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

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 observed that sections 4(k) and (l) of the Civil Service Act (LSC) exclude certain categories of public employees from the guarantees of the Convention. The Committee notes the Government’s indication that a draft updated version of the Labour Code is currently under examination and that it takes the Committee’ recommendations into account, which will subsequently make possible the amendment of the LSC. In this regard, the Committee recalls that under 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 the draft updated version of the Labour Code indicated by the Government, the Committee requests the Government to swiftly take the necessary measures to revise the LSC to ensure that all public employees covered by the Convention effectively enjoy its guarantees. The Committee requests the Government to provide information of any developments in this regard.

Article 4. Protection against anti-union discrimination and against acts of interference. In its previous comment, the Committee noted the absence of specific provisions in the LSC related to protection against anti-union discrimination and acts of interference. The Committee notes the Government’s indication that section 47 of the Constitution, sections 32(j) and (m) of the LSC and the ruling for protection of constitutional rights No. 433-2005 of the Constitutional Chamber of the Supreme Court of Justice govern protection against any act of anti-union discrimination in the public administration. The Committee duly notes the content of section 47 of the Constitution and, in particular, of section 32 of the LSC, which prohibits discrimination against public servants on grounds of their membership of a trade union, or reprisals taken against them on the same grounds. While observing that the cited legislation governs protection against anti-union discrimination for trade union leaders and members in general, the Committee nonetheless observes that the LSC contains no provisions which: (i) define applicable penalties in the event of anti-union discrimination against trade union leaders and members in general; and (ii) prohibit acts of anti-union interference. The Committee recalls once more 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. The Committee therefore requests the Government, in consultation with the representative organizations concerned, to take the necessary measures to adopt legal provisions expressly prohibiting acts of anti-union interference in the public administration, and to establish dissuasive sanctions both for such acts and also for anti-union discrimination. The Committee requests the Government to provide information on all progress in this regard.

Article 6. Facilities to be afforded to public employees’ organizations. In its previous comment, the Committee observed that the LSC does not contain provisions on facilities to be afforded to public employees’ organizations and trusted that the current legislative reform would give full effect to the application of Article 6 of the Convention. The Committee notes the Government’s indication that: (i) the Criteria and Guidelines for the Provision and Administration of Trade Union Leave for Representatives of Public Servants in the Executive have been drawn up; and (ii) the Constitutional Chamber of the Supreme Court of Justice, through Decision No. 746-2011, establishes trade union leave for public employees. The Committee regrets that the Government has not provided information on the preliminary draft Public Service Bill which contains provisions respecting the facilities to be afforded to trade union representatives and that there continues to be no legal provision in place in this respect. The Committee requests the Government to report on any development concerning the preliminary draft Public Service Bill which contains provisions regarding the facilities to be afforded to public employees’ organizations, as well as on other legal action to give full effect to the application of Article 6 of the Convention.

Article 8. Settlement of disputes. As El Salvador has ratified the Collective Bargaining Convention, 1981 (No. 154), in 2022, the scope of which covers the public service, the Committee refers to its comments on the application of that Convention in respect of this matter.