Effect given to the recommendations of the committee and the Governing Body - Report No 329, November 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. 41. At its May-June 2002 meeting, the Committee requested the Government to keep it informed of the results of the request of registration presented by the Trade Union Federation of Salvadorian Workers of the Food, Beverage, Restaurants, Hotels and Food Sectors (FESTSSABHRA) and hoped that this federation would rapidly be granted legal personality. It also requested the Government to take the necessary measures to amend the legislation on various points [see 328th Report, paras. 44-47].
2. 42. In a communication dated 6 June 2002, the FESTSSABHRA states that after having given up its previous name, FESTSA, it once again requested registration of legal personality.
3. 43. In a communication dated 8 July 2002, the Government states that on 27 May 2002 the FESTSSABHRA submitted to the General Labour Directorate the documentation relating to its establishment in order to obtain legal personality. The following were involved in establishing this federation: the Trade Union of the Lido Enterprise Ltd., the Confectionary Workers’ Industrial Trade Union, the Workers’ Trade Union of the Foremost Dairy Products Enterprises Ltd., the Workers’ Trade Union of Nestlé Ltd., El Salvador, and the Workers’ Trade Union of Salinitas Club Ltd. On 1 July 2002, the Secretariat of Labour and Social Protection approved the constitution of the federation and ordered that it be published in the Official Bulletin along with the resolution granting legal personality.
4. 44. The Committee is pleased to note that the FESTSSABHRA has been granted legal personality. However, the Committee notes that the Government has sent no new information with regard to the changes to trade union legislation on the points mentioned in previous examinations of the case. The Committee therefore repeats its previous recommendations and requests the Government to take the necessary measures to amend the legislation on the following points in order to bring it into conformity with freedom of association principles: 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 made it difficult to set up a trade union (minimum number of 35 workers to establish a works union) or that in any case made 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), and 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. The Committee requests the Government to keep it informed in this respect.