within the job category, workers' training, productivity and seniority must be taken into account along with the employers' organizational possibilities. But the law adds a clear and specific reminder on possible discriminations in the matter, the 76 contents of which are very important because of their innovatory nature. Article 24(2) says that the job categories and criteria used for advancement in the enterprise must be based on rules that are applicable to both sexes alike. To conclude, the basic law relating to workers and employment regulations both make it illegal to discriminate against working women, in matters of job selection, work, earnings and advancement. C. The principle of equal pay for male and female workers Although Article 17 in the Workers' Statute mentioned above explicitly refers to pay, it seems as though the reference was judged inadequate, in face of the common discrimination encountered by women in practice where pay is concerned. This appears difficult to eradicate, so Article 28 of the Statute makes the matter clear and provides an unequivocal statement of the position for the Courts. Article 28 occurs in Section IV, on salaries and salary guarantees and it stipulates that the employer is obliged to pay the same salary for equal work performed, not only as regards basic rates of pay but also for other elements included in the pay packet, without discrimination based on sex. It is quite clear that the precise wording is intended to make the issue as clear as possible: the text is referring to the duties of employers and further specifies that equal treatment extends not only to basic salary but also to other pay elements. So clear is the wording of Article 26 that it can only be interpreted by the Courts in one way. 77 4.3.2 MATERNITY PROTECTION A. Pre- and post-maternity leave In Article 45 of the legislation in force, provision is made for suspending a worker's contract for reasons of maternity, with a guarantee that her job will be held open for her. Article 48(4) specifies that the length of this maternity leave is fourteen weeks, taken before or after the baby is born in whatever way the woman wants. B. Voluntary leave to take care of children The law covers parental leave to take care of children and the text stipulates that either the mother or the father is eligible to take such leave. In Article 46(3), it is stated that workers are entitled to take leave, in order to look after their children, for a period not exceeding three years from the birth Qf each child, successive births cancelling any unexpired part of the leave but giving the right to a further three-year period. Where both mother and father work, only one of them is entitled to this leave. Article 46(5) stipluates that a worker who has taken parentalleave is only entitled to preference for re-employment inexisting vacant posts of the same or similar category to the one occupied before, in the enterprise. C. Time off for baby feeding Article 37(4) of the Statute makes provision for the working woman to have an hour off a day to feed her baby during the first nine months of the baby's life. This period of an hour can be split up into two parts. Or, if the woman prefers, she can choose to go home from work halfan-hour earlier each day for the same purpose. 78 D. Shorter working day Article 37(5) of the Workers' Statute makes provision for a shorter working day for workers who are parents or guardians of a child under six or a physically or mentally handicapped person who is not earning anything. This results in a proportional reduction in salary. Such a reduction in the working day may be no less than a third and no more than a half of the normal working day. This article introduces something entirely new into our legislation. Like the previous article on three years' parental leave, it covers either partner if both of them are working. The law is beginning to regard maternity as a social function that does not solely concern women, relating it instead to the parental rights of both the father and the mother. These two measures providing concessions for fathers as well as for mothers were introduced in Spain in the Labour Relations law of 8 April 1976. E. System for staggered holidays Where an employer operates a scheme of staggered holidays, workers with family responsibilities are given priority when choosing dates that fit in with school holidays (Article 38(c) ). It should be noted that the law refers to "workers", meaning that both fathers and mothers can take advantage of this provision. The rule in other words reflects the same kind of thinking we saw when looking at the two previous rules: a move away from giving certain rights to women because of their role as mothers and an extension of these rights to both parents. 79 have the right to employment and the duty to work". The Workers' Statute also provides for this form of equality by giving both parents rights which formerly were open only to women: right to take leave to look after children. Article 46.3; reduced working hours to look after children. Article 37.5; system of staggered holidays. Article 38; right of both partners to work in the same place. Article 40. Action 8, corresponding to Action 9 and Action 12 Turning to positive action, the following points should be noted: Article 9 of the Constitution assigns to the authorities the task of promoting the conditions required to bring about the real freedom and equality of individuals or the groups to which they belong. The authorities are also required to eliminate the obstacles which prevent or hinder the participation of all citizens in the country's political, economical, social or cultural life. Elsewhere in this report, when commenting on Employment Legislation, it has been noted that the deadline has not yet expired for amending certain sections such as the one on work in the home. In paragraph 4.6, mention has been made of the practical difficulties to be overcome before de facto discrimination can be eliminated. We must stress that the law has only recently been changed and a running-in period will in any case be necessary. The Directorate General on Women's Affairs in the Ministry of Culture has the job of seeing that the necessary policy is formulated, in order that women achieve complete equality. This department gives grants to feminist associations so that they can help women to change their own attitudes and thus encourage and increase their chances of equality. The Employment Ministry has a special committee on women's employment which has encouraged legal reform and given support to the 86 views of working women. However, the two sides of industry have only held one meeting to study the question of part-time work for women since Spain's return to democracy. Actions 10 to 16 In recent years, there have been no specific actions, apart from changes in the law, to improve the lot of women in general and working women in particular. What is more, attention has been focussed on the positive aspects and the fact that while there was a great deal of enthusiasm for feminism in the first half of the seventies, today, we seem to be passing through a bad period. Perhaps the answer is that so many legal reforms were introduced so quickly that we are now in a period of reflection and assimilation. There is no doubt that we do not have any specific programme for improving the situation of working women where the legislation in itself is proving inadequate. In this connection, we should mention that today - 3 May 1982 - as we write, a bill is coming before Parliament with the precise aim of co-ordinating all the activities that could remove the de facto discrimination from which women are still suffering. The bill has been presented by the Catalan minority. We have not been able to study it as the relevant opinion has not been attached to it, given that it has only just been submitted to the Congress. 