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

Minimum Wage Fixing Convention, 1970 (No. 131) - El Salvador (Ratification: 1995)

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The Committee notes the observations of the Trade Union Confederation of Workers of El Salvador (CSTS), received on 17 May 2023.

Article 1 the Convention. Coverage of all groups of wage earners. The Committee notes that, in its observations, the CSTS indicates that the National Minimum Wage Council (CNSM) has so far not issued a specific minimum wage for domestic workers, a situation which in many cases exposes such workers to exploitation. The Committee requests the Government to provide its comments in this regard.

Article 4(2). Full consultation with the social partners. Functioning of the National Minimum Wage Council (CNSM). Further to its previous comment, the Committee notes the Government’s indication in its report, with reference to the information supplied by the Supreme Court of Justice (CSJ), that the unconstitutionality proceedings referred to by the National Business Association and the International Organisation of Employers (IOE), were found inadmissible in 2021 by the CSJ. The Government also indicates that the representatives of employers consulted to determine the minimum wage increase in 2021 did not support its increase. The Committee observes that, in the context of supervising the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the matter of nominating representatives of the social partners to the various social dialogue bodies, including the CNSM, is being examined. The Committee notes the June 2023 discussions in the Conference Committee on the Application of Standards regarding the application of Convention No. 144, during which reference was also made to this matter. The observations of the IOE received on 10 November 2022 on this same Convention contain allegations that its representatives on the CNSM had still not been nominated, four months after being elected. The Committee requests the Government to provide its comments in this regard. It also refers to its comments on the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).