Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Workers with Family Responsibilities Convention, 1981 (No. 156) - El Salvador (Ratification: 2000)

The Committee notes the information provided by the Government in its first report. It also notes the comments of 12 September 2002 submitted by the Inter-Union Committee (CATS-CTD-CGT-CTS-CSTS-CUTS), and the Government’s reply of 18 December 2002 thereto.

Article 2 of the Convention. The Committee notes the information provided by the Government in its first report that measures relating to this Convention are being applied in all branches of economic activity (industry, commerce, services and agriculture). It also notes the information on the adoption of measures for the creation of new women’s cooperative associations in the maquila sector.  Please provide information on the measures adopted or envisaged for workers with family responsibilities from minority groups such as indigenous and tribal people and for workers in export processing zones and in the domestic sectors.

Article 3, paragraph 1. The Committee notes the information provided by the Government in its first report indicating that the National Secretariat for the Family (SNF), together with the Salvadorean Institute for Women’s Development (ISDEMU), and other entities, are contributing to the formulation of a national policy on women to provide equality of opportunity with men and promote the equal sharing of responsibilities by both men and women. It also notes that, according to the Inter-Union Committee’s communication the absence of a national policy for workers with family responsibilities makes it difficult or impossible for such workers, women in particular, to enter the labour market under conditions of equality of opportunity. The Inter-Union Committee also points out that, in collaboration with the private sector, actions are being encouraged to limit the number of children in workers’ families. The Committee would be grateful if the Government would provide more information in its future reports on the adoption of a policy to enable persons with family responsibilities to exercise their right to obtain and engage in employment without conflict between their family and employment responsibilities.

Article 4. The Committee notes the information provided by the Government in reply to the Inter-Union Committee’s assertion that the Ministry of Labour and Social Welfare is developing a national employment plan covering both the public and private sectors. It also notes that according to the Government, the income-generating capacities of heads of households are being reinforced through the grant of microcredits to micro-entrepreneurs and direct technical assistance. The Committee requests the Government to provide information on the manner in which the national employment plan and the Salvadorean Social Security Institute contribute to implementing the provisions of the Convention, giving examples of terms and conditions of employment and of social security benefits.

Article 5. The Committee notes the Inter-Union Committee’s assertion that there has been no promotion of public or private community services or childcare and family services facilities. The Committee wishes to emphasize the importance of carrying out studies on the changing roles of women and men in the family and workplace, in order to determine the practices which best apply the provisions of the Convention. It also wishes to point out by way of example that the General Survey of 1993 on workers with family responsibilities mentions, among other measures, the organization of accessible and home-based care services for children and sick persons; the assessment of the needs of workers with family responsibilities; the provision of childcare services outside as well as during regular school hours and school sessions; housing subsidies; adequate means of transport allowing workers with family responsibilities to coordinate their family responsibilities with their employment responsibilities. In view of the above, the Committee requests the Government to provide information in its next report on the measures adopted or envisaged to accommodate the needs of workers with family responsibilities in community planning and to develop or promote community services, both public and private.

Article 6. The Committee notes the information provided by the Government in its first report indicating that educational events on gender issues were organized in the Ministry of Labour for its staff, including labour inspectors and delegates. It also notes that, in collaboration with the Press and Public Relations Unit, the rights of women workers continue to be disseminated in enterprises and government institutions, and among the public and students, and that one of the main aims of the Action Plan of the National Policy on Women for 2002-04 is to encourage the media to project an image of women which is non-discriminatory and free from gender stereotypes. The Committee also notes the information provided by the Inter-Union Committee in its comments that no information or education measures are being taken to promote broader understanding of the problems of workers with family responsibilities. The Committee trusts that in its next report the Government will provide further information on the activities carried out to raise public awareness, particularly in employers’ and workers’ organizations; of the problems facing workers with family responsibilities, and of the need to adopt measures enabling them to enjoy in practice equality of opportunity and treatment in the labour market by combining both family and employment responsibilities. Please also provide copies of any publications made for this purpose.

Article 7. The Committee notes the information contained in the Government’s first report that the Salvadorean Institute of Vocational Training (INSAFORP) organizes and implements training programmes for women and men heads of household. It also indicates that the national employment plan includes activities relating to the vocational training system. The Government is asked to provide detailed information in its next report on the specific measures that have been adopted or are envisaged to enable workers with family responsibilities to join and remain in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Article 8. The Committee would be grateful if the Government would consider the possibility of promoting or securing, as appropriate, the adoption of legislative and administrative measures to ensure that this provision of the Convention is applied, such as prohibiting the dismissal of workers who have to avail themselves of the various forms of leave allowed by law or under agreements to fulfil their family responsibilities. Examples of the manner in which a number of countries have regulated this matter are to be found in paragraph 125 of the General Survey of 1993 on workers with family responsibilities.

Article 9. In view of the Convention’s flexibility, the Committee trusts that the Government will include in its future reports copies of decisions adopted by ordinary or other courts, awards, collective agreements, works’ rules or other instruments which make it possible to assess the implementation of its provisions.

Article 11. The Committee also notes that according to the Government the tripartite advisory body that ensures the participation of employers’ and workers’ organizations is the Higher Labour Council, which has established two study groups to review labour legislation. The Committee also notes the Inter-Union Committee’s assertion that the workers’ organizations were not informed, consulted or taken into account in any way in the formulation of public policy measures to secure compliance with the national and international standards that protect the many workers who have family responsibilities. The Committee requests the Government to provide information in its next report on the activities carried out by the above tripartite advisory body to apply the provisions of the Convention.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report extracts of reports, studies and inquiries on the application of the Convention in practice taking into account the type of data specified in this part of the report form.