Rapport intérimaire - Rapport No. 412, Novembre 2025

Cas no 3472 (El Salvador) - Date de la plainte: 13-SEPT.-23 - Actif

Allegations: The complainant organizations allege anti-union suspensions and dismissals of several union leaders by eight public entities, as well as acts of anti-union interference and the refusal to provide facilities to union representatives by a public institute for the promotion of gender equality

1. 248. The complaint is contained in seven communications dated 13 September 2023, 10 June and 7 August 2024, as well as 8, 10 and 17 February and 13 June 2025, submitted by the Trade Union Federation of Salvadoran Workers (FSTS), the National Confederation of Salvadoran Workers (CNTS), the Trade Union Federation of Municipal Workers of El Salvador (FESITRAMES), the National Union for the Defence of the Working Class (UNT), the Trade Union of Workers of the Salvadoran Institute for Women’s Development (USTTISDEMU) and the Trade Union of Workers of the Salvadoran Institute for Teachers’ Welfare (SITISBM).
2. 249. At its June 2025 meeting [see 411th Report, para. 6], the Committee sent an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body (1971), it may present a report on the substance of this case even if the observations or information requested have not been received in due time. To date, the Government has not sent any observations.
3. 250. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. The complainants’ allegations

1. 251. In their communication of 13 September 2023, the complainant organizations state that on 29 August 2023, during negotiations for an extension of the collective labour agreement between the Ministry of Public Works and Transport and the Union of Professionals of the Ministry of Public Works, Transport and Urban Development (SIPROMOP), the Union of Employees and Workers of the Ministry of Public Works and Transport (SIETMOP) and the Union of Workers of the Ministry of Public Works, Transport, Housing and Urban Development (SITMOP), the Minister of Public Works and Transport stated that the economic proposal would not be negotiated. They maintain that, although 70 per cent of the clauses had already been approved, the Minister stated that the current agreement would continue to apply for 2025 and asked the members of the union negotiating committee to help him convince the workers that there would be no economic improvements.
2. 252. The complainant organizations allege that the members of the union negotiating committee rejected this request and, at the end of the meeting, in retaliation, the Minister notified them of a ministerial agreement of suspension pending dismissal proceedings. They claim that three SIETMOP leaders, including its General Secretary, Mr Jorge Alberto Calixto Quijano Ruiz, as well as three SITMOP leaders, including its General Secretary, Mr Ulises Escobar Perla, were suspended from their jobs pending dismissal proceedings.
3. 253. Furthermore, the complainant organizations state that on 8 August 2023, representatives of the Union of Workers of the Ministry of Public Health and Social Assistance (SITMSPAS), the General Union of Technical and Nursing Assistants of the Ministry of Health of El Salvador (SIGPTEES) and the Union of Health Workers (SITRASALUD) held a press conference in front of the Ministry of Health’s headquarters to peacefully denounce the delay in night-shift and holiday pay for public health personnel. They claim that, following this event, ten leaders of the SITMSPAS, including its General Secretary, Ms Rosa América Osegueda de Orellana, two leaders of the SIGPTEES, including its General Secretary, Mr Arístides Pérez Lozano, and two leaders of SITRASALUD, including its General Secretary, Ms Ana Silvia Navarrete de Cantón, were suspended from their jobs pending administrative dismissal proceedings by the Ministry of Health.
4. 254. The complainant organizations also allege that on 12 June 2023, the municipality of Soyapango carried out mass, arbitrary and unjustified dismissals, which it attempted to justify as job cuts. They maintain that these dismissals included nine members of the Executive Committee of the Soyapango Municipal Workers’ Union (SITMUSOY), including its General Secretary, Mr Ángel Danilo Mejía Rivas.
