Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la violencia y el acoso, 2019 (núm. 190) - El Salvador (Ratificación : 2022)

The Committee notes the Government’s first report.

The Committee notes the observations of the Trade Union Confederation of Workers of El Salvador (CSTS), received on 21 August 2024, and the observations of the National Confederation of Salvadoran Workers (CNTS), of the Autonomous Central of Salvadoran Workers (CATS), and of the Single Confederation of Salvadoran Workers (CUT) and of the CSTS received on 6 September 2024. The Committee also notes the observations of the CNTS received on 31 August 2025. The Committee requests the Government to provide its comments in this regard.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that the Government states, in its report, that: (1) The Penal Code defines sexual harassment as “any person who engages in unwanted sexual conduct towards another person, including comments, touching, gestures or other conduct of an unambiguously sexual nature or content” (section 165), and that through the Special Computer Technology Crimes Act, harassment by means of information and communication technology is also included (section 27); (2) The Special Comprehensive Act on a life free from violence for women (LEIV) defines harassment at work as “any systematic and repeated act of physical or psychological hostility directed at a woman because she is a woman in the workplace, with the aim of isolating, intimidating or destroying the communication networks of the person confronting this situation, damaging her reputation, discrediting her work, or disturbing or obstructing the exercise of her work” (section 8), and also considers other types of violence, such as economic, physical, patrimonial, sexual, psychological and emotional violence (section 9); (3) the Labour Code, prohibits verbal or physical abuse directed at workers, sexual harassment, harassment at work and other forms of violence included in the LEIV (section 29). Workers are also prohibited from committing acts of disrespect against the employer or against any manager of the enterprise or establishment, especially in or outside the workplace, during the performance of duties (section 50.6). The Government states that acts of violence against men are classified as “ill-treatment” because the concept of violence in the LEIV is restricted to women; (4) The Civil Service Act (LSC) and the Municipal Administrative Careers Act (LCAM) prohibit the commission of serious acts of immorality (sections 54 and 68 respectively); (5) the Compensation for Moral Damage Act (LRDM) prohibits acts committed with intent to slander, insult, defame or attack a person’s privacy or image (section 2). The Committee notes the observations of the CNTS, CATS and CUT, according to which the LEIV is the only Act which defines workplace violence, and refers only to violence carried out against women. The Committee observes that the Penal Code identifies other forms of conduct that could constitute violence and harassment in the world of work, such as acts of coercion (section 153), threats (section 154), injuries and blows (section 375), and recalls that the concept of “gender-based violence and harassment” provided under Article 1(1)(b) of the Convention applies to all persons. The Committee requests the Government to provide information on: (i) the application in practice of section 8 of the LEIV, section 29 of the Labour Code as regards cases of violence and harassment against men, and of sections 54 and 68 of the LSC and LCAM respectively; (ii) the legal provisions that define and prohibit acts of violence and harassment against employers; and (iii) the legal provisions, beyond those dealing with violence against women (on the understanding that the LEIV refers to violence against women), that refer to forms of gender-based violence committed against all persons.

Articles 2 and 3. Scope of application. The Government reports that: (1) the Penal Code is of general application; (2) the Labour Code regulates the employment relationship between private sector employers and workers, as well as the labour relations between the State, municipalities, autonomous and semi-autonomous official institutions and their workers. The Labour Code also regulates employers’ obligations to their apprentices, including treating them with due consideration and refraining from maltreatment in word or deed (sections 2 and 62.d); the General Act on Risk Prevention (LGPR) applies to all workplaces, whether private or belonging to the State, providing the same level of protection in respect of occupational safety to workers of the enterprise as to workers on temporary contracts (section 9); (4) the LEIV is applicable to all women within the national territory, regardless of their nationality (section 3); (5) the Volunteering Act provides that persons engaging in voluntary activities shall have the right to do so in appropriate safety and health conditions,; (6) the public sector is covered by the LSC and the LRDM; and (7) the Labour Code is applicable to journeys between the home and the workplace, as accidents to the worker are considered to be occupational accidents if occurring “when moving from the home to the workplace, or vice versa, during reasonable travel time and by reasonable means of transport” (section 317.4). With regard to the latter, the Committee observes that the cited section defines an occupational accident as “any organic injury, functional disturbance or death suffered by the worker as a result of, in the course of, or arising from their work”, which could restrict the scope of application beyond the requirements of the Convention. The Committee requests the Government to report whether the relevant legislation has been applied in practice in cases of violence and harassment in the world of work that have occurred in the contexts listed in Article 3 of the Convention.