87 4.5 PROTECTIVE LEGISLATION: PROHIBITED EMPLOYMENT, NIGHT WORK, ETC. : SPECIFIC PROTECTION A. General comments The long and complicated process of changing the Spanish law has been characterized by two sorts of measure: removing discrimination against women where it existed, step by step, and taking away certain of their privileges as their new rights were acquired (other than those relating to maternity, child-birth, post-maternity and child-feeding). As we have pointed out in paragraph 4.3.11, and as we shall see below when we analyse the legislation, in all other cases, there has been a general move towards: (a) giving women the opportunity of entering any form of employment without discrimination or protective measures; (b) extending to both marriage partners some of the benefits that were previously judged to be the sole prerogative of women, with the result that specific protection has disappeared. B. Hazardous, unhealthy or arduous work In Spain, work in these categories came under the regulations laid down by the Decree of 26 July 1957 on work prohibited to minors and women. On various occasions, demands have been made to revise these articles so as to take into account changes in the technical nature of work and to reflect the legislation introduced elsewhere on women's rights. Notwithstanding, Law 16 of 8 April 1976 on Labour Relations preserves the concept in its Article 10.3 and specifies that women may be prohibited from performing certain work that is arduous, unhealthy or connected with harmful substances, under regulations to be laid down by decree. But the regulations have not in fact been revised and there has been no new decree. In other words, the old situation prevails and nothing has changed. 88 The Workers' Statute, however, derogates entirely from the law on Labour Relations. It is through the former that once and for all in Spain the sexual division of labour - in other words, discrimination against women in employment - has been abolished. It is only for minors, whether male or female, that prohibitions remain in force, as we shall see when we look at night work. C. Night work It used to be forbidden for women to work at night, under protective employment legislation. The situation varied according to the needs of the job; but there were a number of occupations which would have been closed to women because of their working hours - radio, television, some of the public services, for example - had it not been for a number of exceptions that were admitted. In the event, very little of the law remained due to the number of these derogations and it was clear that these regulations needed to be abolished. As was done in the case of hazardous, unhealthy or arduous work, the prohibition on night work now only extends to minors of both sex. This time, however, the changes were introduced in the law on Labour Relations, in line exactly with the contents of the Workers' Statute. Article 6.2 states that workers under 18 years of age cannot engage in night work, activities or jobs that the Government, on a proposal by the Employment Ministry, and after consultations with the most representative of the unions, decides are unhealthy, arduous, harmful and dangerous, from the point of view of either their health or their training and personal development. Article 6.3 makes it illegal for under-18s to do overtime. 89 These articles, then, cover three aspects: night work, unhealthy, arduous, harmful or dangerous work, and overtime. It should also be noted that it is minors and not women who are mentioned. The measure is based on considerations not only of health but of training and personal development. In other words, a general law which prevented women from engaging in night work has been removed from the Spanish statute book and replaced by a law which authorizes it. The prohibition on night work now only extends to men and women who are under 16 years of age. D. The preferential right of spouses to be employed in the same place of work Article 40 of the Workers' Statute states that if one spouse is transferred with the result that he/she must change his/her place of abode, the other spouse will be entitled to a transfer to the same enterprise provided that a vacant post exists there. In the former Spanish law - Article 3 of the 1970 Decree implementing the law on political, professional and occupational rights - working women whose husbands were transferred were entitled to follow their husbands to the new place of work and in order to do so were given preferential treatment in finding work there in the same or a similar category. As we have pointed out above in Paragraph 4.3.11, there has been a trend towards bringing working women's rights in line with men's, which has meant in cases like this, the loss of certain privileges, consistent with the proclamation of the equality of couples. Thus, in Article 40 which we have just mentioned, both men and women working for an employer now have equal rights to a transfer, following the initial transfer of the other partner. In the earlier legislation, the transfer could be made to any enterprise provided that it had an office in the couple's new location 90 but today under the new law, the right is limited to couples working in the same enterprise. With this new provision, another clause giving women specific protection or benefits has disappeared. E. Employment sectors not falling within the legislation The 2nd Supplementary Provision of the Workers' Statute states that: "Within a period of 18 months, the Government shall pass regulations to govern the system applying to labour relations of a special nature as enumerated in Article 2 of this law". Article 2 defines the following forms of occupation, among others, as comprising labour relations of a special nature: domestic service, sportsmen and sportswomen, artists. The period for introducing these regulations as provided for in the Workers' Statute has not yet expired as we write, but will do so in June 1982. The employment of these three categories - domestic workers, sportsmen and sportswomen, and artists is not therefore at present governed by any regulations. This is particularly serious in the case of domestic service, which unlike the other two categories, was not formerly covered by any other form of employment regulations. Women working in agriculture Agricultural work is governed by an ordinance dated 2 October 1969 (OTC). Since the legislation refers exclusively to work done for others, it does not cover either charitable and voluntary unpaid workers or those who organize their own work and enjoy its rewards. People in the same family - spouse, children, close relatives, adopted children - working with the worker and living with him/her under his/her roof are considered as 91 organizing "their own work" in the meaning of the above. According to the EPA, it would appear that seventy out of every hundred women working in agriculture do so as "family helpers". Only 20% of men in agriculture are in this position. Thus the Ordinance on agricultural work mentioned above, since it does not mention women who work as family helpers,fails to cover 70% of all female agricultural workers. One of the features of this type of work is the absence of a salary. It is time for this fact to be taken into account since women normally have a double occupation, combining their work in the home with agricultural work like harvesting, grape-picking, looking after the kitchen garden and animals. Despite this double work-load, the woman in agriculture is classified as "dependent". 