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

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 requested the Government to continue taking the necessary measures to amend the legislation in order to ensure that the fines imposed in the event of anti-union dismissal (approximately US$57 for any labour violation) are effectively dissuasive and to further strengthen the penalties imposed in cases of such dismissal. The Committee notes the Government’s indication that Legislative Decree No. 519, published in the Official Bulletin on 31 October 2022, amends section 627 of the Labour Code and establishes fines of up to 12 times the minimum wage, in the industrial, commercial and services sectors, for each of the offences provided in books I, II and III of the Labour Code and in other labour laws which do not provide for special penalties. The fines vary according to the size of the enterprise, the seriousness of the violation, whether there was intent, and the harm caused. The Committee also notes the Government’s indication that the new reform has resulted in fewer violations of workers’ labour rights in recent years, and that the Directorate for Inspection of the Ministry of Labour and Social Welfare investigated 62 cases of dismissal of trade union leaders at national level in 2022, and 33 cases in 2023. While welcoming the above-mentioned legislative amendment, the Committee observes that the Government has not provided information on the classification of fines according to gravity nor on the typology of dismissals and other anti-union acts against workers’ representatives. The Committee requests the Government to provide information in this regard, and also on the imposition in practice of fines for anti-union dismissal and other anti-union acts.

Article 2. Facilities afforded to workers’ representatives. In its previous comments, the Committee requested the Government to provide information on the facilities afforded to workers’ representatives included in the main collective agreements in force concluded in the private sector. The Committee notes the information provided by the Government in respect of three collective agreements concluded in the private sector. The Committee observes that only one of the three mentioned collective agreements grants facilities to workers’ representatives to enable them to carry out their functions. In light of the above, the Committee requests the Government to: (i) adopt the necessary measures to foster the granting to workers’ representatives of the facilities to enable them to carry out their functions promptly and efficiently with due regard to the effective functioning of the undertakings concerned; and (ii) continue providing information on specific clauses in existing collective agreements in the private sector related to facilities for workers’ representatives.