Article 4. Inclusive, integrated and gender-responsive approach. The Committee notes the Government’s indication that it has adopted an approach that considers violence, discrimination and harassment at work, as well as gender issues, both in the legislation (constitutional, labour, occupational safety and health, penal, and in Special Acts on equality, and against discrimination and violence towards women) as in various national public policies. Likewise, the Committee notes that: (1) this approach involves participation by multiple competent institutions, including the Ministry of Labour and Social Welfare (MTPS), the Judiciary, the Public Prosecutor, the National Civil Police and the Salvadoran Institute for Women’s Development (ISDEMU); and (2) the national legislation provides protection for third parties possibly involved in situations of violence and harassment in the world of work, through the different disciplinary, civil or penal regimes applicable. The Committee requests the Government to provide information on the measures adopted in this regard. It also requests the Government to indicate the manner in which consultation is ensured with the employers’ and workers’ representative organizations.

Article 8(a) and (c). Informal economy workers. The Government reports that: within the institutional policy for gender equality and equity in the field of justice and public safety, a strategic line is provided with regard to the design and increase of training programmes on equality and the elimination of violence against women aimed both at law enforcement officers (uniformed corps) and at members of the National Civil Police; (2) the National Policy for women’s access to a life free from violence and its Action Plan envisages a scope of prevention and public safety that covers all risks of violence against women, including sexual harassment in the street; (3) the National Equality Plan 2021–2025 includes as one of its objectives reducing the number of women in the informal economy; and (4) women in the informal economy benefit from various gender policies that have been adopted by public and municipal institutions, such as vocational workshops in non-traditional occupations, and the “Crece mujer” programme (“Growth for women programme”), which aims to promote a solidarity economy perspective among women entrepreneurs. The Committee observes that: (1) the Police Careers Act establishes that “Police personnel shall perform the duties assigned to them by law in an efficient manner, with strict respect for human rights” (section 72); and (2) the National Civil Police Disciplinary Act regulates certain offences, such as impolite or offensive treatment of the public (section 8). The Committee notes the observations of the CNTS, according to which there is a culture of violence and harassment in this sector of the economy, where the municipal or police authorities pursue workers in public places. The Committee requests the Government to provide available information on: (i) cases of violence and harassment in the world of work that have been identified by the labour inspection in the informal economy; (ii) the impact of the National Equality Plan 2021–2025 on reducing the numbers of women in the informal economy; (iii) the number of informal economy workers to have benefited from government and municipal programmes, disaggregated by sex; and (iv) all other measures adopted, including in consultation with the employers’ and workers’ organizations, to prevent all forms of violence and harassment against persons working in the informal economy, including against men.

Article 8(b) and (c). Sectors or occupations and types of work with greater exposure to violence and harassment. The Government reports that the sectors identified as most exposed to violence and harassment are agriculture, construction, domestic work, service industries, journalism and social communication. The Committee notes the observations of the CSTS, which (1) indicates that it is unaware of relevant consultations with the employers’ and workers’ organizations at the moment of identifying a particular sector; and (2) since 2023, public employment has worsened, with a work culture based on fear induced by the State of Exception, and an unwritten but implicit prohibition against lodging complaints or reporting labour violations. The Committee requests the Government to indicate the measures adopted, in consultation with the employers’ and workers’ organizations concerned, to address and prevent violence and harassment in the sectors listed above, together with the results obtained.

Article 9. Employers’ responsibilities. The Committee notes the information provided by the Government, in particular: (1) the requirement for employers to treat their workers with due consideration and refrain from maltreatment in word or deed; from sexual harassment or harassment at work and other types of violence included in the Special Comprehensive Act for a life free from violence for women, and from sexist discrimination, as set out in the Equality, Equity and Eradication of Discrimination against Women Act (section 29 of the Labour Code); and (2) the duty of the employer to adopt the necessary measures to avoid exposure of workers to occupational risks, in view of the duty to ensure a working environment free from violence in all its forms (section 3 and 10 of the LGPR).