92 4.6 THE DISPARITY BETWEEN RIGHTS AND REALITIES : FACTORS WHICH EXPLAIN THIS GAP A. General comments This report is being tackled in two fundamental ways. Firstly, we are making an objective analysis of the actual situation, based on precise statistical information. Secondly we look at how things "ought to be", in other words, whether the legal position of women under Spanish law is actually such as to put them on an equal footing with men, that is citizens with the same rights and duties in the civil, commercial, employment, social security and tax domains (other than being granted special treatment or the ground of maternity, which is a social function women alone perform)· We deduce from our statistical analysis that women's rate of employment as a percentage of total employment is not, and never has been, very high. This is despite the fact that the principle of equal pay for equal work was promulgated for the first time as long ago as 1961. There are many and varied reasons why women account for such a small percentage of the working population. We shall confine ourselves to mentioning the most outstanding: (1) Until the start of the seventies, Spanish men preferred to have several different jobs themselves rather than see their wives go out to work. (2) There is still in fact, unequal treatment as regards pay, whether or not this can be pin-pointed in employment regulations. As the rules list all jobs as though they were performed by men, it is impossible to know whether it is men or women who actually carry them out. Hence we are unable tc find out in which sectors or branches job or salary discrimination actually exists. 93 (3) A third reason which we must take into account is that the guarantee of women's rights - free access to paid work with no discrimination in matters of employment conditions, promotion or pay - was only incorporated into ordinances and collective agreements once the 14 March 1980 .Workers' Statute '~iac' come into force. This text declared explicitly for the first time that clauses discriminating against women in collective agreements, regulations, individual contracts and provisions made by heads of enterprises, were invalid. We therefore had to wait twenty years - from 1961 to 1980 - to see declarations recognizing that women had equal rights turned into positive steps stating that discriminatory provisions were invalid or that clauses discriminating against women were illegal. (4) Neither was the climate such as to encourage married women to seek employment. For example, a husband's authorization was still needed up until 1975. In addition, it was men only who were responsible for supporting the family, another factor mitigating against married women working for others. (Until the Labour Relations Act of 1978), there was also the provision that immediately a woman married she was compulsorily released and paid a marriage gratuity. Moreover there are very few social amenities to assist working women: the first regulations providing daycare for workers' children date from 1972. In other words, the climate and ideology, the facilities and the legislation, all act as disincentives to the employment of women, particularly of those who are married. (5) Changes in attitude began to appear at the beginning of the seventies, at the same period as the changes in the law were being introduced. However, let us consider the most recent reforms. Here, 1975 is the key date. Law N° 14 of 2 May 1975 accorded married women the capacity to take legal action; but it was not until Law N° 11 of 13 May 1981 that women's equality 94 in the home was recognized. We should also mention again that the Spanish Constitution was laid down in 1978 and Employment Legislation in 1980. This very recent legislation will obviously take a little time to be run in and, for women to become aware of their newly acquired rights, to defend them and demand them. Once the new freedom was initiated, feminist organizations started to spring up. But the present economic and employment crisis is affecting women's employment, since they are the more vulnerable. (6) The unequal treatment still being suffered by women in matters of social security and taxation is further proof that there is still not any general awareness that will hasten full recognition of equality, and that it is difficult to overcome traditional attitudes about women's role. Where taxation is concerned, the law on general taxation of income and on inheritance was passed in 1978. (7) At no time have specific measures been taken to combat discrimination and the law in itself is not sufficient. (8) In 1977, several collective requests were made in Barcelona by women working at Ingra, Deslite, Agfa and Indo. Apart from the Ingra case, the Magistrates' Court pronounced in favour of the female employees in all the other firms, finding that they were being discriminated against and ordering that the discrimination be removed. But due to the recession, the number of such cases has fallen off. At this time, it seems more important to keep one's occupation, not to lose one's job, than to think about making any· claims. No case concerning discrimination against women has yet been brought before the Constitutional Court. The appearance of the Defender of the People in such a case would be very positive. (9) Once democracy was introduced and the Workers' Statute 95 Table 5.1.1 Trends in the structure by age and by sex (%) 1920 1950 1980 <15 15-49 50-64 >65 M 33.6 48.7 12.4 5.3 WM W M W 31.1 27.8 24.7 26.8 24.6 49.8 53.9 53.8 49.0 46.7 12.9 12.1 13.2 15.2 16.0 6.0 6.1 8.2 9.0 12.7 Source: INE and author's presentation The percentage of young people who are potential members of the labour force has declined and the population of 65 and over has increased. The classical imbalance between numbers of men and women has been declining for the intermediate age groups, the excess of males over females amongst young people has been maintained and increased while amongst the elderly, it is women who predominate. Table 5.1.2 <15 15-49 50-64 >65 Sex rat 1920 101 92 91 83 io by age 1940 101 90 88 74 grou ρ (N° 1950 104 92 B5 69 of ma les per 1960 104 95 92 68 100 f emal 1970 105 100 86 70 esjj 1980 105 100 91 68 Source: INE and author's presentation. 102 The following reasons may be given for the equal numbers of men and women in the intermediate group: (a) the smaller increase in the growth-rate of the number of women in this age group; (b) the return of migrant workers that took place from 1974 on. Men of these ages were more likely to have emigrated and their return meant a closer balance in the sex ratio and a relative increase in the number of men in this age group. The greatest difference in the sex ratio (number of men per 100 women) can be found at the most advanced age (83 in 1920, 69 in 1950 and 68 in 1980), brought about by the lower life expectancy of males and their higher mortality rate throughout their lives. The gradual ageing of the whole population has had a particularly marked effect on the female population. The ageing index given in Table 5.1.3 shows up this tendency. In 1900, there were 146 men and 164 women of 65 and over for every thousand children under 15, of each sex respectively. In 1980, this index was 337 for males and 516 for females. The elderly population has increased while the child population has fallen off very markedly. The total number of elderly people is steadily increasing, with the result that this group is exerting more and more pressure on the rest of the population. There is also a resultant need to pay more attention to satisfying the growing needs of this elderly population. 