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Labour Administration Convention, 1978 (No. 150) - El Salvador (RATIFICATION: 2001)

The Committee notes the Government’s report received at the ILO on 6 November 2009.

Reform of the labour administration and labour inspection system. The Committee refers in part in this connection to its observation on Convention No. 81, in which it refers to regional project RLA/07/04M/USA to strengthen labour administration systems and the implementation of a reform to take account of the recommendations made in this context, particularly as concerns labour inspection. It notes from the Government’s report under the abovementioned Convention that the Ministry of Labour and Social Welfare (MINTRAB) has produced a five year strategic plan covering the fields of labour and employment, occupational safety and health, the working environment, social welfare, vocational training, social security and cooperatives. The Committee would be grateful if the Government would provide details on the objectives of the abovementioned five year strategic plan and the measures taken to attain them, and on the impact of these measures on the organization and running of the labour administration system.

Noting that the purpose of restructuring the labour administration is to improve its operation in particular by a closer coordination of tasks and responsibilities within the DGIT, the Committee asks the Government to provide detailed information on the coordination in practice between the central services of MINTRAB and its external services, and between MINTRAB and the other bodies of the labour administration system (Article 4 of the Convention).

Article 5. Tripartite consultation, cooperation and negotiation within the system of labour administration. Having noted in earlier comments the tripartite structure of the Higher Labour Council and of the National Minimum Wages Council, the Committee further notes, in the Government’s report, the fresh information concerning the tripartite composition of the governing boards of certain institutes, including the Salvadorian Social Security Institute (ISSS); the Salvadorian Vocational Training Institute (INSAFORP); the Social Fund for Housing (FSV); the Institute for the Development of Cooperatives in El Salvador (INSAFCOOP); the National Institute of Public Service Pensions (INPEP); and the Fund for Persons with Disabilities (FPLD). It also notes that the Council for Economic and Social Affairs, established in 2009, is composed of a variety of representatives of Salvadorian society as well as representatives of the Government and employers’ and workers’ organizations. It further notes the information supplied in the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155), to the effect that the Tripartite National Committee on Occupational Safety and Health (CONASSO) contributed to the preparation of the National Occupational Safety and Health Policy, adopted by Implementing Agreement No. 93 of 5 June 2006 and published in Official Journal No. 117, volume 371, 26 June 2006. The Committee also notes from the Government’s report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the Higher Labour Council issued an opinion during the preparatory work on the General Act on the Prevention of Risks at the Workplace (LPTR) carried out by the Parliamentary Labour Committee, and contributed to the preparation of the Decent Work Country Programme. While noting these developments with interest, the Committee would be grateful if the Government would send copies of any reports, or extracts of reports of the proceedings of the abovementioned tripartite or multipartite bodies, and would continue to provide information on the impact of their work on developments in the law or practice pertaining to the areas covered by the National Labour Policy.

It again asks the Government also to indicate whether there have been any consultations, negotiations or tripartite cooperation at regional or local level or in the various sectors of economic activity and, if not, whether measures have been taken to encourage them.

Article 7. Extending the functions of the system of labour administration to include activities of workers who are not, in law, employed persons. The Committee would be grateful if the Government would indicate whether it plans to take measures gradually to extend certain functions of the system of labour administration to the workers who are not employed persons referred to in clauses (a), (b) and (d) of this Article and to keep the Office informed of any developments in this regard.

Article 10. Material resources, qualifications, status and conditions of service of labour administration staff.

Material resources for labour administration staff. The Committee notes with interest the information on the increase in MINTRAB’s budgetary resources and its impact on the logistic and material means available to it, particularly the transfer of MINTRAB’s central offices to a new building, the purchase of furniture and office equipment office supplies, and the improvement of transport facilities. It also notes that measures are under way to acquire computer equipment and vehicles, to set up a call centre and an electronic system for the registration of inspection visits (sistema electrónico de casos) as part of the Free Trade Agreement between Central America, the United States and the Dominican Republic (CAFTA-DR).

Qualifications, status and conditions of service of labour administration staff. The Committee notes that following the recommendations made in the course of the MATAC/ILO project on the recruitment, composition, status and conditions of service of labour administration personnel, MINTRAB’s human resources department now comprises sections for recruitment, supervision of qualifications and in-house training for staff. In particular, the Committee notes with interest the information that psychometric tests are used in recruiting new staff along with methods for assessment in the course of employment of staff members’ skills in performing certain duties of labour administration. The evaluation of the skills of administrative, technical and management staff was entrusted to external auditors in 2006–09 with a view to drawing up an annual training plan. The Committee also notes that according to the Government, the information handbook to welcome new MINTRAB staff has now been updated.

The Committee notes that, according to the Government, amendments to the Public Service Act were introduced by Legislative Decree No. 78 of 24 August 2006 concerning the training of public employees. The Committee would be grateful if the Government would provide a copy of the text of the abovementioned decree and indicate whether it governs all staff of the labour administration system and, if not, provide information on the different regulations governing the status of labour administration staff (permanent and contract employees), including on their remuneration and conditions of service.

The Government is also asked to provide information on the training provided for such staff in the course of employment (subjects covered, frequency, duration, participation, etc.) in the period covered by the next report.

The Committee would be grateful if the Government would continue to provide information on the material resources and transport facilities available to labour administration personnel and to inform the ILO of the results of the measures taken in the context of the CAFTA-DR.

Part III of the report form. The Committee would be grateful if the Government would indicate whether the ordinary courts or any other courts have issued rulings on matters of principle pertaining to the application of the Convention. If so, the Government is asked to provide a copy of such decisions or extracts therefrom.

Part IV of the report form. The Committee would be grateful if the Government would make any comments it deems useful on the manner in which the Convention is applied, providing, for example, extracts from reports, or other periodic information, produced by the main bodies of the labour administration system and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158).