5. 255. In their communication of 10 June 2024, the complainant organizations allege that, between 29 September 2023 and 3 June 2024, the municipality of Panchimalco dismissed eight executives of the Panchimalco Municipal Employees’ and Workers’ Union (SETRAMP) for anti union reasons, including its General Secretary, Mr Felipe Marcelo Santos Vásquez.
6. 256. In their communication of 8 February 2025, the complainant organizations maintain that on 13 December 2024, the National Council of the Judiciary unjustifiably dismissed the nine members of the executive committee of the Union of Employees of the National Council of the Judiciary (SECONAJUD), including its General Secretary, Ms Ana Leticia Cárcamo Martínez. They indicate that the positions of these union leaders were eliminated on 1 January 2025.
7. 257. In their communication of 10 February 2025, the complainant organizations state that, between September and December 2024, representatives of the USTTISDEMU attempted to engage in dialogue with the Salvadoran Institute for Women’s Development (ISDEMU), sending six letters requesting a hearing and expressing their concern about what lay ahead for workers in the face of a possible budget reduction for 2025, but they never received a response from ISDEMU.
8. 258. The complainant organizations claim that on 23 December 2024, the ISDEMU dismissed eight of the ten members of the USTTISDEMU’s executive committee, including its General Secretary, Ms Sonia Margarita Viñerta de Rodríguez, in violation of trade union immunity. They claim that these union leaders were notified that their positions were not funded because there was no budgetary availability for the 2025 fiscal year, and therefore their employment would be terminated as of 1 January 2025.
9. 259. The complainant organizations also allege that, following the aforementioned dismissals, the management of the ISDEMU circulated a statement saying that it made no sense for the workers to remain in the USTTISDEMU, as the union no longer had a general secretary or executive committee. They also maintain that ISDEMU’s Deputy Director of Specialised Care approached the USTTISDEMU members to ask them whether they were still affiliated with the union, offer them the form to withdraw their membership, and tell them that if they did not do so, they would be included on a list that would be sent to the Presidential Office.
10. 260. The complainant organizations state that the ISDEMU continues to threaten affiliated workers by stating that the next dismissals will be those who have not resigned. They indicate that, as a result of the aforementioned acts of coercion, the USTTISDEMU went from having 128 members in November 2024 to fewer than 35 in February 2025.
11. 261. In addition, the complainant organizations claim that there is a verbal order for institutional security to prevent USTTISDEMU representatives from entering ISDEMU facilities. They also maintain that, without prior notice, the ISDEMU removed the union's sign and removed its representatives from the space assigned for meetings and storage of union property, arguing that it would be used for other people. They add that the belongings of these representatives were moved to another area of the institution that is not a private space.
12. 262. In their communication of 17 February 2025, the complainant organizations allege that, between November and December 2024, the National Commission for Micro and Small Enterprises (CONAMYPE) dismissed two UNT leaders, including its General Secretary, Mr Erick Alexander Zelaya Ramos, in violation of trade union immunity. They indicate that their positions were eliminated on 1 January 2025.
13. 263. In their communication of 13 June 2025, the complainant organizations state that on 19 October 2024, four leaders of the SITISBM participated in a labour protest march organized by the health and education sectors. They maintain that on 22 October 2024, the Salvadoran Institute for Teachers’ Welfare (ISBM) dismissed the aforementioned leaders, citing various reasons related to the administration’s loss of confidence.

