Employment Service Convention, 1948 (No. 88) - El Salvador (RATIFICATION: 1995)

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Articles 1, 4 and 5 of the Convention. Contribution of the employment service to employment promotion. Cooperation with the social partners. The Committee notes the information provided by the Government with respect to the National Employment System, established in April 2015, aimed at reducing unemployment and underemployment, and increasing decent work and well-being. The Government indicates in its report that the National Employment Portal is an information platform to facilitate labour mediation processes and guide active employment policy-making. Forty-two local job agencies have been created at national level. The Government adds that, between June 2012 and May 2014, the Employment Mediation System administered placements for 40,162 persons. From 2012 to 2015, 149 job fairs were held in cooperation with the social partners. The Committee requests the Government to continue providing information on the results obtained to ensure the efficient operation of the free public employment service. Please also provide updated information on the cooperation of the social partners in the organization and operation of the National Employment System, at both the local and national level.

Article 9. Legal status and training of the staff of the employment service. The Government indicates that the training needs of the National Employment Department are assessed on an annual basis. Training is carried out at the national level, with the aim of strengthening the skills of the employment agents. The Committee requests the Government to continue providing updated information on the measures adopted to ensure that the staff of the employment service are adequately trained.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that the preliminary draft of the Labour and Social Protection Regulations Act covers regulations for private employment agencies and is currently before the legislative assembly. The Committee requests the Government to provide information on any development regarding the regulation of the private employment agencies and on the manner in which cooperation is ensured between the National Employment System and the private employment agencies.

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Contribution of the employment service to employment promotion. Cooperation with the social partners. In relation to the direct request of 2006, the Committee notes the detailed information sent by the Government in the report received in September 2010. The Government supplies information on the new local employment exchanges set up via agreements between the Ministry of Labour, the municipal authorities and other parties involved in the strengthening of employment services. The Government also reports on employment fairs and the persons registered and placed in employment in the context of these events. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), and requests the Government to continue providing information in its next report on Convention No. 88 on the results achieved to ensure the efficient operation of the free public employment service (Articles 1–3, 6 and 10 of the Convention). The Committee would again be grateful if more detailed information is included on the cooperation of the social partners in the operation of the employment service at the national level and at the level of the local employment exchanges (Articles 4 and 5).

Legal status and training of the staff of the employment service. In reply to previous comments, the Government indicates that the Civil Service Act guarantees protection, stability and conditions of work for civil servants. Staff are recruited and selected by means of aptitude tests. The Committee notes with interest that an induction and training methodology was established for employment service staff to ensure efficiency and effective performance, and further details of the modules and subjects are included in the report. The Committee requests the Government to continue to supply information on the measures adopted to ensure that the staff of the employment service are adequately trained (Article 9).

Cooperation between the public employment service and private employment agencies. In reply to previous comments the Government refers to a preliminary draft of regulations governing private employment agencies. The Committee notes that the preliminary draft is being revised with the cooperation of the Ministry of Labour of Spain, via the Spanish Agency for International Development Cooperation (AECID). The Committee again requests the Government to provide information on the adoption of the new regulations and on the manner in which it has taken account of Convention No. 181 and Recommendation No. 188 on private employment agencies, which recognize the role played by private employment agencies in the operation of the labour market.

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1. Contribution of the employment service to employment promotion. Cooperation with the social partners. The Committee notes the detailed replies to its 1998 direct request contained in the report provided by the Government in September 2005. The Government refers to the National Employment Promotion Plan and the programme for the reactivation of rural employment. The Government also provides information on the establishment of the National Employment Opportunities Network. The Committee notes with interest the Employment Management Manual, intended to assist in collaboration between the Ministry of Labour and municipal authorities. The Committee requests the Government to continue providing information on the measures adopted to ensure the efficient operation of the free public employment service, comprising a network of employment offices sufficient in number to meet the needs of employers and workers throughout the country (Articles 1 to 3, 6 and 10 of the Convention). The Committee would be grateful if more detailed information were included on the cooperation of the social partners in the operation of the employment service at both the national and municipal levels (Articles 4 and 5).

2. In this respect, the Committee once again expresses interest in being provided with statistical information on the operation of local employment management offices, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the National Employment Opportunities Network (Parts III and IV of the report form).

3. Legal status and training of the staff of the employment service. The Government refers to the Civil Service Act of 1961. The Committee repeats its request for information on the legal status, conditions of work, methods of recruitment and selection of the staff of the employment service, including indications on the measures adopted to ensure that the staff of the employment service are adequately trained (Article 9).

4. Cooperation between the public employment service and private employment agencies. The Government referred to a preliminary draft of regulations governing private employment agencies, services collaborating in employment placement and temporary employment agencies. The Committee would be grateful if the Government would provide information in its next report on the adoption of the above regulations. The Government may consider it useful in this respect to consult Convention No. 181 and Recommendation No. 188, adopted by the International Labour Conference in 1997, which recognize the role played by private employment agencies in the operation of the labour market.

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The Committee notes the Government's first report on the application of the Convention and the report received in May 1998. In its first report, the Government referred mainly to the provisions of the Act of 1996 concerning the organization and operation of the labour and social security sector without including all the information and data required by the report form in respect of the Convention. To enable the Committee to examine the effect given to the provisions of the Convention, the Committee requests the Government to provide the following information in its next report.

Article 1 of the Convention. Please indicate the manner in which the National Department of Employment and the Employment Administration and Placement Agency maintain or ensure a free employment service. Please specify the manner in which the best possible organization of the labour market is ensured, within the meaning of paragraph 2 of this provision.

Article 2. Please specify the powers and functions of the National Department of Employment responsible for the direction of the national system of employment offices.

Article 3. Please indicate the measures undertaken by the Employment Administration and Placement Agency and any other competent authority to establish and operate a sufficient number of employment offices to satisfy employers' and workers' needs. The Committee would be grateful if the Government would include a copy of the operating manual of the Employment Administration and Placement Agency to enable it to examine the effect given to paragraph 2 of this provision.

Articles 4 and 5. Please specify the agreements concluded and the national advisory committees created to obtain the cooperation of the representatives of employers' and workers' organizations in the organization and operation of the employment service. The Committee would be grateful if the Government would inform it of the recommendations made by the High Labour Council, referred to in the Government's report, in respect of the general employment service policy.

Article 6. The Committee notes that the National Department of Employment maintains a register of applicants seeking employment as well as where they are placed and their contracts. Please include other information, in respect of items (a)(ii), (iii) and (iv) and (b), to enable the Committee to assess the manner in which the employment service has been organized and the activities which it performs in order to carry out effectively the functions laid down in this Article.

Article 8. Please provide detailed information in respect of the special measures adopted for juveniles within the framework of the employment and vocational guidance services.

Article 9. The Committee notes that state employees are protected by the Act respecting the civil service. Please provide precise information in respect of the legal situation, the conditions of work, the methods of recruitment and selection of staff of the employment service and indicate the measures adopted to ensure that office employment staff are adequately trained.

Article 10. Please provide information on the measures adopted and the results obtained to encourage full use of the employment services by employers and workers on a voluntary basis.

Points III and IV of the report form. Please provide information on the system of inspection, if any, on the organization and operation of the public employment offices. Please also provide statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment for the offices in the country.