Social Security (Minimum Standards) Convention, 1952 (No. 102) - El Salvador (Ratification: 2022)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report.

It also notes the observations made by the National Confederation of Salvadoran Workers (CNTS), the Trade Union Confederation of Workers of El Salvador (CSTS), the Autonomous Central of Salvadoran Workers (CATS) and the Single Confederation of Salvadoran Workers (CUTS), received on 6 September 2024, and the observations made by the CNTS and the CSTS, received on 31 August 2025. The Committee requests the Government to reply to those observations.

The Committee notes the Government’s indication in its report that it has reserved the acceptance of certain Parts of the Convention, including Parts I, XI, XIII and XIV. In this regard, and in general terms, the Committee wishes to recall that, in accordance with Article 2(b) of the Convention, each Member shall specify in its ratification in respect of which branches of social security as regulated in Parts II to X it accepts the obligations of the Convention. All Members which have ratified it are required to comply with the rest of the Convention, and particularly Parts I, XI, XII, XIII and XIV, which are essential to assess correctly the level of compliance with the accepted branches of social security. In this context, and in general terms, the Committee requests the Government to provide the information required in the report form on the provisions contained in Parts I, XI, XII, XIII and XIV of the Convention.

Articles 9, 15, 27, 33, 55 and 61 of the Convention, in relation to Article 76. Persons protected and coverage.The Committee requests the Government to identify, for each of the Parts that have been accepted, the paragraph of the corresponding Article to which recourse is had to ensure the effective coverage of the persons protected under the terms set out in the Convention, and to provide statistical data in the form envisaged in the report form, particularly for the various Titles under Article 76.

Articles 16, 28, 36, 56 and 62, in relation to Articles 65, 66 and 67. Replacement rate and calculation of periodical payments. The Committee requests the Government to indicate, for each of the Parts accepted, whether it has recourse to Article 65, 66 or 67 for the calculation of the amount of periodic benefits, and to provide all the information required by the report form, and particularly in the various Titles under those Articles, including information on the adjustment of the amounts of periodic payments for long-term benefits (old-age, invalidity, survivors’ and employment injury, with the exception of incapacity for work), where applicable.

Articles 12, 18, 30, 38, 52, 58 and 64, in relation to Article 69. Reasons for the suspension of the benefit. The Committee requests the Government to indicate, for each of the Parts of the Convention that have been accepted, the reasons for which the benefit to which persons protected are entitled could be suspended.

Part V (Old-age benefit). Article 29(2), in relation to Article 30. Reduced old-age pension for life. The Committee notes that, in accordance with section 125 of the Comprehensive Act on the pensions system (Decree No. 614 of 21 December 2022), insured persons who reach the statutory age to qualify for old-age benefits and have completed periods of contribution between a minimum of ten years and a maximum of 20 years, may receive a Temporary Cash Benefit and the repayment of the contribution made to the Solidarity Guarantee Account. The Committee recalls that both the full and the reduced old-age benefit, as envisaged in Article 29(2) of the Convention, for persons who have completed 15 years of contributions, shall be granted throughout the contingency. The Committee requests the Government to provide information on the measures adopted to ensure that persons protected who have completed a period of 15 years of contribution are entitled to a reduced old-age benefit for life.

Part VI (Employment injury benefit). (i) Article 34(2). Medical assistance at home and through members of other professions. The Committee requests the Government to indicate whether the benefit includes medical assistance at home, including care furnished by nurses, as well as by members of other professions legally recognized as allied to the medical professions, under the supervision of a medical or dental practitioner.

(ii) Article 35. Cooperationin relation to vocational rehabilitation. The Committee requests the Government to provide information on the measures adopted to ensure cooperation, wherever appropriate, between institutions responsible for the provision of medical care and general vocational rehabilitation services with a view to the rehabilitation for suitable work of persons with reduced capacity.