B. The Committee’s conclusions

1. 264. The Committee deeply regrets the fact that, despite the time that has elapsed since the presentation of the complaint, the Government has still not provided its observations, even though it has been urged to do so several times, including through an urgent appeal made at its meeting in June 2025. Under these circumstances and in accordance with the applicable procedural rule [see 127th Report, approved by the Governing Body at its 184th Session, 1971, para. 17], the Committee is obliged to present a new report on the substance of the case without being able to take account of the information that it had hoped to receive from the Government.
2. 265. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. While this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, 1952, para. 31].
3. 266. The Committee observes that, in the present case, the complainant organizations allege the suspensions with dismissal proceedings of 20 trade union leaders and the anti-union dismissals of another 40 by eight public sector entities between June 2023 and December 2024, as well as the commission of several acts of anti-union interference against the USTTISDEMU and the refusal to provide facilities to the representatives of this union by the ISDEMU.
4. 267. With regard to the alleged anti-union suspensions and dismissals, the Committee notes that the complainant organizations claim that: (i) on 29 August 2023, during collective bargaining with three trade union organizations, the Minister of Public Works and Transport refused to grant economic improvements, asked the union negotiating committee to convince the workers to accept this position, and upon refusal, suspended three SIETMOP leaders and three SITMOP leaders, with dismissal proceedings; (ii) on 8 August 2023, after organizing a press conference in front of the Ministry of Health headquarters to peacefully denounce the delay in night-shift and holiday pay, ten leaders of the SITMSPAS, two leaders of the SIGPTEES and two leaders of SITRASALUD were suspended and dismissed by the Ministry; (iii) on 12 June 2023, the municipality of Soyapango carried out mass and arbitrary dismissals, including nine leaders of the SITMUSOY, under the pretext of a reduction in posts; (iv) between 29 September 2023 and 3 June 2024, the municipality of Panchimalco dismissed eight leaders of the SETRAMP for anti-union reasons; (v) on 13 December 2024, the National Council of the Judiciary unjustifiably dismissed the nine leaders of the SECONAJUD, whose positions were eliminated; (vi) on 23 December 2024, the ISDEMU dismissed eight USTTISDEMU leaders, notifying them that their positions lacked funding for the 2025 fiscal year; (vii) between November and December 2024, the CONAMYPE dismissed two leaders of the UNT, thereby violating their trade union immunity, before eliminating their positions; and (viii) on 22 October 2024, the ISBM dismissed four leaders of the SITISBM on grounds related to loss of trust, three days after their participation in a labour rights march organized by the health and education sectors.
5. 268. In the absence of comments from the Government, the Committee recalls that the dismissal of workers on grounds of membership of an organization or trade union activities violates the principles of freedom of association [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1104]. Noting that, according to the complainant organizations, 60 officials belonging to 11 different trade union organizations were allegedly suspended with dismissal proceedings or dismissed for anti-union reasons in less than two years, the Committee further recalls that in a case in which trade union leaders could be dismissed without an indication of the motive, the Committee requested the Government to take steps with a view to punishing acts of anti-union discrimination and to making appeal procedures available to the victims of such acts [see Compilation, para. 1125].
6. 269. The Committee also notes that the suspensions of the leaders of the SITMSPAS, SIGPTEES and SITRASALUD, as well as the dismissals of the leaders of the SITISBM, allegedly occurred as a result of their participation in public demonstrations, and recalls in this regard that workers should enjoy the right to peaceful demonstration to defend their occupational interests [see Compilation, para. 208].
7. 270. With regard to the alleged acts of anti-union interference against the USTTISDEMU, the Committee notes that the complainant organizations allege that: (i) the management of the ISDEMU issued a statement saying that it made no sense for workers to remain in the USTTISDEMU, given that the union no longer had a general secretary or an executive committee; (ii) the Deputy Director of Specialised Care at the ISDEMU asked USTTISDEMU members whether they were still affiliated with the union, offered them a form to withdraw their membership, and warned them that if they did not do so, they would be included in a list that would be sent to the Presidential Office; (iii) the ISDEMU continues to threaten affiliated workers, stating that the next dismissals will be those who have not resigned their membership; and (iv) these acts of coercion resulted in a sharp decline in USTTISDEMU membership, from 128 members in November 2024 to less than 35 in February 2025.
8. 271. In this regard, while once again regretting the Government’s failure to comment on the above allegations, the Committee recalls that workers shall have the right to join organizations of their own choosing without any interference from the employer [see Compilation, para. 1189] and that coercing trade union members into leaving the trade union constitutes a serious violation of Conventions Nos 87 and 98 that consecrate the right of workers to freely join the organization of their own choice and the principle of the adequate protection of this right [see Compilation, para. 1199]. The Committee also recalls that all practices involving the blacklisting of trade union officials or members constitute a serious threat to the free exercise of trade union rights and, in general, governments should take stringent measures to combat such practices [see Compilation, para. 1121].
9. 272. With regard to the ISDEMU’s alleged refusal to provide facilities to USTTISDEMU representatives, the Committee notes that the complainant organizations maintain that: (i) the ISDEMU requested its institutional security to prevent USTTISDEMU representatives from entering its premises; and (ii) the ISDEMU removed USTTISDEMU’s sign, evicted its representatives from the space used for meetings and storage of union property, and moved their belongings to another area of the institution that is not a private space.
10. 273. In this regard, the Committee recalls that workers’ representatives should be granted access to all workplaces in the undertaking where such access is necessary to enable them to carry out their representation function [see Compilation, para. 1591]. It also recalls that the right to hold meetings is essential for workers’ organizations to be able to pursue their activities and it is for employers’ and workers’ organizations to agree on the modalities for exercising this right [see Compilation, para. 1585].
11. 274. In view of the above, the Committee requests the Government to take the necessary measures to ensure that an independent investigation is carried out immediately into the alleged facts in relation to the 11 trade union organizations mentioned above (SIETMOP, SITMOP, SITMSPAS, SIGPTEES, SITRASALUD, SITMUSOY, SETRAMP, SECONAJUD, USTTISDEMU, UNT and ISBM), and, if they are found to be true, to take the appropriate remedial measures. The Committee requests the Government to keep it informed of any developments in this regard.

The Committee’s recommendations

1. 275. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that the Government has not responded to the allegations in this case, despite repeated requests to do so, including through an urgent appeal, which is reiterated, and requests that it respond as soon as possible.
   • (b) The Committee calls on the Government to take the necessary measures to ensure that an independent investigation is carried out immediately into the allegations concerning the 11 trade union organizations mentioned in the conclusions and, if these allegations are found to be true, to take the appropriate remedial measures. The Committee requests the Government to keep it informed of any developments in this regard.