103 Table 5.1.3 Ageing indicators Billeter Ageing index index Total 155 176 275 424 M 146 159 221 337 W 164 194 332 516 1900 0.32 1920 0.36 1950 0.11 1980 -0.016 Note: Billeter index = Popul. (0-14) - Popul. (50 and over] Popul. (15-50) Ageing index = Popul. (65 and over)/population (under 15) χ 1000 Source: INSERS0: "Una decada de ayunda a domicilio, Madrid 1980. INE and author's presentation. The population growth-rate from one census to the next has been fairly constant this century, with a 7% increase over the previous census in the 1920 census, the period of lowest growth, and an 11% increase, the period of biggest growth, in 1970. Since 1950, it has been the age groups at either end of the range that have shown the greatest increase, especially for women, and this tendency has been at the expense of the intermediate (or working) groups. Since 1950, women in the 15-49 age group have only shown a 14% increase, as against a 24% increase by men. The low number of women in the most fertile age range is another of the most striking features of the present Spanish population. 104 M 100 114 129 131 F 100 114 129 134 M 100 122 136 168 50-64 F 100 120 134 157 À. M 100 125 164 200 65 F 100 128 163 203 Table 5.1.4 Growth-rate of the Spanish population broken down by age and sex (Basis, 1950 = 100) <15 15-49 M F_ 1950 100 100 100 100 1960 114 114 103 100 1970 129 129 113 105 1980 131 134 124 114 Source: INE and author's presentation. Only some of the data from the 1 March 1981 census is available at 1 present so we have had to use population projections provided by INE for our 1980 figures. The data that is available from the latest census does indicate that the population has exhibited a similar growth-rate to the one observed for the previous decade. By sex, the increase has been 11.3% for men and 10.4% for women. Figures for the total population and the sex ratio, for the various Self-Goverroing and pre Self-Governing Communities, are given in the following table: (1) INE: "Projecciones de la Población Española, 1978-1995, Madrid, 1981 105 Table 5.1.5 Community Spanish Population on 1 March 1981 Men Women Andalucía Aragon Baleares Asturias Canaris Cantabria Castilla-Mancha Castilla-León Cataluna Extremadura Galicia Rioja Madrid Murcia C. Valencia País Vasco Navarra Ceuta-Melilla Total 3 1 2 1 2 1 1 18 167 606 340 545 726 249 B03 283 917 516 322 126 290 471 784 055 252 69 529 506 651 180 312 815 869 323 233 604 972 106 190 382 250 628 645 259 839 764 3 1 3 1 2 1 1 19 274 606 344 581 717 260 824 293 040 533 431 127 436 486 862 079 255 59 216 249 448 908 695 811 947 682 872 604 147 730 105 604 653 137 322 108 474 496 6 1 1 1 1 2 5 1 2 4 3 2 Total 441 213 685 127 444 510 628 577 958 050 753 253 726 957 646 134 507 129 755 099 088 007 626 816 005 105 208 119 836 295 .986 903 765 967 367 313 _%_ 17.1 3.2 1.8 3.0 3.8 1.3 4.3 6.8 15.8 2.8 7.3 0.7 12.5 2.5 9.6 5.6 1.3 0.3 Sex ratio (men per 100 women) 96.7 100 98.6 93.7 101 95.7 97.3 99.2 95.9 96.9 92.3 99.3 94.0 96.8 95.8 97.8 98.9 117 37 746 260 100 96.4 Source: INE: "Población de los Municipios Españoles, al 1 de Marzo de 1981", Madrid 1982 Author's presentation. 106 5.2 AVERAGE LENGTH OF LIFE The constant increase in the average length of life of the population throughout this century is a fact with social conquences, the chief of which is the need for this larger, longer-living population to be provided with the best possible conditions. Better medicine, hygiene and food have all played a fundamental part in bringing about this increase in life expectancy. In 1900, the expectation of life at birth was 36 years for a woman. A woman born in 1980 can expect to live an average of 76 years. For men, this life expectancy was 34 years in 1900 and 70 in 1980. Table 5.7.1 Trend in life expectancy at various ages, by sex 0 1D 20 30 40 50 60 70 80 90 M 33. 45. 37. 31 . 25. 18, 11 , 6, 3 1 1900 ,8 ,6 .9 .9 ,0 .0 .7 .6 .4 .8 W 35.7 47.2 39.8 33.3 26.4 19.0 12.2 6.7 3.4 1 .8 1920 M 40.2 48.6 40.7 33.7 26.3 19.1 12.6 7.2 3.7 1 .9 W 42.0 50.0 42.6 35.7 28.5 21.0 13.7 7.9 4.0 2.0 1950 M 59.8 56.7 47.4 39.0 30.4 22.2 14.9 9.2 4.8 2.3 W 64.3 60.7 51.6 42.8 33.9 25.3 17.1 10.3 5.2 2.4 1975 M 70.4 67.3 52.6 43.2 33.8 24.9 17.1 10.5 5.9 3.2 W 76.2 67.8 58.0 48.2 38.6 29.3 20.6 12.7 6.7 3.4 M 70, 1980 W ,5 76.4 I ω ι—1 S2 (D. ■H CD > CO O c ι Source: Anuario Fstadistico, 1980 107 MS the process o-f industrialization took place, the life expectancy of the two sexes gradually moved apart throughout the century until today a woman lives six years longer than a man on average (see graph 5.2.1). The increase in the duration of life in both sexes, with other demographic factors, is reflected in a concentration of the population in the adult and elderly groups, with these categories now accounting for a larger proportion of the total population. The biological limit of human life means that henceforth further increases in life expectancy will become smaller and smaller. Continual technical progress in the field of health, hygiene and food will have a greater impact on how people live than for how long. Graph 5.2.1 Trends in life expectancy at birth for the period 1900-1990, for the male and female population male population female population 1980 1990 108 5.3 MORTALITY RATE The lower mortality rate (added to the fall in the birth rate and greater life expectancy) is another clear demographic feature of Spain's population today. In 1900, for every thousand people of each sex, 29 men and 26.5 women died. In 1978, this rate had dropped to 8.6 per thousand for men and 7.5 per thousand for women. The decrease is even clearer if we look at the youngest age group (under 14) and take into account both the fall in the mortality rate and better medicine, technology, hygiene and food and the fact that today women have more knowledge of and are better prepared for maternity. Since 1900, when the infant mortality rate was 20.4 deaths per thousand children under the age of one, passing through the post-war period when the rate shot up (in 1940, 111 died per thousand live births), today we have the following picture: one death for every 67 live births, or a rate of 15 per thousand. This represents a spectacular improvement. This drop in infant mortality has had a number of effects on women. There has been less need to keep producing children, resulting in less psychological and physical effort on the part of mothers. Attitudes have become more rational and objective and the periods of a woman's life spent on caring for the new-born are less. The group between one and 15 years of age has experienced a similar drop to that observed for the under-ones. In 1900, 23.6 males and 23.5 females per thousand in this age group died, while in 1978, the figures had fallen to 0.5 per thousand for males and 0.4 per thousand for females. In adolescents and young people (15 and over) the fall in mortality rate became more and more marked up until 1960, at which time the rate started to flatten out for this age group. It was the year when