Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - El Salvador (Ratification: 1995)

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The Committee notes the observations made by the Trade Union Confederation of Workers of El Salvador (CSTS), received on 13 July 2023, in which it indicates that it is necessary to amend the Civil Service Act and the Municipal Administrative Careers Act to explicitly prohibit sexual harassment and harassment at work of women and men workers in the public and municipal sectors, and to establish the respective penalties and provide training to the labour inspection services. The Committee requests the Government to provide its comments in this regard.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In reply to the Committee’s previous comment, the Government indicates in its report that, following its reform in 2018, section 113 of the Labour Code protects women workers against termination of employment from the beginning of the pregnancy until six months following postnatal leave, including where there has been a justified reason for termination prior to or during the protected period. The Committee notes with satisfaction that in 2023 section 113-A was added to the Labour Code which guarantees the immediate reinstatement of a woman who has been dismissed while pregnant or during the postnatal period. The Committee also notes the information provided by the Government that, between 2018 and 2021, a total of 1,771 inspections were carried out to enforce the labour rights of women, of which 23 were based on discrimination against pregnant women. The Committee requests the Government to continue providing information on the number of complaints lodged during the period covered by the report alleging discrimination based on pregnancy and maternity, including complaints under sections 113 and 113-A of the Labour Code, and to indicate the sectors concerned – including the maquila sector, the violations observed, the penalties imposed and the remedies granted.

Sexual harassment. The Committee notes the Government’s indications that: (1) section 55 of the Regulations on workplace risk prevention management of 2012 envisages educational measures to promote a healthy work environment, including awareness-raising on the causes and effects of sexual harassment, and the establishment of an investigation and early warning mechanism for problems associated with psychosocial risks, and that 40,073 workers received training between 2018 and 2021; (2) the El Salvador Institute for the Development of Women has developed institutional guidance which includes the establishment in each institution of an institutional gender unit and a gender commission, the responsibilities of which include the development of protocols to combat violence at work, harassment at work and sexual harassment at the workplace; (3) the General Act on workplace risk prevention of 2014 envisages 49 violations for breaches of its provisions, and there are 133 administrative cases of violations; and (4) there has been a conviction for sexual harassment under section 165 of the Penal Code. The Committee also observes that section 29 of the Labour Code was amended by Decree No. 900/2018 to set out the requirement for employers to refrain from engaging in sexual harassment and harassment at work. The Committee notes this information with interest. The Committee finally notes that the CSTS indicates in its observations that sexual harassment and harassment at work should be explicitly prohibited in the public sector. The Committee requests the Government to take the necessary measures to: (i) define and prohibit in law sexual harassment in employment and occupation (both quid pro quo and hostile working environment harassment); and (ii) establish penalties for acts of sexual harassment that are sufficiently dissuasive, as well as adequate remedies. The Committee also requests the Government to continue providing information on the prevention and awareness-raising measures adopted and the number of complaints of sexual harassment received, the sanctions imposed and the remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.