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

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

The Committee takes note of the Government’s first report.

Article 1 of the Convention. Exclusion of public servants. The Committee notes that the Government points out in its report that section 4 of the Civil Service Act indicates the categories of public employee excluded from the guarantees of the Convention. The Committee notes that section 4(k) and (l) refer to the following categories: command, supervisory and security staff in prisons; inspectors and guards in juvenile detention centres and customs; permanent representatives and deputy permanent representatives of the Directorate-General for Migration; customs administrators, assistant customs administrators and their secretaries; public servants occupying the positions of directors, deputy directors and directors’ secretaries; managers, heads of department and section, collectors, treasurers, cashiers, administrators, warehouse security staff, warehouse personnel and auditors in any public institution department, as well as those who manage public or municipal funds or other assets which are held in the custody of the State or are deposited with the State for any other reason, or those who are obliged to give an account to the Treasury as part of their duties; and in general, public servants who are responsible for the processing of payment orders. The Committee considers that, with the exception of command staff in prisons, the other categories cannot be regarded as employees with policy-making functions or duties of a confidential nature within the meaning of the Convention, and should therefore enjoy fully the guarantees of the Convention. The Committee requests the Government to take the necessary measures to amend section 4(k) and (l) of the Civil Service Act in the manner indicated above.

Declaration of unconstitutionality. The Committee also notes that, in a decision of 31 October 2007, the Constitutional Chamber of the Supreme Court of Justice found that it was unconstitutional to extend the right to freedom of association to public employees, who are not included among the holders of that right under section 47 of the Constitution of the Republic, which refers only to private workers (O.J. 203 T.377 of 31 October 2007). The Committee notes the information provided by the Government according to which the section of the Constitution in question is in the process of being reformed and will be submitted to the Legislative Assembly in 2009. The Committee requests the Government to provide information on any developments relating to the draft constitutional reform and hopes that the application of the Convention to public employees will be ensured.

Articles 6 and 7. Facilities. The Committee notes the information provided by the Government that efforts are being made to apply the Convention in this regard. The Committee requests the Government to provide information on any developments relating to this matter and indicate whether, in the context of collective bargaining, it is possible to establish facilities in favour of trade unions.

Articles 7 and 8. The restrictions on the collective bargaining rights of minority unions are examined in the Committee’s examination of the application of Convention No. 98.