the 109 economy and industrialization began to pick up and a population bulge began to reach this key-age. With a larger proportion of young men entering the work force, with young women starting to become marginalized in certain types of work and with the upsurge in the number of vehicles on the roads at that period, we can see reasons why the fall in mortality rate was less marked than before and why there were greater differences in male and female mortality rates at that age from then on. The lower mortality of young people also accounts for some of the changes observed in the death ratio of the under- and over- 50s (Swaroop index). In 1900, the proportion of deaths of people over 50 to total deaths was 33.5%; in 1980, the proportion was 86.9%. Given the increase in the population of this age, the trend in the Swaroop index is an indication of the unprecedented strides made in preventing disease through better health education and information rather than of the cure or eradication of certain diseases. In the years to come, we shall witness a trend towards stabilization or a slow and gradual decrease in mortality rates. The increase in the number of the elderly will offset scientific and medical progress and mortality rates will tend not to be reduced. Technical, progress will have an effect on the low decline in infant mortality. Differences in mortality rates between the sexes will be balanced out for the intermediate age groups too, as women have greater access to activities formerly reserved for men. 1 ~ MIGUEL, Amando de: "Manual de Estructura Social de Espana", Ed. Technos, Madrid, 1974, p.41. 110 Table 5.3.1 Mortality rate by sex and age (per 1000) 1900 1920 1940 1950 1960 1970 1978 Men Less than a year 1-14 15-49 50-59 60 and over Total Swaroop index 206 23.6 10.3 24.5 83.8 29.5 32.4 177 15.3 6.7 17.6 76.7 22.4 38.9 118 6.8 9.9 22.0 72.9 18.6 45.7 72.9 3.2 4.0 15.3 66.2 12.8 59.9 46.6 1.1 2.2 10.9 52.7 9.2 73.1 26.5 0.6 2.1 9.9 49.0 8.8 79.2 17.9 0.5 1.9 9.5 48.8 8.6 83.9 Women Less than a year 1-14 15-49 50-59 60 and over Total Swaroop index Crude mortality rate 175 23.5 -9.7 19.8 81.1 26.5 34.7 28.0 158 15.0 6.5 12.8 76.9 20.3 40.7 21.3 105 6.6 4.3 12.1 58.7 14.2 52.8 16.4 60.2 3.0 2.96 9.25 55.5 11.6 65.8 12.2 36.9 0.9 1.5 6.3 42.1 8.3 79.3 8.8 22.9 0.5 1.2 5.4 39.5 7.9 86.2 8.4 13.5 0.4 0.9 4.5 37.3 7.5 90.1 8.1 Note: From 1940, the infant mortality rate included children who died in the first 24 hours of life. Source: INE "Moviemiento natural de cado ano" Other sources: "Estadísticas Básicas de Espana, 1900-1970", Spanish Federation of Savings Banks, Madrid 1975 Author's presentation. 111 5.5 AVERAGE AGE AT TIME OF MARRIAGE The age when a woman marries is a demographic factor that has had one of the most pronounced effects on the birth rate trend in our country. It is still of some importance today, although other non-demographic factors, such as economic, health and cultural aspects as well as demogra- 1 phic policy may affect the situation. In 1940 there was an overall increase in the number of marriages especially involving older men who had had to postpone their matrimonial plans because of Spain's civil war. The crude rate was 8.4 marriages for- 1000 of the population. The average age at marriage was 3D for men and 26.5 for women. Only 15% of the men who married that year were under 25 years of age (while 46% of the women were below this age). The same average age for marriage persisted for almost 30 years during the whole of the post-war period, which was marked by a partícula:1 y weak economy. There were two effects cf delaying marriage until the couple was older: firstly by reaching a higher economic level, the marriage partners could better provide for the household needs, and secondly, late marriage meant that the birth of the first child was delayed and the size of the family was reduced. (Late marriage used to be one of the most common ways of birth control). In the seventies, economic independence was achieved at an earlier age (if unemployment, which mainly affected the very young, could be avoided), Birth control started to be practised more efficiently by methods which did not affect people's emotional and sexual life as late marriage had. In 1978, 50% of men and 74.5% of women were married by the time they were 25. 2 The trends during this decade were as follows: (1) the age of marriage dropped for both sexes, as Table 5.5.1 indicates; (2) the age-gap between the partners at marriage was reduced (3 years in 196D, between 2 and 3 years in 1978). 1 MIGUEL, Amando de : "Manual..." op.cit. p.49 MIGUEL, Jesús M^ de: "El ritme de la vida social", Tecnos, Madrid 1973, p. 120. 118 Marriage rate for age groups 1930 M W Table 5.5.1 Trends in various marriage indicators (per 1000 single people) 1940 1950 1960 1970 1978 nw Γ1 W M W M W M W 15_ig 1.5 13.9 1.3 11.3 1.0 9.7 1.3 13.9 3.4 20.6 8.1 33.3 2024 73.6 150.1 32.7 92.2 29.9 82.9 38.0 112.3 62.8 152.2 98.1 171.4 2529 179.2 102.8 171.1 153.3 152.4 136.9 189.9 188.3 237.7 213.1 206.7 192.3 3034 101.8 42.4 181.5 92.4 144.4 71.1 160.3 92.2 131.8 81.2 115.9 72.4 3539 51.7 16.5 112.9 47.1 102.5 42.9 90.6 45.1 62.1 39.5 52.2 40.1 4049 24.5 6.35 63.3 24.0 57.9 20.6 43.1 17.2 26.7 17.4 17.5 13.5 5059 6.9 2.04 39.0 9.4 31.9 7.4 8.6 6.6 60 3.3 0.75 21.9 3.2 19.4 2.5 5.6 1.9 Average age at time of marriage 27.54 24.67 30.06 26.47 29.65 26.42 29.33 26.35 27.91 25.05 25.9 23.6 Crude marri age rate 7.42 8.38 7.39 7.83 7.36 7.19 Percentage of marriages in 3g_63 68.87 15.19 46.00 18.47 48.17 18.21 47.86 31.07 62.22 49.46 74.55 which man or woman was under 25 Source: INE, "Movimiento natural de población", several years. "Panorámica demográfica"; "Anuario Estadístico", 1980 Foessa Report 1975 φ Author's presentation 5.6 DIVORCE RATE In the past, divorce was only legal for a brief period, at the time of the Second Republic (1931-1936). It was not until the Divorce Law was passed (N° 30) on 7 July 1981 that a procedure to be followed in cases of "annulment, separation and divorce" was established and legislated for. As this law has been in force for such a short time, we are unable to obtain precise statistics on the number of divorces registered thus far and those we do have may not necessarily reflect the real trends which will only become clear once the novelty of the new law has faded and divorce comes to be seen as another alternative to married life. Until the law on freedom of religious choice was passed in 1967, there was only religious marriage - giving rise to a civil contract - in 1 Spain. After 1967, non-Catholics were able to choose a civil marriage . Separation and annulment were possible under both forms of marriage. Given that most Spanish people have a religious marriage, they were provided with the possibility of coming before an ecclesiastical court whose decrees had civil effects. The number of requests for annulment or separation brought before the ecclesiastical courts increased steadily despite the obstacles to a separation posed by the legislation. In 1952, only 0.323 persons per 10 000 of the population appealed to ecclesiastical courts. By 1977, the number was 2 per 10 000 (See table 5.2.1). ALBERUI, Ines: "Historia y Sociología del Divorcio en España", Centro de Investigaciones Sociológicas, Madrid, 1979. p.135. 