Effect given to the recommendations of the committee and the Governing Body - REPORT_NO330, March 2003

CASE_NUMBER 2190 (El Salvador) - COMPLAINT_DATE: 12-MRZ-02 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 76. At its November 2002 meeting, the Committee made the following recommendations in Cases Nos. 1987 and 2085 [see 329th Report, para. 44]:
   • The Committee requests the Government to take the necessary measures to amend the legislation on the following points in order to bring it into conformity with freedom of association principles: the reform of the Labour Code provisions setting out excessive formalities for recognition of trade unions and acquisition of legal personality contrary to the principle of free establishment of trade union organizations (requirement that trade unions of independent institutions should be works unions), that made it difficult to set up a trade union (minimum number of 35 workers to establish a works union) or that in any case made it temporarily impossible to establish a trade union (requirement to wait for six months before applying for recognition of a new trade union when a first request is rejected), and measures taken to amend the national legislation so that it would recognize the right of association of state workers, with the sole possible exception of the armed forces and police, in conformity with freedom of association principles. The Committee requests the Government to keep it informed in this respect.
2. 77. At its November 2002 meeting, the Committee made the following recommendations in Case No. 2190 [see 329th Report, para. 492]:
   • – The Committee strongly urges the Government as a matter of urgency to ensure that the national legislation of El Salvador is amended so that it recognizes the right of association of workers employed in the service of the State, with the sole possible exception of the armed forces and the police.
   • – The Committee expects that the trade union ATRAMEC will be recognized as soon as possible, as it was established since 24 March 2000.
   • – The Committee requests the Government to take the necessary measures to amend the legislation on the points mentioned in its conclusions, so as to bring it into conformity with the principles of freedom of association. It requests the Government to keep it informed in this respect.
   • – The Committee draws the Government’s attention to the availability of the technical assistance of the Office in this respect should it so desire.
3. 78. In its communication of 27 January 2003, the Government reiterates the contents of its previous communications in Cases Nos. 1987, 2085 and 2190, where it had mentioned that its legislation had been amended in 1994 with the ILO’s technical assistance and that it contained several improvements (which the Government elaborates upon) as regards trade union rights, which have been recognized by the Regional Office for Latin America and the Caribbean. The Constitution and the Labour Code (which, according to the Regional Office, contains numerous improvements) recognize freedom of association rights for workers and employers in the private sector and for the workers of autonomous official institutions, and give state workers the right to establish associations; these are the result of sovereign decisions, in conformity with society expectations. The governmental plan called “New Alliance” elaborates a strategy linking the legal framework to the requirements of the national and international labour markets. Finally, as the Constitution and the Labour Code give freedom of association rights only to private sector workers and employers and to workers of autonomous official institutions, it is not legally possible to grant legal personality to the self-proclaimed Trade Union of Workers of the Ministry of Education (ATRAMEC).
4. 79. The Committee notes this information and regrets that the Government’s position did not change as regards both the necessity to amend the legislation to bring it into full conformity with freedom of association principles, and the legal recognition of ATRAMEC. The Committee emphasizes that the fact that the legislation amended in 1994 contains improvements does not mean that there is no problem left to solve. Accordingly, the Committee reiterates its previous recommendations and requests the Government to re-examine its position as regards both the trade union legislation and ATRAMEC. The Committee recalls once again to the Government that it may avail itself of the ILO’s technical assistance.