Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - El Salvador (Ratification: 1995)

1. Article 1, paragraph 1(b), of the Convention. The Committee notes that the authority competent for enforcing section 246 of Legislative Decree No. 1030 establishing penalties for discrimination at work is the judiciary. The Committee requests the Government to provide information on any court decisions applying the penalties laid down in the above provision. Please also provide information on cases treated as “serious discrimination at work” and on the administrative bodies responsible for punishing such conduct, the procedure for the filing of complaints, the procedure for the hearing of complaints, the dissemination of the abovementioned provision and its practical effect, for example the number of cases, statistics on the grounds of discrimination reported and an assessment of how promptly cases are resolved.

2. Article 2. The Committee notes with interest the activities undertaken to implement the plan to promote women’s integration in the labour market. It also notes with interest the discussions under way in the Higher Council of Labour to formulate a policy of equity for women. It requests the Government to keep it informed on progress in the abovementioned discussion and on its outcome.

3. Article 3. With regard to its previous direct request, the Committee notes the process initiated by the Government to disseminate information on labour rights. The Committee requests the Government to report on this process, indicating in particular the participation of the agricultural and domestic sectors in the related discussions.

4. Labour inspection. The Committee notes with interest the measures taken by the Government to strengthen the Ministry of Labour’s technical and operational capacity for labour inspection, particularly in the agricultural sector and in domestic work. It requests the Government to keep it informed of the results of these efforts.

5. Sexual harassment. The Committee notes the efforts undertaken by the Government to combat sexual harassment at work. However, the Committee remains of the view that the measures taken and the legislation in force are very general and that the coverage and methodology are narrower than those indicated in the general observation of 2002. The Committee therefore once again expresses the hope that the Government will continue to consider adopting specific provisions ensuring protection from sexual harassment at work, in conformity with the Committee’s General Observation of 2002.