Rural Workers' Organisations Convention, 1975 (No. 141) - El Salvador (Ratification: 1995)

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

Article 3 of the Convention. The right of all rural workers to establish organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government on the existing categories of rural workers’ associations (agricultural workers’ trade unions, agricultural production cooperatives, agricultural associations) and the number of each of these (49 agricultural workers’ trade unions with a total of 4,916 members, 397 agricultural production cooperatives, of which 132 are farming cooperatives and 265 are agrarian cooperatives).

Article 46. Development of rural workers’ organizations and their role in economic and social development. In its previous comment, having noted the Government’s indication that there was no policy aimed at rural workers’ organizations, the Committee recalled that the Convention not only establishes that rural workers shall freely exercise their right to organize, but also provides that the State shall further the development of rural workers’ organizations and promote their participation, through their organizations, in economic and social development. The Committee requested the Government, in consultation with the organizations concerned, to take the measures necessary to facilitate, firstly, the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers and, secondly, their participation in the economic and social development process of the country. The Government notes that the Government reiterates that, while there is no national policy aimed at promoting rural workers’ organizations, the Ministry of Agriculture and Livestock, the Salvadorean Institute for Cooperative Development and the Agricultural Development Bank have developed projects and undertaken actions to strengthen the agricultural sector as a whole. The Committee also notes the Government’s indication that a draft updated Labour Code is being examined in order to reaffirm the promotion of the rights of rural workers’ organizations. The Committee also notes the Government’s indication that there are four collective labour agreements in force in the agricultural sector, which are registered with the National Department for Social Organizations of the Ministry of Labour and Social Welfare. Recalling once again that the Convention provides that the State shall further the development of rural workers’ organizations and promote their participation, through their organizations, in economic and social development, the Committee once again requests the Government, in consultation with the organizations concerned, to take the measures necessary to facilitate, firstly, the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers and, secondly, their participation in the economic and social development process of the country. The Committee encourages the Government to take into account the above with regard to the aforementioned draft updated Labour Code, and requests it to provide information on any progress made with the draft text. The Committee also requests the Government to continue to provide information on the number of collective agreements in force in the rural sector and the number of workers covered.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. The right of all rural workers to establish organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government regarding the existing categories of rural workers’ associations (agricultural workers’ trade unions, agricultural production cooperatives, agricultural associations), the legislation applicable to those and the numbers of each of those (35 agricultural workers’ trade unions, 2,091 agricultural production cooperatives and 259 agricultural associations). The Committee requests the Government to continue providing information in this respect, indicating also the number of agricultural workers, employees or self-employed, who are members of the organizations in question.

Articles 4–6. Development of rural workers’ organizations and their role in economic and social development. The Committee notes the Government’s indication that labour inspection visits in agricultural cooperatives have gradually decreased due to the progressive dissolution of most of these, particularly those related to the agricultural reform. The Committee also notes the Government’s indication that, while in the framework of the five-year development plan, activities were carried out to build the productive capacities of agricultural workers, there is no specific policy aimed at rural workers’ organizations. The Committee recalls that the Convention not only establishes that rural workers shall freely exercise their right to organize, but also provides that the State shall further the development of rural workers’ organizations and promote their participation, through their organizations, in economic and social development. The Committee therefore requests the Government, in consultation with the organizations concerned, to take the measures necessary to facilitate, firstly, the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers and, secondly, their participation in the economic and social development process of the country. The Committee also requests the Government to send information on the number of collective agreements in force in the rural sector and the number of workers covered.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Article 3 of the Convention. In its previous comments, the Committee requested the Government to indicate the number of rural workers’ organizations existing and the number of rural workers who are members of both rural organizations and other trade union organizations. In this respect, the Committee notes the Government’s indication that the National Department of Social Organizations of the General Directorate of Labour has registered five rural workers’ organizations (the Union of Self-Employed Indigenous Rural Workers of El Salvador (INCAS), the Union of Self-Employed Stock-Raising Workers of El Salvador (SITRIAS), the Union of Self-Employed Agricultural Workers of the Canton of Achiotales (SITIACA), the Union of Agricultural Self-Employed Workers of El Salvador (SITRAES) and the Union of Self-Employed Workers of the Communal National Coordinator of Indigenous Persons in El Salvador (CCNIS)), and that the above organizations have a total of 219 worker members.

