Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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), received on 1 September 2015.

Article 2 of the Convention. Adequate procedures. Effective tripartite consultations. In reply to the observations of ANEP and the International Organisation of Employers (IOE) in September 2014 on the work of the Higher Labour Council, the Government indicates in its report that the establishment of the Presidential Commission on Labour Matters is one of the actions intended to bring the executive authorities closer to the working class by creating a space for discussion, without it replacing the established tripartite mechanisms. The Government adds that the tripartite consultation procedure has been changed and that the documents are sent to all the confederations and federations that are active at the time of the consultation, with the mechanism remaining for consultation between employers and the executive. The Government also refers to the consultations held through this procedure in 2014 and 2015 in relation to the activities of the ILO, the items on the agenda of the International Labour Conference and reports on the application of ratified Conventions. In its new observations, ANEP indicates that, as a result of the fact that the Higher Labour Council is not functioning, interaction between the Government and the social partners is no longer effective, with the result that the exchange of information has run up against serious obstacles or, at least, has become irrelevant. With respect to the consultation procedures described by the Government, the Committee notes that the Higher Labour Council has not been operating for over two years and regrets that the central social dialogue body in the country has not met during that period. The Committee trusts that the obstacles that exist in this respect will be resolved rapidly so that tripartite consultations can be held in practice on matters relating to international labour standards.

Article 3(1). Election of representatives of the social partners to the Higher Labour Council. The Government indicates that, in the context of the efforts made to designate worker representatives for the Higher Labour Council, more than 16 meetings have been held since June 2014. It adds that the various trade union federations and confederations called for analysis of the proposed agreement and that they would inform the Ministry of Labour and Social Welfare of their decision. As of June 2015, no communication had been received on this subject. The Government explains that it is examining the possibility of establishing a procedure for the election of trade unions so that the participation criteria allow an organized election process in accordance with the legislation and the Convention. ANEP expresses the view that the Government has not made efforts to reactivate the Higher Labour Council and adds that reports on ratified Conventions are not sent out before their transmission to the Office. The Committee refers to the conclusions and recommendations of the Committee on Freedom of Association in Case No. 3054 (324th Report, June 2015), and the conclusions of the Conference Committee on the Application of Standards (104th Session, June 2015) on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) by El Salvador. The Committee also refers to its observation on Convention No. 87 and recalls that in Case No. 3054 in June 2015 the Committee on Freedom of Association emphasized the need for the Higher Labour Council to be constituted as a matter of urgency based on the criterion of representativeness of organizations so that its functions may resume (324th Report, June 2015, para. 329). The Committee once again requests the Government and the 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 International Labour Conference. The Committee notes the undertaking by the Government to pursue the process of the submission of the pending instruments adopted by the Conference and the establishment of a high-level commission composed of the Ministry of Labour and Social Welfare and the Ministry of Foreign Affairs. The Committee requests the Government to provide information on the tripartite consultations held on the proposals to be submitted to the Legislative Assembly with regard to the submission of the 54 instruments adopted by the Conference between 1976 and 2012.

[The Government is asked to reply in detail to the present comments in 2016.]