120 In 1970, the number of Spanish people defining themselves as divorced and those who were registered as legally separated in the census amounted to 1.7% of the population in the case of men and 3% in the case of women. The percentages among married couples were as follows: 3.9% among married men and 6.9% among married women. For various reasons, one of which is that there are a number of different expenses in connection with bringing a case before the ecclesiastical courts in order to obtain an annulment or separation, more couples are now choosing to separate without any legal formalities. The 1977 1 survey on fertility provides us with statistics on de facto separations and divorces, from which we deduce that nine out of every 1000 married women are actually in this situation. 5.6.1 Marital Breakdown index Index (N° of cases per 10 000 N° of cases of Year inhabitants) seperation 1952 0.323 1900 0.385 1965 0.395 1970 0.645 1972 0.862 1973 1.008 1974 1.126 1977* 2.008 Source: ALBF.RDI, Ines: "Historia y Sociologia del Divorcio en Espana", p. 144. 1977, Oficina de Sociología y Estadística de la Iglesia 1 INE: "Encuesta de Fecundidad, 1977", Madrid 1978, p. 65. 1 1 2 3 3 4 7 909 177 274 180 027 555 043 385 121 5.7 SIZE OF FAMILIES The smaller average number of children per woman is a factor that has reinforced the downward trend in the fertility rate. Research on the factors that might influence the fertility rate indicates, moreover, that a smaller family size is entirely welcomed by women in their efforts to plan their families. In 1900, the average number of children per woman was 4.71. In :cording to Armand Saez's calcul, following table gives the full picture: 1 1980, according to Armand Saez's calculation, it was about 2.32. The Table 5.7.1 Trends in the average number of children per woman 1900 1910 1920 1930 1940 1950 1960 1970 1980 4.71 4.43 4.14 3.63 2.97 2.46 2.76 2.86 2.32 Source: Ministry of Economics Affairs and Trade: "Población, actividad y ocupación en España", Madrid, 1980. SAEZ, Armand: op.cit. p.1008 The ideal number of children is a measure of societal attitudes influencing a couple to have children and it reflects their perception of the general circumstances in the country and their own ideas as to the number of children they want, based on the way they see their particular 2 situation and any other personal motives . 1 SAEZ, Armand: op.cit. p.1008 7 - "ALONSO HIN0JAL, Isidoro: "Población y familea", Revista Española de Investigaciones Sociológicas, N° 10, April-June 1980, p.55. 122 Table 5.7.2 Trends in the ideal number of children, the number desired and the actual number Actual Ideal Desired 1965 2.95 3.18 3.27 1974 2.85* 2.83 1977 2.50 2.78 2.79 Note: * - all women (Other figures apply to married women only) Source: ALONSO HINOJAL, Isidoro: "Población y familia", op.cit. p. 156, Foessa REport 1975. INE, "Encuesta de Fecundidad 1977", Madrid, 1978 The following points emerge from this table: (a) The reduction in fertility, both actual and ideal, is desired by women. Societal attitudes as to the ideal number of children exert a pressure on couples to have smaller families. (b) The number of children a Spanish couple desires is higher than the ideal number as seen by society. (c) Spanish couples have fewer children either than they desire or than the socially-accepted ideal. Throughout recent years there has been an increasing tendency to regulate the number of births. The reasons ·:3Γ this must be sought in social, economic and cultural factors. The variables affecting the number of children a woman in Spain has are numerous. The woman's age, how long she has been married, her age at marriage all play a direct part in determining how many children she will actually have and how many she would like. One observes from Table 5.7.3 that the number of children desired increases as women become older. The desired number and the actual number equal out as the years pass. 123 Table 5.7.3 Actual number and desired number of children, according to the woman's age (married women) Age Group 15- 25- 30- 35- 40- 45- -24 -29 -34 -39 -44 -49 Total N° of live children 1.42 1.82 2.41 2.74 3.12 3.10 2.50 N° of children desired 2.34 2.51 2.72 2.88 3.08 3.09 2.79 Source: INt: "Encuesta de fecundidad, 1977", Madrid 1978 The age of a woman when she first marries has a marked effect both on the number of live children she has (other things being equal, women who marry young have more children than those who marry later) and on the way she conforms to the ideal. A woman responds differently to this according to her age at marriage: there are indications of a more consistent attitude (ideal = actual) in women who marry late, which enables t nem from the outset to plan the size of their family. Table 5.7.4 Actual and ideal number of children according to age at marriage Age at start of marriage 18 18-19 20-21 22-24 25-29 30 and over Ideal number of children 2.74 2.83 2.76 2.84 2.81 2.70 Number of live births 2.81 2.57 2.54 2.51 2.42 1.98 Source: INE: Encuesta de Fecundidad, 1977", Madrid 197- 124 The longer a household has existed and a couple has lived together, the greater the number of children, both desired and ideal. After 20 years of marriage, the actual number of children has overtaken the desired number. However, in younger couples,the ideal and desired number are both below the average, indicating societal pressures towards smaller families. Couples who have been married longer are more inclined to follow traditional patterns and to accept older standards of family size which were much larger than those that exist today. This is reflected both in desires and in what they see as the ideal family size. Table 5.7.5 Number of live births, ideal and desired number of children, according to the number of years since marriage Years of ,_,. ^, N° of children Ideal number of marriag 5 5-9 10-14 15-19 20-24 25- 29 30 and Total ( Source: ;e over [ averaged : INE: ' I I 'Encuesta D±L LI IÜ 1.26 2.09 2.69 2.96 3.28 3.65 4.05 2.50 de Fecund idad. desired 2.33 2.60 2.86 3.01 3.16 3.19 3.48 2.79 1977", Madrid, 1978. children 2.60 2.70 2.82 2.90 2.93 2.79 Finally there are a number of other sociological factors affecting family size. For example, practising Catholics have more children than those who are not (2.54 against 2.22). Women who have been to university have fewer children than those who have not been to school, those who have only finished primary or illiterate women (1.71, 2.79, 2.35 and 3.71 respectively). Those living in large urban centres have fewer children than thuse living in small towns (2.10 compared with 2.65). 125 ,8 TRENDS IN ONEPERSON FAMILIES In the 1970 census, a oneperson family was defined as a house 1 hold consisting of persons living alone. The census revealed that alme 50% of the oneperson families were to be found in the urban centres. The EPA also provides us with figures for households broken down by the number of persons of 14 and over who live in them and we can therefore see how many households are composed of one person and of what type they 2 are. With a few minor variations, the trend in the number of such households remained stable throughout the seventies. However, the number of people considered to be part of tne working population and living on their own is dwindling. It is now more likely to be studsnts, retired people and the elderly who live alone. The trend for the seventies is shown in the table below. Table 5.8.1 Trends in oneperson households Total N° Total ¡\!° of of households oneDerson households '''ear 1970 8 853 63C 6 GO 35 3 -.972 3 893 342 712 365 1575 9 127 237 779 092 ÌS7C 9 729 700 364 ¿00 > i/'.' 