Workers' Representatives Convention, 1971 (No. 135) - El Salvador (Ratification: 2006)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1 of the Convention. Protection of workers’ representatives. In its previous comments, the Committee requested the Government to continue taking the necessary measures to amend the legislation in order to ensure that the fines imposed in the event of anti-union dismissal (approximately US$57 for any labour violation) are effectively dissuasive and to further strengthen the penalties imposed in cases of such dismissal. The Committee notes the Government’s indication that Legislative Decree No. 519, published in the Official Bulletin on 31 October 2022, amends section 627 of the Labour Code and establishes fines of up to 12 times the minimum wage, in the industrial, commercial and services sectors, for each of the offences provided in books I, II and III of the Labour Code and in other labour laws which do not provide for special penalties. The fines vary according to the size of the enterprise, the seriousness of the violation, whether there was intent, and the harm caused. The Committee also notes the Government’s indication that the new reform has resulted in fewer violations of workers’ labour rights in recent years, and that the Directorate for Inspection of the Ministry of Labour and Social Welfare investigated 62 cases of dismissal of trade union leaders at national level in 2022, and 33 cases in 2023. While welcoming the above-mentioned legislative amendment, the Committee observes that the Government has not provided information on the classification of fines according to gravity nor on the typology of dismissals and other anti-union acts against workers’ representatives. The Committee requests the Government to provide information in this regard, and also on the imposition in practice of fines for anti-union dismissal and other anti-union acts.

Article 2. Facilities afforded to workers’ representatives. In its previous comments, the Committee requested the Government to provide information on the facilities afforded to workers’ representatives included in the main collective agreements in force concluded in the private sector. The Committee notes the information provided by the Government in respect of three collective agreements concluded in the private sector. The Committee observes that only one of the three mentioned collective agreements grants facilities to workers’ representatives to enable them to carry out their functions. In light of the above, the Committee requests the Government to: (i) adopt the necessary measures to foster the granting to workers’ representatives of the facilities to enable them to carry out their functions promptly and efficiently with due regard to the effective functioning of the undertakings concerned; and (ii) continue providing information on specific clauses in existing collective agreements in the private sector related to facilities for workers’ representatives.

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

Article 1 of the Convention. Protection of workers’ representatives. In its previous comments, the Committee noted the results of action taken by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment leading to the reintegration of a substantial number of trade union leaders who had been dismissed. The Committee requested the Government to revise the fines that are imposed in cases of anti-union dismissal (approximately US$57 for any labour violation) in order to ensure that they are sufficiently dissuasive and to report on all measures to strengthen the protection provided for in the Convention.

The Committee notes that the Government has provided information on the presentation on 21 January 2014 of the draft bill on the Regulatory Act of the Labour and Social Protection Sector in which acts of anti-union discrimination, including the removal of a worker subject to immunity from dismissal, are classified as very serious offences which can result in penalties of between one and ten minimum monthly wages. The Government has also provided information on the impetus given to labour inspection so that trade union leaders are reinstated in cases of anti-union dismissals. Recalling the importance of ensuring that the fines imposed in case of anti-union dismissal are effectively dissuasive, the Committee requests the Government to continue taking the necessary measures to amend legislation in accordance with the principle mentioned, further strengthening the penalties applicable in this case. The Committee requests the Government to report on any development in this regard.

Article 2. Facilities afforded to workers’ representatives. In its previous comments, the Committee requested the Government to provide information on the facilities afforded to workers’ representatives included in the main collective agreements in force concluded in the private sector. While it notes the general information provided by the Government, the Committee once again requests it to provide information on specific clauses of existing collective agreements in the private sector relating to the facilities afforded to workers’ representatives.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Protection of workers’ representatives. In its previous comments, the Committee noted that the Ministry of Labour and Social Welfare had set up a special group to monitor effective compliance with the provisions on discrimination, which forms part of the Special Unit on Gender and the Prevention of Acts of Labour Discrimination, under the Labour Inspection General Directorate. It asked the Government to provide information on the work carried out by this Unit, the violations reported and the measures adopted. The Committee notes that in 2008 the Government indicates that the Special Unit on Gender and the Prevention of Acts of Labour Discrimination dealt with 49 cases of dismissals of trade union officials in the private sector and that, in 25 of the cases, the workers were reinstated, and in 24 formalities were begun to impose fines; there were also ten cases of dismissals of founding members, in which there were no reinstatements and procedures to impose fines were commenced. Between January and June 2009, 17 cases of dismissals of trade union leaders were dealt with, and in seven of this, the officials were reinstated, and in the other ten, procedures for the imposition of fines were started. Furthermore, there were seven cases of dismissals of founding members of unions, in five of which the members were reinstated. The Government adds that at present the tendency is towards the reinstatement of trade union officials, in accordance with ILO Recommendation No. 143, and that a special protocol is to be formulated to identify discriminatory labour practices based on trade union membership, the aim being to reinforce protection of workers’ representatives against anti-union acts. While taking due note of this information, particularly the Government’s efforts to secure reinstatement of trade union leaders in the event of anti-union dismissal, the Committee requests the Government to review the amount of the fines imposed for anti-union dismissal to ensure that they are sufficiently dissuasive. It asks the Government to provide information on any developments in this regard and on any measures to reinforce the protection established in the Convention.

Article 2. Facilities for workers’ representatives. In its previous comments, the Committee asked the Government to provide information on the facilities established in the main collective agreements in force. It notes the information sent by the Government to the effect that collective agreements have been registered in the Salvadorean Social Security Institute (ISSS), the National Water and Sewage Department (ANDA) and the Rio Lempa Hydroelectric Executive Board. The Government refers to specific clauses in the abovementioned agreements establishing trade union leave and time off, contributions for social, cultural, artistic and sports facilities and the grant of trade union premises. While noting this information, the Committee asks the Government to provide particulars of the facilities provided for in existing collective agreements concluded in the private sector.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report.

Working group. The Committee notes the information provided by the Government that the Ministry of Labour and Social Welfare has set up a special group to monitor effective compliance with the provisions on discrimination, which forms part of the Special Unit on Gender and the Prevention of Employment-Related Discrimination, under the Labour Inspection General Directorate. The Committee requests the Government to provide information on the work carried out by this Group, the violations reported and the measures adopted.

The Committee notes that section 29 of the Labour Code establishes the obligation for the employer to grant leave to trade union leaders to enable them to carry out their duties and section 252 establishes the obligation for the employer to deduct trade union dues on behalf of the union. The Committee notes that the Government indicates in its report that it is possible to establish by means of collective agreements facilities to enable trade union functions to be carried out promptly and efficiently. The Committee requests the Government to provide information on the facilities contained in the main collective agreements in force and the text of the relevant clauses.