Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

El Salvador

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1995)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1995)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2001)

Previous comments under Convention No. 81: Direct request and observation.

Previous comment under Convention No. 129: Direct request.

Previous comment under Convention No. 150: Direct request.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

The Committee notes the observations of the Trade Union Confederation of Workers of El Salvador (CSTS) received on 17 May 2023 on Conventions Nos 81, 129 and 150.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Articles 3 and 4 of Convention No. 81 and Articles 6 and 7 of Convention No. 129. The Committee notes that, in its observations, the CSTS indicates that, although there are public officials in the Social Security Institute of El Salvador (ISSS), responsible for ensuring compliance with the legal provisions contained in the Act on social security and its implementing regulations, they do not have the same powers as labour inspectors. The CSTS therefore considers it appropriate to merge the inspection services of the ISSS with the labour inspection services of the Ministry of Labour and Social Welfare (MTPS) to have a single inspection system for labour, occupational safety and health (OSH) and social security, under the supervision and control of a central authority. The Committee also notes that, in its observations concerning the application of the Occupational Safety and Health Convention, 1981 (No. 155), the CSTS refers to the lack of inspections relating to OSH in the public sector. The Committee requests the Government to provide its comments in this respect.

Articles 6 and 15(a) of Convention No. 81 and Articles 8 and 20(a) of Convention No. 129. Legal status. Integrity of labour inspectors. Conditions of service. The Committee notes the information provided by the Government in its report on the number of active labour inspectors, and on the disciplinary measures and penalties imposed. The Committee also notes the observations of the CSTS on the lack of a wage scale system, such that currently there is no difference in the wages of newly recruited inspectors and those with the most experience, which has repercussions on their productivity. The CSTS also indicates that, in addition to disciplinary measures regulated by the applicable legislation to prevent and penalize specific cases of corruption of labour inspectors, consideration should be given to the development and promotion of training in a system of values and principles set out in a code of ethics for labour inspectors. The Committee requests the Government to provide its comments in respect to the CSTS’s observations. The Committee also requests the Government to provide detailed information on the remuneration conditions for labour inspectors, especially with respect to wage progression and career prospects.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s information on the training activities for public officials who conducted labour inspections between 2015 and 2021, including information on the training for inspectors working in the agricultural sector. According to the Government, the training is carried out by the General Directorate of Labour Inspection together with the training department of the MTPS or of other external units in this area. The Committee also notes the Government’s request for ILO technical assistance aimed at strengthening the technical capacities of labour inspection staff, focusing on their specializations and technical development, and at introducing the international and national standards required for the performance of their duties. The Committee expresses its hope that the assistance requested will be provided in the near future.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational accidents and occupational diseases to the labour inspectorate. The Committee notes the information provided by the Government that the MTPS has a National System of Occupational Accidents (SNAT) that enables employers to report occupational accidents, and that the General Act on the prevention of occupational risks sets out that the employer must carry an up-to-date register of occupational accidents and diseases. The Government indicates that the ISSS and the Ministry of Health carry out checks relating to occupational accidents that they deal with in the performance of their duties. The Committee also notes the CSTS’s indication in its observations that, although the SNAT has been implemented since the entry into force of the General Act on the prevention of occupational risks, there is still a lack of notification of cases of occupational diseases suffered by many workers in the country, particularly in the maquila textile and agricultural sector. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on any procedure provided in law or practice for the notification of the labour inspectorate of cases of occupational diseases and occupational accidents by the ISSS and the Ministry of Health, and on how coordination among the different bodies is ensured.

Articles 19, 20 and 21 of Convention No. 81 and Articles Nos 26 and 27 of Convention No. 129. Periodic reviews and annual inspection report. The Committee notes with interest the information provided by the Government that the reports of the labour inspectorate are available online, with information on the total number of inspections carried out and persons affected, the number of technical OSH inspections, the number of inspections in agriculture, and total number of fines imposed. The Committee notes, however, that the most recent report of the labour inspectorate that is available refers to the period between June 2019 and May 2020, and that there is no report for the period since June 2020. The Committee also notes that the Government communicates the number of labour inspectors, while the statistics on occupational accidents are available on the ISSS website. However, none of this information, and no statistics on occupational diseases, are included in the report of the labour inspectorate. While noting the efforts made by the Government to draw up and publish an annual inspection report, the Committee requests the Government to provide information on the compilation and publication in the annual report of the labour inspectorate of all the information required by the Conventions.

