Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Case No 2214 (El Salvador) - Complaint date: 09-JUL-02 - Closed

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

1. 84. At its March 2005 meeting, the Committee made the following recommendations [see 336th Report, para. 404]:
   • The Committee requests the Government: (i) to keep it informed of any court decision regarding the refusal of the ISSS to recognize the coalition of the STISSS and SIMETRISSS for the purpose of reviewing the arbitration award; any decision by the Attorney-General’s office concerning the alleged eviction of the union from its premises; and (ii) to carry out an independent investigation into the alleged conversion of permanent contracts to short-term contracts to the detriment of trade union members, and to keep it informed of developments in this respect.
2. 85. In its communication of 26 August 2005, the Government states that the outcome of the administrative proceedings initiated by the coalition of the Trade Union of Workers of the Salvadoran Social Security Institute (STISSS) and the Union of Doctors and Workers of the Salvadoran Social Security Institute (SIMETRISSS) against the decision of the General Labour Director not to allow the review of the arbitration award is still pending, awaiting the decision of the Division of Administrative Law of the Supreme Court of Justice. The Committee will be informed of the outcome of the proceedings once the Division has handed down its ruling. With regard to the decision of the Office of the Attorney-General of the Republic regarding the allegation concerning the eviction of STISSS from its premises, the Government will request that the Office of the Attorney-General of the Republic provide it with a report which will be communicated to the Committee. As to the alleged change of permanent contracts to short-term temporary contracts to the detriment of the members of the trade union, the Government explains that, in the wake of the 2003 strike which involved the STISSS and SIMETRISSS trade unions, the Salvadoran Social Security Institute authorities (ISSS) and the two abovementioned trade unions concluded an “agreement for the resolution of the health conflict and the beginning of the comprehensive reform process”, which set out, among other things, the ISSS’ obligation to reinstate all those workers who had participated in the abovementioned strike in their posts under the same conditions. Once the agreement was signed, the ISSS was unable to fully comply with its obligations, given that the posts of the workers concerned had already been filled by other workers and doctors. This meant that the workers could only be reinstated through the conclusion of individual employment contracts for an indefinite period. Furthermore, in order to settle payment of the wages of workers and doctors not drawn during the strike, the agreement contained a reference to the existence of a parallel short-term contract (three months) for provision of services during periods additional to those covered by the contract for an indefinite period. This provision has now disappeared, along with Clause 35 of the arbitration award which served as a foundation for a collective agreement, registered with the General Labour Directorate on 4 May of this year, establishing that any person contracted by the ISSS is held to be a public employee, without guaranteed job security being adversely affected.
3. 86. The Committee notes this information. The Committee awaits: (1) the ruling of the judicial authority on the refusal by the ISSS to accept the coalition of the STISSS and SIMETRISSS trade unions with regard to reviewing the arbitration award; and (2) the decision of the Office of the Attorney-General of the Republic concerning the alleged eviction of the trade union from its premises.