Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Relations (Public Service) Convention, 1978 (No. 151) - El Salvador (Ratification: 2006)

Article 1 of the Convention. Public servants excluded from the guarantees of the Convention. In its previous comments, the Committee noted the amendment to article 47 of the Constitution to recognize the right of public servants and employees, and of municipal employees, to establish occupational associations or unions. Further to this constitutional reform, the Committee also requested information on the possible amendment of section 4(k) and (l) of the Civil Service Act (LSC), which excluded certain categories of public employees from the guarantees of the Convention. The Committee notes that the Government reports the submission on 24 May 2011, following a successful process of dialogue with the 59 public sector unions on a preliminary draft reform of the LSC, including the amendment of section 4 and the reduction of the categories of public servants excluded from the civil service regime. In this regard, the Committee recalls that, under the terms of Article 1 of the Convention, the only categories of public employees in respect of which national laws or regulations may determine the extent to which the guarantees provided for in the Convention shall apply are: (i) high-level employees whose functions are normally considered as policy making or managerial; (ii) employees whose duties are of a highly confidential nature; and (iii) the armed forces and the police. While noting that the Government refers in its report to various draft legislative amendments relating to the public service, the Committee trusts that the revision of the LSC will be adopted in the near future so as to ensure that all the public employees covered by the Convention benefit in practice from its guarantees. The Committee requests the Government to report any developments in this regard.

Article 4. Protection against anti-union discrimination and against acts of interference. The Committee notes the Government’s indication that the preliminary draft Public Service Bill submitted to the Legislative Assembly affords protection against any act of anti-union discrimination and contains provisions protecting trade union representatives. In this respect, observing that the LSC does not contain provisions on these matters, the Committee recalls the need for the national legislation to contain an explicit prohibition of any act of anti-union discrimination against public employees, and against any act of interference by the public authorities in the establishment, operation or administration of organizations of public employees, and for such acts to give rise to dissuasive sanctions. Trusting that the current legislative reform will give full effect to Article 4 of the Convention, the Committee requests the Government to provide information on any developments in this respect.

Article 6. Facilities to be afforded to public employees’ organizations. The Committee notes the Government’s indication that the Civil Service Tribunal refers to Article 6 of the Convention when it is consulted on matters relating to the facilities to be afforded to public employees’ organizations. The Committee also notes that the preliminary draft Public Service Bill contains provisions respecting the facilities to be afforded to trade union representatives. Observing that the LSC does not contain provisions on these matters, the Committee trusts that the current legislative reform will give full effect to Article 6 of the Convention and requests the Government to report any developments in this regard.

Article 7. Participation in determining terms and conditions of employment. The Committee notes with interest the information provided by the Government concerning the conclusion of seven collective agreements with public institutions and that two other collective contracts are currently under negotiation. The Committee also welcomes the training in collective bargaining provided for trade union leaders in the public sector (1,288 persons trained). Furthermore, the Committee refers to its observation on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in which it requests the revision of the legislative provisions on the negotiation of the terms and conditions of employment of public employees.