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

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

Article 1 of the Convention. Exclusion of public servants. The Committee recalls that under article 47 of the Constitution of the Republic, civil servants and public employees did not enjoy the right to establish unions. The Committee notes with satisfaction that article 47 of the Constitution, as amended by Decree No. 33 of June 2009, establishes that employers and workers in the private sector, without distinction as to nationality, sex, race, creed or political views, regardless of the activity or the nature of the work they perform, have the right to associate freely in order to defend their respective interests, by forming professional associations or unions; the same right applies to workers in autonomous official institutions, civil servants, public employees and municipal employees. The Committee notes in this connection that legal personality has recently been granted to a number of unions in ministries, municipalities and the judiciary.

In its previous comments, the Committee referred to section 4(k) and (l), under which certain categories of public employees are excluded from the safeguards established in the Convention. The Committee understands that some of the former provisions of the Civil Service Act have been eliminated following the amendment of the Constitution and asks the Government to provide particulars.

Articles 6, 7 and 8. Facilities and procedures for determining the conditions of employment of public employees. In its previous comments, the Committee asked the Government to send information on the measures taken to apply the Convention and to indicate whether, in the context of collective bargaining, it was possible to establish facilities for trade unions. The Committee notes in this connection that, according to the Government, with the amendment of the Constitution, the right of public employees to collective bargaining has been recognized. The Government adds that it will take the necessary measures to promote collective bargaining processes in the public sector and that the Ministry of Labour will launch a process for training of the staff of the Civil Service Tribunal in procedures regarding collective disputes of an economic nature. It further notes that, according to the Government, a number of collective agreements have been registered in the public sector which include trade union leave and time off, contributions for social, cultural, artistic and sports facilities and the grant of trade union premises. The Committee requests the Government to examine with the social partners how to promote, on a broader basis, the facilities to be granted to workers’ representatives, and to provide information on any developments regarding the legislation that applies to collective bargaining and dispute settlement.