9 790 300 839 700 '.coree : i NE: "Penso de la Población de España, 1970"', Vel. Ill, Madrid 1974 INE: "Encuesta de Población Activa", 4th quarter, 1972,1975, 1978, 1979. N° of workers 1 ing on t h own 256 5 8t3 270 102 23 5 600 25 4 900 iv eir % of total N° of oneper son hou seholds 7.4 5.0 8 .5 8.3 8.6 ■; of tctnl work force living on their own 36.01 34.6 33.1 30.3 INE: "Censo de la Población, '970", op.cit. p.XVI. "INE: "Encuesta de Población Activa", 4th quarter, 1979, Madrid 1981 po. XVIII and 56. 126 EDUCATION AND VOCATIONAL TRAINING 6.1 Level of education in the population. Primary education For the last twenty years the level of education has been rising rapidly as it has become more objective and as social and economic progress started to be made in the sixties. The constant and regular fall in the illiteracy rate is one of the most significant indicators of this trend. Without going back to the turn of t tie century, when 45.3% of the population over ten were illiterate, the percentage of illiterates dropped from 8.9% in 1970 to 8.2% in 1980. As a consequence of entrenched attituijes about sex-roles, the illiteracy rate varies considerably between men and women, with twice as many illiterate women as men. Table 6.1.1 RATE OF ILLITERACY (1900 - 1970). Population over ten years of age Year Total population 1900 1910 1920 1930 1940 1950 1960 1970 is ■:·..:. 45.3 40.0 34.8 25.9 18.7 14.2 11.2 8.9 8.2 Men 36.8 32.1 78.1 19.5 13.8 9.9 7.3. 5.1 Women 54.0 47.5 41 .2 32.0 23.2 18.3 14.8 12.3 bourne: INF Census of the population for various years. 127 Very few women attend higher technical colleges, only accounting for 9.1% of the total number of such students. The proportion of women in some subjects exceeds this average: chemical engineers (20.1%), waterworks and forestry (16.9%), architecture (16.3%) and agronomists (15.8%). Table 6.3.4 Enrolment in higher technical colleges, 1979/80 academic year· Technical Colleges Total Men Women Percentage of women Architecture 15 351 12 847 2 504 16.3 Aeronautics 1 381 1 325 56 4.0 Agronomy 2 215 1 854 351 15.8 Public works 3 874 3 738 136 3.5 "Grandesecoles" 14 343 13 712 631 4.4 15 351 1 381 2 215 3 874 14 343 888 1 051 724 377 5 147 12 1 1 3 13 4 847 325 854 738 712 738 983 705 301 989 2 504 56 351 136 631 150 68 19 76 158 Waterworks and forestry 888 738 150 IS.9 Mines 1 051 983 68 6.5 Marine engineering 724 705 19 2.6 Chemical engineering 377 301 76 20.1 Telecommunications 5 147 4 989 158 3.1 Total 45 351 41 202 4 149 9.1 Author's presentation of statistics on university education in Spain, 1979/80, INE 1932 Trans Later 's note: these are "elite" colleges where top-level training is vivc-n for professions such as the civil service, diplomatic, service, politics etc. 134 li. 4 Career counselling In Spain, career counselling is offered both in private centres and in public institutions. Its purpose is to provide those at school with adequate information on career opportunities and descriptions of various kinds of jobs and to analyze their aptitudes and abilities in different subjects so that they are better equipped to choose their future work. In the private centres, counselling is done by educational psychologists already in place, or through a series of talks on the nature of different professions, organized in conjunction with Parents' Associations. In the private centres, counselling is done by educational psychologists already in place, or through a series of talks on the nature of different professions, organized in conjunction with Parents' Associations. In the Institutos Naciondes de Bachillerato (grammar schools) and government careers' centres, the task of educational guidance and career counselling is in the hands of the institutes set up for this purpose under a Royal Decree dated 21 November 1980. At the same time, where the government primary school centres are concerned, their own educational and vocational guidance services are in the process of being started up. As these initiatives are all very recent, it is hardly possible as yet to judge how effective their activities ere. G.5 Vocational training Vocational training courses have a two-fold purpose: preparing pupils for the work they want to take up and continuing their general education. They will eventually have a three-tiered structure, but at 135 present only the first two cycles have been set up. Courses are open to children who have finished their primary education but who will not. proceed to the secondary (BUP) level. The second cycle will be open to those who have obtained a "Bachiller" certificate (schoolleaving certificate)or those who have been attending extra classes after completing the first cycle of their vocational training. The number of people enrolling for vocational training is on the increase as is the proportion of women who enrol for such courses. In the 1980/81 academic year, 211 912 women were receiving vocational training, which represented 38% of the total number enrolled. Ten years ago, for· the 1970/71 academic year, the proportion of women receiving vocational training was a mere 5% of the total roll. This type of education represents an innovation and some new types of specializeo training have bean included; this explains why it is becoming increasingly popular ana why more women are also opting for vocational training. Table 6.3.1 òcadernie lo MO/71 ':ó7ï/7S '.•7 7/78 roo/7S ':'~o/oP 1ΓΓ:;':/81 year t n rolment in voe Total 151 760 223 407 455 515 558 915 517 943 119 608 at: lona! i tra Men 143 935 177 268 254 325 346 813 109 3 20 Γ ι ■· C] 8a6 i η ing o 95 76 66 t''5 o' 3 62 br; Jken dewn Women 7 755 56 139 131 15 S 211 102 703 623 611 912 by sex *, 5 14 34 35 37 38 Snij ree; INE: Anuario ostaaístico, 1962 136 The subjects which female students opt for most frequently are: htir.inr.'S!; nncl c I or i eoi 1 train ¡ rif,, paramoi 11 η. τΐ training, and hairdresroing and beautician's courses. Of all the women enrolled in vocational training courses in 1979/80, 73% of them opted for business and clerical training, 11% for paramedical subjects and 4.6% for hairdressing. The small number of women remaining were scattered through the other branches. Just as with university education, women opt for subjects which are traditionally considered as feminine. It is taking a long time for them to enter jobs or professions which are traditionally reserved for men. 6.6 Further training and in-service training The National Employment Institute (INEM) has undertaken to assist those wishing to be re-trained or learn new skills in order to facilitate their re-entry into the job market. Activities designed for this purpose are known collectively as "occupational training schemes". The most Important features of this type of training are that it is geared to training someone for an actual job, it is able to be adapted, swiftly to meet the needs of the system cf production and it complements other forms of education of a vocational nature. As well as INEM, other ministries and institutes are now introducing re-training and on-the-job training (e.g., the Ministry of Agriculture's Agricultural Training Directorate, the Merchant Navy, the Institute for the Reform of Business Studies (IRFSCO) and the Ministry of Industry and ! rif.'rgy. 137 li.7 Women' s under-représentât ion Throughout the preceding paragraphs we have drawn attention to the under-representation of women at all stages in the Spanish educational programme. The types of education where women are less well represented than men are in the universities and in vocational training, the. effect of which is to concentrate women in those jobs which are traditionally regarded as "feminine" and to bar them from technical fields normally connected with industry. With a few minor exceptions, we observe that the same pattern still persists whereby women are segregated in the service sector, whether it be health, education or administration. Women themselves, however, by their own effort and tenacity and in the face of' widespread social attitudes that attribute specific jobs to one or other of the sexes, are slowly making inroads into traditionally male employment preserves. 