The Committee notes that the LGPR: (1) defines psychosocial risks as “such aspects of the design, organization and management of work, as well as its social and environmental context, which have the potential to cause social or psychological damage to workers, such as management of worker-employer relations, sexual harassment, violence against women, balancing family and work responsibilities, and all forms of discrimination in the negative sense” (section 7); (2) establishes the employer’s responsibility to formulate and implement a Programme for the management and prevention of occupational risks (the “Programme”) for the enterprise, and to allocate the resources required for its implementation, ensuring the effective participation of workers in the elaboration, application and evaluation of the Programme. The employer shall also take measures to prevent, identify, eliminate or reduce psychosocial risks (section 8); (3) the Programme must contain preventive and awareness-raising actions in respect of violence towards women, sexual harassment and other psychosocial risks (section 8); and (4) in enterprises that employ fewer than 15 workers, the employer may substitute the obligation to establish a Programme by taking measures set out in the MTPS (section 12).

With regard to the public sector, the Committee notes that the “Institutional Guidelines for mainstreaming equality, non-discrimination and a life free from violence for women in State institutions” require public institutions to elaborate a protocol for the detection, prevention and treatment of cases of sexual harassment and harassment at work. The Committee requests the Government to indicate whether it has envisaged extending the regulatory and legal provisions relating to the Programme to include forms of violence and harassment other than sexual harassment and violence against women and also considering men as victims of these acts. The Committee also requests the Government to provide information on the implementation of the above-mentioned provisions to training and to dissemination of information on violence and harassment and on measures adopted to provide such information in accessible formats, as appropriate.

Article 10(a) and (h). Monitoring and enforcement. The Government reports that the Labour Inspection Department (DGIT) has a protocol and a guide for action on and handling of cases of discrimination and psychosocial risks, including cases of maltreatment, sexual harassment and violence against women. It also reports that in 2023: (1) 2,759 technical visits were conducted in enterprises with more than 15 workers and 1,216 in enterprises with fewer than 15 workers under the LGPR and 44 alternative measures to the Programme were adopted in companies with fewer than 15 workers (principally in the commerce and services sectors); (2) through the “SOS Trabajadoras” (SOS women workers) platform, a specialized inspection service performed by women labour inspectors trained in gender and workplace violence issues, 24,482 complaints were lodged by women and 5,760 inspections were carried out; and (3) The Office of the Attorney-General of the Republic (PGR) filed 17 cases of harassment and 60 cases of workplace violence. The Committee notes, moreover, that the Act on the structure and functions of the labour and social welfare sector (LOFSTPS) establishes that labour inspectors may “fix a reasonable time frame within which the infringements identified must be remedied and, in case of imminent danger to the health and safety of the workers, may issue orders with immediate executory force” (section 38(f)). In this connection, the Committee notes the observations of the CSTS, which indicate that the labour inspectors are not empowered by law to act with the necessary authority in cases of violence and harassment to issue orders or adopt measures with immediate executory force, such as orders to stop work in cases of an imminent danger to the life, health or safety of the workers. The Committee takes good note of the information provided by the Government and requests it to continue reporting on inspections carried out and cases identified of violence and harassment in the world of work, together with penalties imposed and remedies granted. It further requests it to provide information on the measures adopted or envisaged to ensure that, in cases of violence and harassment in the world of work, the inspection authority is authorized to issue orders to stop work in cases of imminent danger to the life, health or safety of the workers.

Article 10(b) and (e). easy access to fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the information provided by the Government that: (1) the Labour Code establishes the requirement for the employer to have Internal Labour Regulations which include the designation of the person to whom demands or complaints in general may be submitted (section 302); (2) services are in place for counselling, assistance and reporting of complaints, through institutional mail and Call Centre 130; (3) the MTPS oversees the administrative conciliation procedure and promotes mediation and arbitration; and (4) the PGR provides assistance, legal representation and psychosocial support to all workers and is acquainted with the procedure for mediation and conciliation in labour disputes.

