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

Minimum Wage Fixing Convention, 1970 (No. 131) - El Salvador (Ratification: 1995)

The Committee notes the information provided in the Government’s report in response to its previous comments. It would, however, like to receive further information on the following points.

Article 1, paragraph 1, and Article 4 of the Convention. Wage-fixing system and obligation to consult the social partners. The Committee notes the Government’s explanations to the effect that the National Minimum Wage Council (CNSM) undertakes to ensure the broadest consultations possible, through forums held to review minimum wage rates, such as the “Forum of Solidarity for Employment”, which took place in 2003 with the participation of a large number of trade union and employers’ organizations, associations, civil society representatives and research institutes. The Committee requests the Government to provide additional information on the results of such initiatives in practice and on the way in which it is ensured that the analyses and claims of the social partners, expressed during these consultations, are really taken into consideration, in a direct and effective manner, in the work of the CNSM.

With regard to the time frame for the revision or possible adjustment of minimum wage rates, the Committee notes that, according to the Government’s explanations, the minimum wages fixed by Decrees Nos. 46 and 47 of 1998 have never been readjusted, and that the decision to maintain these unchanged rates, as reflected in Decree No. 37 of 23 May 2003, was taken at the proposal of the CNSM, in accordance with the technical studies carried out to this effect and the “Forum of Solidarity for Employment”. The Committee hopes that the Government will take all the necessary measures to enable the CNSM to re-examine, in a systematic manner, the minimum wage rates in all the sectors, at least once every three years, as required under section 159 of the Labour Code.

Furthermore, the Committee understands that in August 2006, the CNSM presented a draft executive decree to increase the minimum wage by 10 per cent (from approximately US$156 to US$172) in the main sectors of activity (trade, services, industry, agriculture, and coffee, sugar cane and cotton harvesting) and by 4 per cent (from US$151 to US$157) in the textiles sector. The Government undertook to ensure that this new minimum wage would be applicable from 1 September 2006 and that the prices of products would not increase in an unreasonable and unjustified manner. The Committee asks the Government to keep it informed of any developments in this respect and to provide copies of the relevant texts as soon as they have been adopted.

Several sources of information indicate that the announced increase does not take into proper account the rise in the cost of living and allows workers to cover only a small percentage of their essential needs. In this regard, the Committee requests the Government to specify whether this most recent minimum wage adjustment is based on an objective and reasonable calculation of all of the needs mentioned in section 146 of the Labour Code (food, housing, health, education, clothing) and to provide copies of any official or relevant documents.

Article 2, paragraph 1. Force of law of minimum wages. As regards the payment of a wage below the minimum wage to apprentices, the Committee notes the information concerning the Salvadorian Institute of Vocational Training (INSAFORP) and its various training programmes, such as the “Apprenticeship” programme (AMEC), which last for between six months and two years and which aims to provide young workers with qualifications and experience in real working conditions. The Committee also notes that a bill regulating apprenticeship contracts has been drafted with the support of the National Commission for the Modernization of Labour Law (CONAMOL) with a view to ensuring that apprentices receive effective vocational training during work hours and at the place of work, as would justify – on an exceptional basis – the payment of remuneration below the minimum wage. The Committee asks the Government to provide a copy of the final version of this text as soon as it has been adopted.

Article 5 and Part V of the report form. Further to its previous comments, in which it inquired about the organization and functioning of the inspection system in respect of the effective application of the minimum wage rate, the Committee notes with concern that, according to recent studies, more than 35 per cent of workers receive a wage below the legal minimum wage. In this regard, the Committee reminds the Government that an effective control system with adequate penalties is a fundamental condition for the proper application of current rules relating to minimum wages. The Committee would be grateful if the Government would continue providing detailed information on the application of the Convention in practice, such as, for instance, statistics on the results of inspections carried out – particularly in the agricultural sector or in rural areas where the payment of wages below the minimum wage is more frequent – extracts from reports of official studies, such as CNSM activity reports on the functioning of the minimum wage system, and statistical data on recent changes in minimum wage rates in relation to changes in economic indicators, such as the rate of inflation, during the same period, etc.