138 7. EMPLOYMENT OFFICES Basic employment legislation enacted on 6 October 1980 provides the legal framework for the operation of employment offices. Article 40 (2nd paragraph) of this law expressly forbids the existence of private employment agencies "of any kind and in any area of work, for the purpose of placing people in any type of job whatsoever". Any examination of employment offices in Spain is therefore limited to government departments coming under the National Employment Institute (INEM). The first paragraph of Article 40 of the basic employment, legislation mentioned above defines this body as a national, public and free service. The overseas job market which covers offers of employment from foreign countries and applications for employment by Spanish workers wishing to emigrate is controlled by the Instituto Espandi de Emigración (IEE - Spanish Emigration Institute). Its main role is to assist migrants both when they leave and when they return. At the present time, the size of this job market is small in comparison with the domestic job market. In 1980 job offers abroad (apart from those for seasonal workers in the south of France) scarcely amounted to 1% of all the vacancies recorded by INEM, and the number of women advertising for jobs abroad by the end of the year was only 0.2% of the number looking for jobs in Spain. 139 7.1 EMPLOYMENT OFFICES (Private and official) INEM was created to solve the problems caused by the variety and number of different bodies concerned in regulating and developing employ ment policy (Directorate General for Employment), dealing with unemploy ment benefits (National Provident Institute) and running other forms of employment services (National Employment Service in the former trade union organization) . INEM was established by Royal Decree N° 36 of 16 November 1978 and was assighed the role of executing employment policy, controlling aid given to promote employment and make unemployment benefits, and organizing national employment offices, vocational training and occupational guidance free of charge for the public'. Firms and workers have to submit their vacancies or applications for employment to one cf the INEM offices that have been opened throughout the country. Article 42 of the basic employment legislation states that firms with vacancies must first of all advertise these in employment offices and may choose the workers they need from those who have aopiied for work there. Workers looking for a job must also apply to these offices. The intention of the employment offices to encompass and control t no entire job market on the national level has run into some specific r'ifficulties. These are largely the result of the current level of' un ■■. ;o' oyme.ot in our country which is affecting individual workers, specific OOCÍ.LJ. LTOLIDS and firms. ALVAPEi.LOS GALVE, Constantino: "Ley Basica de Empleo. Textes y comen tarios". Ministry of Labour, Madrid 1981, p. 155; 2 op.cit, p. 166. 140 There are two main phenomena at the root of the situation: (a) the growing size of the illegal job market. The extent of this is difficult to quantify and it particularly affects the categories who have the greatest need to find a job (the unemployed^and those who traditionally have the greatest difficulty in entering the labour force. These categories are employed in situations which are difficult to check up on (outwork) or in small firms where the employer is prepared to take the risk of hiring 1 people illegally through such channels because of the obvious advantages . (b) the employment offices are becoming less effective in finding jobs for people as their credibility diminishes among job-seekers and employers because of the way they fail to carry out their tasks or provide suitable job candidates. Compulsory registration of job-seekers either takes place automatically (e.g. for people looking for their first job) or because people need to sign on in order to obtain unemployment benefits. The proportion of people applying for unemployment benefits out of the total number applying for jobs was 34% for men and 32% for women in 1980. The 4th quarter survey of the working population for 1979 revealed that employment offices were used as the main means of finding a job by 54% of the men and 44% of the women who had worked previously but were now unemployed. For those seeking their first job, 27% of men and 21% of women did so via their employment office. 54% of men and 53% of women when looking for their first job used personal contacts made through their families or friends, or through p.-monne] managers. Women who have worked before make use of personal contacts and employment offices to almost the same extent (43% as against 44%) when looking for a job. 1 RUESGA BENITO, Santos: "Desempleo y mercado clandestino de trabajo", El País, 16 April 1982. 141 Table 7.1.1 Unemployed brokan down by sex and method used for finding employment (%) Employment offices Personal contacts Small ads in newspapers Othermeans Worked M 54.9 36.1 Q.2 8.8 previously W 44.3 43.1 0.1 12.6 Seeking ñ 27.4 53.9 0.4 18.3 first job W 21.0 53.4 0.8 24.3 Source: INE, Encuesta de Población Activa", 4th quarter 1379, Madrid 1981, pp. 104 and 105 Author's presentation. 142 7.2 ANALYSIS OF EMPLOYMENT OFFERS AND APPLICATIONS BY SEX INEM, as the government body responsible for handling job offers and job applications nation-wide/serves as a continuous register of the job market as controlled and reckoned by its employment offices. An analysis of offers by sex based on the employment statistics published by INEM is made difficult because of the multiplicity of terms used by the various organizations involved in collecting data throughout the seventies. It is only from 1978 (the year in which INEM was created) that we have access to statistics compiled on a logical and consistent basis. A distinction is made in the statistics between nominative and non-nominative offers of employment, and these two terms need to be explained so that the statistics can be interpreted correctly. A nomitive offer is one where the employer goes to the employment office with the name of someone registered with the office who has already been selected for the job. A Non-nominative offer is one where the employment office selects workers and sends them along to the prospective 1 employer . In the first case, the employment office is carrying out a purely administrative function, limited to registering and checking the contract that has been made. In the case of a non-nominative offer, INEM performs a real management role since it matches up prospective employers and jobseekers. This difference is important. First it shows that the employment offices function as real job agencies and secondly, in the case of the non-nominative offers, it reveals the extent to which job offers are linked to a specific sex. In nominative offers, this aspect cannot be assessed, as the statistics do not show up the features of the employment being offered 1 INEM : "Estzdisticas de Empleo" 1980, Madrid 1981, p. 8 143