Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Wage Fixing Convention, 1970 (No. 131) - El Salvador (Ratification: 1995)

Articles 1, 2, 3 and 5 of the Convention. Minimum wage fixing system. Binding nature of minimum wages. Criteria for reviewing minimum wage levels. Application in practice. The Committee notes the information provided by the Government in its report in response to its previous comments on these issues.

Article 4(2). Full consultation with the social partners. Functioning of the National Minimum Wage Council (CNSM). The Committee observes that, in the context of supervising the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the issue of nominating representatives of the social partners to the various social dialogue bodies, including the CNSM, is being examined. The Committee notes the June 2018 discussions in the Conference Committee on the Application of Standards regarding the application of Convention No. 144, during which reference was also made to this issue. In its report on this Convention, received in August 2018, the Government indicates that the National Business Association (ANEP) has been nominated and participates in decision-making in the CNSM. In their joint observations on the Convention, received on 11 September 2018, the ANEP and the International Organisation of Employers (IOE) indicate that they have appealed to the Supreme Court of Justice to request that the CSNM election be voided. The ANEP and the IOE state that the election was conducted on the basis of instructions issued by the Ministry of Labour, which would not be in conformity with the relevant legislation. They add that the Supreme Court of Justice is still considering their appeal. The Committee requests the Government to provide its comments in this respect. It also refers to its observation on the application of Convention No. 144.