Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - El Salvador (Ratification: 1995)

The Committee notes the observations made by the National Business Association (ANEP) and the International Organisation of Employers (IOE) in September 2014 concerning the work of the Higher Labour Council. The Committee requests the Government to provide its comments in respect to the observations of the ANEP and the IOE.

Article 2 of the Convention. Adequate procedures. Effective tripartite consultations. With reference to its previous comments, the Committee notes the detailed information received in August 2013 and the report received in June 2014. The Committee notes the consultations held in 2012 and 2013 within the framework of the Higher Labour Council relating to the activities of the Organization, items on the agenda of the International Labour Conference and reports to be made on the application of ratified Conventions (Article 5(1)(a) and (d)). In the report received in June 2014, the Government indicates that the latest report on Convention No. 144 was not sent for consultation to workers as their representatives are not present on the Higher Labour Council. The Committee notes that six employers’ organizations were consulted on the preparation of the report. The Committee recalls that Article 2(1) of the Convention requires governments to operate procedures which ensure effective consultations between the social partners on matters concerning the activities of the Organization. Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), enumerates the possibilities available to member States for the consultations required by the Convention. The Committee requests the Government and the social partners to address the possibility of the consultations required by the Convention also being undertaken “through written communications” where the social partners consider that such communications are appropriate and sufficient (Paragraph 2(3)(d) of Recommendation No. 152). The Committee hopes that the Government will be able to provide updated information on the tripartite consultations held on matters relating to international labour standards covered by the Convention.

Article 3(1). Election of the representatives of the social partners on the Higher Labour Council. The Committee notes the detailed information provided by the Government in August 2013 on the efforts made to appoint workers’ representatives to the Higher Labour Council. In the meetings held in June 2013, agreement was not reached on the designation of their representatives on the Higher Labour Council by the representatives of 37 trade union federations and confederations. The Committee observes that in July 2013 the Government urged workers’ representatives to reach agreement and to put forward a single list of their representatives to the Higher Labour Council. The Committee once again requests the Government and representatives of employers and workers to promote and reinforce tripartism and social dialogue so as to facilitate the operation of procedures which ensure the holding of effective tripartite consultations. The Committee hopes that it will be able to note progress in the operation of the Higher Labour Council and in other procedures through which the tripartite consultations required by the Convention are held.

Article 5(1)(b). Tripartite consultations on the submission to the Congress of the Republic of the instruments adopted by the Conference. The Committee has for many years noted a serious failure of submission to the Congress of the Republic of 54 instruments adopted by the Conference. The Committee requests the Government to renew its efforts to hold the required tripartite consultations and to submit to the Congress of the Republic the 54 instruments adopted by the Conference between 1976 and 2012.

[The Government is asked to reply in detail to the present comments in 2015.]