Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la negociación colectiva, 1981 (núm. 154) - El Salvador (Ratificación : 2022)

The Committee notes the Government’s first report and refers, with regard to the application of the Convention in the private sector, to its comments concerning the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 5 of the Convention. Promotion of collective bargaining in public administration. The Committee notes the information provided by the Government in its report on the application of the Labour Relations (Public Service) Convention, 1978 (No. 151). The Committee observes that 23 collective agreements have been concluded and are in force in the public sector, covering 21,863 members. The Committee requests the Government to continue providing information on the collective agreements in force in the public sector, indicating the institutions concerned and the number of workers covered.

Resolution of labour disputes in the public administration. Compulsory arbitration. The Committee observes that the Civil Service Act (LSC) establishes that where the direct contact phase fails, either of the parties shall call on the Civil Service Tribunal to begin the conciliation phase; on completion of that phase, section 144 of the LSC provides that “points on which agreement was not reached in any of the previous phases shall be referred to arbitration”. In this regard, the Committee recalls that recourse to compulsory arbitration to bring an end to a collective labour dispute is only acceptable: (i) in essential services in the strict sense of the term; (ii) in cases of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; and (iv) in the event of an acute crisis. The Committee requests the Government to provide statistical information on the number of disputes resolved through conciliation and arbitration, including the public services concerned.