The Committee also notes that: (1) the Office of the Ombudsman for the Defence of Human Rights (PDDH) provides advice and legal guidance to women, and refers cases to the competent institutions, providing assistance before such authorities as the National Civil Police, the Public Prosecutor and the PGR; (2) The ISDEMU has formulated the Guide for drawing up plans for preventing violence against women in public and private institutions, which enables women to submit complaints, notices and accusations; (3) in 2016, a specialized court was established within the framework of the LEIV. The Committee observes that the United Nations Committee on Economic, Social and Cultural Rights expressed concern about the inadequacy of measures taken to ensure the effective protection of women victims of violence and recommended that the State take all necessary steps to effectively prevent acts of violence against women and step up efforts to ensure that they have access to justice (E/C.12/SLV/CO/6, 9 November 2022, para. 43). The Committee requests the Government to provide information on: (i) examples of Internal Work Regulations that establish procedures for handling complaints and investigation in cases of violence and harassment; (ii) the number of complaints processed by the government services, the issues addressed and the manner in which they are handled (such as referral to the labour inspection or to the prosecutor); (iii) whether there are other mechanisms and procedures for notifying and resolving disputes that also include men; and (iv) the impact that the specialized court within the framework of the LEIV has had in addressing cases of violence and harassment in the world of work (for example, the number of cases addressed, penalties imposed and remedy granted).

Easy access to appropriate and effective remedies. The Committee notes the Government reports that: (1) the right of workers to receive compensation is similar to that which would have been awarded had the worker been dismissed without just cause, in cases where the employer, at the workplace, commits acts that seriously harm the worker’s dignity, sentiments or moral principles (sections 53, 58 and 59 of the Labour Code); (2) any unlawful, intentional or negligent act or omission in the civil, commercial, administrative, criminal or other spheres that affects the human rights or rights of the person of the victim, and any insulting, slanderous or defamatory accusations made against the honour or private life of a person, is considered grounds for compensation for moral damages, unless the truth of the accusation is proven (section 3 of the Compensation for Moral Damages Act). The Government further reports that the National Policy for women’s access to a life free from violence and its Action Plan 2021–2025 includes: (1) the right of the victim to reinstatement in their post in cases of workplace violence; and (2) implementation of a training programme aimed at women confronted with acts of violence, to reinforce their skills for employability and to establish a labour intermediation policy to facilitate women’s labour integration. The Committee requests the Government to provide information on the application in practice of the above legal and political provisions, as well as on any other measure aimed at providing appropriate and effective remedies, including to men.

Article 10(c). Protection of privacy and confidentiality. The Committee notes the Government’s indication that: (1) the MTPS has adopted a protocol for support and action in cases of complaints on the grounds of workplace discrimination and psychosocial risks, which establishes that “a complaint lodged by any woman worker with the labour inspection on the grounds of workplace discrimination and psychosocial risks shall be processed with the full confidentiality required to allow the administrative investigation to proceed and to protect the identity of the complainant, so as to avoid retaliation on the part of the employer or other staff members of the workplace involved”; the LEIV establishes, among its procedural guarantees for women victims of violence, that the victim’s privacy and private life shall at all moments be preserved, that the file shall be kept confidential, in whole or in part, to prevent disclosure of information that might lead to identification of the victim or of their family members, all information related to their residence, phone number, place of work or study, inter alia, shall remain confidential. Such protection shall be extended to their family and close circle (section 57). The Committee observes, moreover, that the Computer and Related Crimes Act classifies unauthorized disclosure of data or information of a personal nature, establishing that “whoever discloses, in whole or in part, information that is personal or private in character, whether in the form of a picture, video, text or audio message or otherwise, obtained by the means indicated in the preceding sections, shall be sanctioned with a prison sentence of between three to five years” (section 26). The Committee requests the Government to provide available information on: (i) the application of the above-mentioned protocol and the legal provisions indicated; and (ii) all other measure for protection of privacy and confidentiality, which also includes men who may be victims of violence and harassment.

Article 10(d). Sanctions. The Committee notes the information provided by the Government relating to different levels of sanctions provided for in national law. In the administration, the Committee notes that fines are imposed following verification by the inspection authority of non-compliance with the provisions contained in both the Labour Code and in the LGPR (sections 628–631 of the Labour Code).

In the judiciary: (1) the criminal jurisdiction establishes sanctions for crimes of harassment, harassment through information and communication technology, femicide, forms, of violence against women, among other crimes; (2) the labour jurisdiction establishes that the employer may be liable where the worker requests termination of the contract with employer liability; and (3) civil jurisdiction establishes, as a general rule, that any damage that may be attributed to malice or negligence on the part of another person shall be compensated by that person (section 2080 of the Civil Code), and in the case of moral damage, whoever through their own actions or omissions causes harm to the human rights or rights of the person of another party, is liable to compensate that party (section 7 of the Compensation for Moral Damages Act). The Committee requests the Government to provide available concrete examples of sanctions imposed in cases of violence and harassment in the world of work, under the above provisions, both in the public and private sectors.

