Effect given to the recommendations of the committee and the Governing Body - Report No 328, June 2002

Case No 2085 (El Salvador) - Complaint date: 31-MAY-00 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 44. When it last examined this case, the Committee requested the Government to keep it informed on the following points: (1) the reform of the Labour Code provisions setting out excessive formalities for recognition of trade unions and acquisition of legal personality, contrary to the principle of free establishment of trade union organizations (requirement that trade unions of independent institutions should be works unions), that make it difficult to set up a trade union (minimum number of 35 workers to establish a works union) or that make it temporarily impossible to establish a trade union (requirement to wait for six months before applying for recognition of a new trade union when a first request is rejected); (2) any initiative taken by the complainant FESTSA to obtain legal personality and; (3) of measures taken to amend the national legislation, so that it would recognize the right of association of state workers, with the sole possible exception of the armed forces and police, in conformity with freedom of association principles [327th Report, paras. 54?57].
2. 45. In a communication of 8 May 2002, the Government states that, as already mentioned in its communication of 7 January 2002 and reflected in the 327th Report of the Committee, the legal framework will be adapted, taking into account the requirements of national and international labour markets. As regards the request on initiatives taken by FESTSA to obtain legal personality, the Government points out that, since its legal personality was refused for the reasons already indicated, FESTSA has not to this day taken any steps in this respect with the Secretariat of Labour and Social Protection.
3. 46. In a communication of 28 May 2002, the General Secretary of the Trade Union Federation of Salvadorian Workers of the Food, Beverage, Restaurants, Hotels and Food Sectors (FESTSABRHA), formerly FESTSA, requested its registration with the Ministry of Labour; this organization regroups five trade unions.
4. 47. The Committee takes note of this information. As regards the reform of the Labour Code provisions concerning the recognition of the trade union rights of state workers, the Committee regrets that the Government merely reiterates its previous comments on this issue. Taking into account the importance of the right to establish and register trade unions for these workers, such prohibition being incompatible with the generally accepted principle that all workers, without distinction, should have the right to establish trade unions of their own choosing [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 215], the Committee requests the Government to take the necessary measures to amend the legislation on the points mentioned above, so as to bring it into conformity with freedom of association principles. The Committee requests the Government to keep it informed in this respect. Finally, the Committee requests the Government to keep it informed of the results of the request of registration presented by FESTSABRHA; it hopes that this federation will be rapidly granted legal personality.