(iii) Article 36, in relation to Articles 32 and 38. Periodic payment benefits,conversion into a lump sum and survivors’ benefit. The Committee notes that section 34 of the Regulations on the application of the social security scheme (Decree No. 37 of 12 May 1954) provides for a full disability pension for any decrease in capacity for work of over 66 per cent, while in the case of incapacity higher than 20 per cent and equal to or lower than 35 per cent, the pension is temporary and is provided for a period of three years. The Committee also notes that, in accordance with section 38 of the Regulations, only beneficiaries of the full disability pension create entitlement to survivors’ benefit in the event of their death. The Committee recalls that benefits consisting of a periodical payment, whether in the event of the partial or total loss of earnings capacity, or corresponding loss of faculty, shall be granted throughout the contingency, and may only be commuted for a lump sum where the degree of incapacity is slight, or where the competent authority is satisfied that the lump sum will be properly utilized. In this context, the Committee requests the Government to provide information on the measures adopted to ensure that periodical payment benefits provided in respect of employment injury are granted throughout the contingency, and that the commutation for a lump sum is in conformity with the requirements of Article 36(3) of the Convention. The Committee also requests the Government to indicate whether the national legislation provides for a survivors’ benefit in the event of the death of a beneficiary of a disability pension that is lower than the full benefit.

(iv) Article 37, in relation to Articles 34 and 36. Qualifying period. The Committee requests the Government to indicate whether all protected employed persons throughout the national territory in the event that they are the victims of an accident or contract a disease are entitled to the benefits set out in Articles 34 and 36 of the Convention and, in the event of the death of the breadwinner, whether the widow and children of such a person are entitled to the periodical payment benefit envisaged in Article 36 of the Convention, without the requirement of any period of residence.

Part X (Survivors’ benefit). Article 64, in relation to Article 69. Duration of the benefit. The Committee notes that section 43 of the Regulations on the application of invalidity, old-age and survivors’ benefit (Decree No. 117, of 25 September 1968) grants a pension for life if the widow is a permanent invalid or is aged 60 years or over, and a temporary benefit if she is below that age. The Committee also notes that the temporary pension will be granted for three years or, if the beneficiary has children, until the youngest child reaches the age of six years. Finally, the Committee notes that, under section 44 of the Regulations, a widow who has benefited from a temporary pension and who has not been married or cohabited, once again becomes entitled to receive the pension for life when she reaches the age of 60 years, and that under the terms of section 46, a widow’s pension ceases in the event of marriage or cohabitation. The Committee recalls that, in accordance with Article 64 of the Convention, the benefit shall be granted throughout the contingency. The Committee further recalls that Article 69 of the Convention only envisages the suspension of survivors’ benefit for as long as the widow is living with a man as his wife. In this context, and noting that the age for entitlement to the old-age pension in El Salvador is 55 years, the Committee requests the Government to indicate the reasons justifying the granting of a temporary widow’s pension to widows who are under 60 years of age, and the measures adopted to ensure that, in the event of cohabitation, the widow’s pension is only suspended temporarily for as long as the cohabitation lasts.

Part XII (Equality of treatment of non-national residents). Article 68. Principle of equality of treatment.The Committee requests the Government to indicate whether non-national residents have the same rights as national residents. It also requests the Government to provide information on the existence of specific rules or bilateral or multilateral agreements providing for reciprocity, as indicated in the report form.

Part XIII (Common provisions). (i) Article 70. Right of appeal. The Committee requests the Government to provide information on the complaint procedures which assist claimants in case of refusal of the benefit or disagreement as to its quality or quantity.

(ii) Article 71. Financing and stability of the system. The Committee requests the Government to provide information on the origin of the resources for each scheme concerned for each of the Parts that have been accepted, in accordance with the report form. The Committee also requests the Government to provide information onthe necessary actuarial studies concerning the financial equilibrium.

(iii) Article 72. Participation in management. The Committee requests the Government to indicate whether the persons protected are represented in the management of the scheme or schemes concerned, or whether their representatives are associated therewith in a consultative capacity.