Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 135) concernant les représentants des travailleurs, 1971 - El Salvador (Ratification: 2006)

Article 1 of the Convention. Protection of workers’ representatives. In its previous comments, the Committee noted the results of action taken by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment leading to the reintegration of a substantial number of trade union leaders who had been dismissed. The Committee requested the Government to revise the fines that are imposed in cases of anti-union dismissal (approximately US$57 for any labour violation) in order to ensure that they are sufficiently dissuasive and to report on all measures to strengthen the protection provided for in the Convention.

The Committee notes that the Government has provided information on the presentation on 21 January 2014 of the draft bill on the Regulatory Act of the Labour and Social Protection Sector in which acts of anti-union discrimination, including the removal of a worker subject to immunity from dismissal, are classified as very serious offences which can result in penalties of between one and ten minimum monthly wages. The Government has also provided information on the impetus given to labour inspection so that trade union leaders are reinstated in cases of anti-union dismissals. Recalling the importance of ensuring that the fines imposed in case of anti-union dismissal are effectively dissuasive, the Committee requests the Government to continue taking the necessary measures to amend legislation in accordance with the principle mentioned, further strengthening the penalties applicable in this case. The Committee requests the Government to report on any development in this regard.

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. While it notes the general information provided by the Government, the Committee once again requests it to provide information on specific clauses of existing collective agreements in the private sector relating to the facilities afforded to workers’ representatives.