Specific issues relating to labour inspection in agriculture

Article 14 of Convention No. 129. Staffing and material means of the labour inspection services. The Committee notes that the CSTS highlights in its observations the need to increase the number of labour inspectors for the enforcement of the legal provisions applicable for enterprises in the agricultural sector because, according to the Government’s information, there are only eight labour inspectors for monitoring the working conditions in the agricultural sector workplaces in the country. The CSTS also indicates the need to equip the department with transport and technological means as well as appropriate and sufficient infrastructure in order for the department to carry out its task of monitoring the working conditions of workers in agricultural sector workplaces. The Committee requests the Government to provide its comments in this respect.

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Organization of the central labour administration authority. The Committee notes the information provided by the Government on the tasks assigned to the MTPS units for public information access, gender equity and information, as well as the change of the legal unit to the legal department and the incorporation of the department for cooperation. It also notes the information provided by the Government on the policies developed in the frameworks of social protection, OSH, social dialogue, public employment policy, and the information system on the labour workforce. The Committee notes this information, which responds to questions raised in its previous request.

Article 5. Consultation, cooperation and negotiation between the public labour administration authorities and employers’ and workers’ organizations. In response to the Committee’s previous comment, the Government reports that the workers’ and employers’ organizations active in the country were convened in order to present their proposals for representatives to the High Labour Council (CST), who were then appointed. The Government also reports that the Council held its first session in September 2019, which the ILO and representatives of national institutions attended; a second session in October 2019, in the context of which the development of a national policy for decent employment was unanimously adopted; and a third session in November 2019. The Committee refers to the conclusions of the Committee on the Application of Standards in the examination of the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), as well as its previous comments made in this respect.

Article 6. Impact of the implementation of the MTPS’s five-year strategic plan on the running of the labour administration system. The Committee notes that, according to the Government, a proposal is being drawn up through the CST’s technical committee on the national strategy for the creation of decent employment, to be submitted to the CST for its consideration and approval. The Committee also notes the actions led by the Government through the MTPS, such as the establishment of the Labour Market Intelligence Unit (UIMEL) and the operationalization of the Labour Market Information System (SIMEL), together with ILO technical assistance; as well as the development of strategies to promote labour intermediation processes at the national level, focusing on programmes to encourage first jobs, and the creation of opportunities for adults and young people without work experience, and for persons with disabilities. The Government also states that the Institutional Strategic Plan 2020–2024 defines strategic objectives based on the promotion of employment, implementation of tripartite social dialogue, improvement of citizen care, and compliance with the applicable international and national legal standards. In this respect, the Committee refers to its most recent comments on the application of the Employment Policy Convention, 1964 (No. 122).

Article 10. Human resources and material means of the labour administration system. 1. Human resources. The Committee notes that public servants engaged with the State under a contractual relationship and the Wages Act are incorporated into the administrative career path, except for public servants listed under section 4 of the Civil Service Act and those who hold positions of political or individual trust, according to article 219(3) of the Constitution of the Republic. The Government also reports that, in relation to the adoption of the Act on the public service, an ad hoc committee has been set up in the Legislative Assembly to examine the draft Act on the public service, which currently has 18 supporting documents before it. The Committee requests the Government to continue to send information on the process and adoption of the Act on the public service.

2. Training. The Committee notes the information provided by the Government that, between 2015 and 2021, the MTPS carried out a total of 444 training sessions, with the participation of 5,793 labour administration staff, and that the subjects covered related to international standards on women’s rights, compilation of labour-related data, quality management, the Civil Service Act and targeted training for the LGBTI population. The Committee notes this information, which responds to questions raised in its previous comment. The Committee also notes the Government’s request for ILO technical assistance and in this respect, expresses the hope that such assistance will be provided in the near future.

3. Material means. The Committee notes the information provided by the Government on the operationalization of the “call centre”, its effectiveness and the broadening of its facilities for its functioning. The Committee also notes the information that the fleet of vehicles pertaining to the MTPS has been increased, and that all the departments have specific areas and offices for the provision of inspection services, including central offices with renovated technical equipment and facilities. In addition, the Committee notes the CSTS’ indication in its observations that the budget assigned to the MTPS by the Government should be gradually increased to ensure professional development, material means, infrastructure and sufficient financial resources for the staff of this State department, with the goal of improving the application of Article 10 of the Convention. The Committee requests the Government to provide its comments in this respect.