Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre los representantes de los trabajadores, 1971 (núm. 135) - El Salvador (Ratificación : 2006)

Article 1 of the Convention. Protection of workers’ representatives. In its previous comments, the Committee noted that the Ministry of Labour and Social Welfare had set up a special group to monitor effective compliance with the provisions on discrimination, which forms part of the Special Unit on Gender and the Prevention of Acts of Labour Discrimination, under the Labour Inspection General Directorate. It asked the Government to provide information on the work carried out by this Unit, the violations reported and the measures adopted. The Committee notes that in 2008 the Government indicates that the Special Unit on Gender and the Prevention of Acts of Labour Discrimination dealt with 49 cases of dismissals of trade union officials in the private sector and that, in 25 of the cases, the workers were reinstated, and in 24 formalities were begun to impose fines; there were also ten cases of dismissals of founding members, in which there were no reinstatements and procedures to impose fines were commenced. Between January and June 2009, 17 cases of dismissals of trade union leaders were dealt with, and in seven of this, the officials were reinstated, and in the other ten, procedures for the imposition of fines were started. Furthermore, there were seven cases of dismissals of founding members of unions, in five of which the members were reinstated. The Government adds that at present the tendency is towards the reinstatement of trade union officials, in accordance with ILO Recommendation No. 143, and that a special protocol is to be formulated to identify discriminatory labour practices based on trade union membership, the aim being to reinforce protection of workers’ representatives against anti-union acts. While taking due note of this information, particularly the Government’s efforts to secure reinstatement of trade union leaders in the event of anti-union dismissal, the Committee requests the Government to review the amount of the fines imposed for anti-union dismissal to ensure that they are sufficiently dissuasive. It asks the Government to provide information on any developments in this regard and on any measures to reinforce the protection established in the Convention.

Article 2. Facilities for workers’ representatives. In its previous comments, the Committee asked the Government to provide information on the facilities established in the main collective agreements in force. It notes the information sent by the Government to the effect that collective agreements have been registered in the Salvadorean Social Security Institute (ISSS), the National Water and Sewage Department (ANDA) and the Rio Lempa Hydroelectric Executive Board. The Government refers to specific clauses in the abovementioned agreements establishing trade union leave and time off, contributions for social, cultural, artistic and sports facilities and the grant of trade union premises. While noting this information, the Committee asks the Government to provide particulars of the facilities provided for in existing collective agreements concluded in the private sector.