Article 10(f). Domestic violence. The Government reports that, according to the Labour Code, the employer is required to grant paid leave to workers to allow them to comply with judicial or administrative procedures, especially when related to family matters and in cases of violence against women as provided in the LEIV or in other laws in force that protect their rights against acts of violence (section 29). The Government further indicates, in both the public and private sectors, the LEIV establishes that the MTPS shall be responsible for deciding when absences from, or lack of punctuality at work due to a physical or psychological situation deriving from any form of violence shall be considered justified. The Committee notes the observations of the CSTS, indicating that in cases where women find themselves in circles of violence and reporting processes, if they so request, they may arrange with their employer the temporary or permanent relocation of their work post, as well as the reorganization of their working hours (section 24 of the LEIV). The Committee: (i) requests the Government to provide available information on the application in practice of the above-mentioned provisions; and (ii) requests it to indicate whether the possibility of widening the legislation to recognize the effects of domestic violence on men has been envisaged.

Article 10(g). Workers’ right to remove themselves from a work situation and to inform management. The Committee notes the information provided by the Government, that (1) the LGPR establishes the workers’ duty to “immediately inform their hierarchical superior or the specifically designated persons, of any potential danger to the workers’ safety or that of their co-workers” (section 73); and (2) the Labour Code confers on workers the right to withdraw themselves and leave the workplace when confronted with distressing or humiliating acts perpetrated by the employer or his representatives (section 56). The Committee also notes the observations of the CSTS, which indicate that the right to withdraw from a work situation without suffering retaliation or other undue consequences is not recognized and that the informant thereof runs the risk of dismissal. In view of the above, the Committee requests the Government to provide information on the measures adopted or envisaged, in law and in practice, to guarantee that all workers have the right to withdraw themselves from a work situation without suffering retaliation or other undue consequences where they have reasonable justification to believe that the situation presents an imminent and serious danger to life, health or safety due to violence and harassment.

Article 11(a). Violence and harassment in relevant policies. The committee notes the various instruments elaborated by the ISDEMU, such as the Guidelines for mainstreaming equality and the prevention of gender-based violence in municipal management, and the Protocol for legal and psychosocial support for persons confronting violence. The Government also reports that: (1) the National Policy for women’s access to a life free from violence and its Action Plan 2021–2025, contains one pillar on reducing violence against women, and another related to prevention and public safety which also covers the Salvadoran migrant population; and (2) the National Plan for the Implementation of the Global compact for safe, orderly and regular migration (2023) takes assistance and protection among its core principles, including measures to protect personal safety and protection against violence and discrimination, and contains a series of interventions and expected outcomes for the 2024–28 period. The Committee requests the Government to provide information on the impact of the measures adopted under the above-mentioned policies in preventing and eradicating violence and harassment in the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee takes note of the information provided by the Government, according to which: (1) between 2022 and 2023, the ISDEMU conducted various training exercises, as well as awareness-raising activities related to the normative framework in place on violence and harassment in the world of work, including the following up and monitoring of 87 public institutions regarding implementation of the Guidelines for mainstreaming equality and the prevention of gender-based violence in municipal management; (2) the MTPS, the Ministry of Defence, the Office of the Public Prosecutor, the National Council of the Judiciary and the Ministry of Justice and Public Security are conducting awareness-raising campaigns on violence and harassment; (3) various training activities on violence and harassment against women are under way for legal sector staff, including specialized diploma courses, outreach workshops to raise awareness of criminal prosecution policy on violence against women, addressing victims and witnesses and gathering testimonies from vulnerable persons. The Committee notes that the CNTS states that no official weight has been put behind promotion of the Convention. The Committee requests the Government to continue to provide information on the guidance, training tools and awareness-raising campaigns implemented, in consultation with the employers’ and workers’ representative organizations, related to violence and harassment in the world of work aimed at employers, workers and the competent authorities, and which take account both of women and of men as potential victims of violence and harassment in the world of work.