Article 4. The Committee also requested the Government to provide information on the measures adopted to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers. In this respect, the Committee notes the Government’s indication that: the National Department of Social Organizations of the Ministry of Labour and Social Insurance provides advice to workers on the procedures for the registration of trade unions and collective agreements, which have been simplified; a guide will be published containing the requirements and procedures for the establishment of trade unions; and the labour legislation of El Salvador will be disseminated through brochures. Finally, the Government indicates that in the context of the report entitled “The Labour Dimension in Central America and the Dominican Republic”, the importance is acknowledged of strengthening and protecting collective labour rights, particularly in relation to anti-trade union discrimination, and of facilitating the establishment of trade unions. The Committee requests the Government to continue taking the necessary measures to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and its reply to the comments made by the Inter-Union Committee of El Salvador on 12 September 2002, relating to various aspects of the Government’s opposition to the establishment of rural workers’ organization and the low number of trade union organizations existing due to the numerous obstacles that they have to overcome to be established.

The Committee notes that the Government has not provided precise information in relation to the comments of the Inter-Union Committee of El Salvador, but has confined itself to indicating that it is undertaking a study of labour relations and that, once completed, it will have to be approved by the tripartite members of the Higher Labour Council.

The Committee recalls that Article 3 of the Convention establishes the right for all categories of rural workers, whether they are wage earners or self-employed, to establish and join organizations of their own choosing without previous authorization. In this respect, the Committee requests the Government to provide information in its next report on the number of rural workers’ organizations existing and the number of rural workers who are members of both rural organizations and other trade union organizations.

The Committee also requests the Government to provide information on the measures adopted to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers as an effective means of ensuring the participation of these workers in economic and social development and the benefits resulting therefrom, in accordance with Article 4 of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

It also notes the comments of 12 September 2002 sent by the Inter-Union Committee of El Salvador on the application of the Convention and requests the Government to send its observations thereon.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and recalls that in its previous direct request it made the following comments.

Article 3 of the Convention. The Committee requests the Government to specify whether the Constitution's provisions (sections 47 and 48) and those of the Labour Code issuing the requirements of the establishment of a trade union organization, the acquisition of legal personality, suspension and dissolution, the right to establish federations and confederations, protection against acts of trade union discrimination and interference and the exercise of the right to strike also apply to rural workers.

Article 4. The Committee requests the Government to provide information regarding the approximate number of workers who are members of rural organizations but do not belong to cooperatives.

Articles 5 and 6. The Committee requests the Government to provide information on the actual results achieved by adopting the measures set out in its report, and whether such measures have made a specific contribution to the strengthening and increased participation of rural organizations in economic and social development, as well as to enhancing working conditions.

The Committee notes the information provided by the Government to the effect that not only the Constitution's provisions (sections 47 and 48 relating to the right of association and to strike), but also those laid down in the Labour Code, which refer to the establishment and functioning of trade unions, can be applied to rural workers' organizations, provided that these are established as trade unions and fulfil the requirements laid down in the above Labour Code on their establishment. Where they are not established as a trade union, the provisions governing these organizations are article 7 of the Constitution on the right of association and the provisions of the General Law on Cooperative Associations.

The Committee nevertheless notes that, according to the information provided by the Government, only 36 workers are affiliated to non-cooperative rural organizations, who have established the Agricultural, Stock-raising and Industrial Workers Trade Union of San Isidro. In this respect, the Committee requests the Government to take measures so that the requirements respecting minimum membership, minimum levels of education and the necessary minimum funds (for example, those contained in Recommendation No. 149 concerning organizations of rural workers and their role in economic and social development) do not impede the development of organizations in rural areas, particularly since 55 per cent of the population in El Salvador live in rural areas.

With regard to the actual results of the adoption of the measures indicated in the 1997 report for the increased participation of rural organizations in social and economic development, as well as the improvement of their working conditions, the Committee takes due note of the Government's statement to the effect that the production of certain crops has increased through specialized workers' training programmes in cultivation and harvesting. Similarly, as a result of the increased participation of this sector in defending its interests the cancellation of the agrarian debt has been cancelled.

In this respect, the Committee requests the Government in its next report to provide it with the actual results achieved in adopting measures which strengthen and increase rural workers' participation in economic and social development, as well as enhancing working conditions.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its first report on the Convention and wishes to make the following comments:

Article 3 of the Convention. Rural workers' organizations shall be independent and voluntary in character. The Committee requests the Government to specify whether the provisions of the Constitution (sections 47 and 48) and the provisions of the Labour Code relating to the requirements for establishing a trade union organization, the acquisition of legal personality, suspension and dissolution, the right to establish federations and confederations, protection against acts of anti-union discrimination and interference, and the exercise of the right to strike also apply to rural workers.

Article 4. The Committee requests the Government to provide information on the approximate number of workers who are members of rural organizations but do not belong to cooperatives.

Articles 5 and 6. The Committee requests the Government to provide information on the actual results of the adoption of the measures indicated in its report, and as to whether such measures have made a specific contribution to the strengthening and increased participation of rural organizations in economic and social development, as well as to enhancing working conditions.