Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - El Salvador (Ratification: 1995)

The Committee notes the observations of the National Business Association (ANEP), endorsed by the International Organisation of Employers (IOE), received on 7 September 2019. The Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussion in the Conference Committee on the Application of Standards, in June 2019, on the application of the Convention, in which it noted with concern that no progress had been made in compliance with the Convention and that social dialogue continued to be dysfunctional in the country. The Conference Committee therefore once again called upon the Government to: (i) refrain from interfering with establishment of workers’ and employers’ organizations and to facilitate, in accordance with national law, the proper representation of legitimate employers’ and workers’ organizations by issuing appropriate credentials; (ii) develop, in consultation with the most representative employers’ and workers’ organizations, clear, objective, predictable and legally binding rules for the reactivation and full functioning of the Higher Labour Council (CST); (iii) reactivate, without delay, the CST and other tripartite entities, respecting the autonomy of the most representative organizations of workers and employers and through social dialogue in order to ensure its full functioning without any interference; and (iv) continue to avail itself without delay of ILO technical assistance. It also requested the Government to elaborate in consultation with the most representative employers’ and workers’ organizations and submit a detailed report to the Committee of Experts before its next session. Finally, the Committee urged the Government to accept a direct contacts mission of the ILO before the 109th Session of the International Labour Conference. In her intervention in the Conference, the Government representative welcomed the conclusions and indicated that her country was prepared to accept a direct contacts mission. In his intervention before the Conference Committee, the Government representative expressed his satisfaction with the conclusions of the Committee, and his willingness to accept a direct contacts mission.

Articles 2 and 3(1) of the Convention. Adequate procedures. Election of the representatives of the social partners to the CST. In its previous comments, the Committee expressed the firm hope that the Government would take the necessary measures to promote and reinforce tripartism and genuine social dialogue with a view to ensuring the operation of the CST. In this context, the Committee once again urged the Government to establish without delay, in prior consultation with the social partners, clear and transparent rules for the nomination of workers’ representatives to the CST that comply with the criterion of representativity. The Committee notes with interest the reactivation of the CST, following six years of inactivity. In this respect, ANEP indicates that the change in government offers a possible solution to the inactivity of the CST, as long as the decisions and recommendations of the supervisory bodies of the ILO are respected and a genuine and free designation of the representatives of the sectors is permitted. The Government indicates that, after the new government took office on 1 June 2019, it made a commitment to the importance of implementing an inclusive labour policy that has the support of employers and workers under equal conditions. The Government adds that, in accordance with the national legislation and the desire for change of the new Government, measures have been taken with a view to initiating constructive social dialogue and reactivating the CST. The Government reports that the active workers’ and employers’ organizations in the country were convened to put forward their proposals for representatives on the CST (eight titular members and eight substitute members for each of the partners), in accordance with the provisions of section 4(b) and (c) of the Rules of the CST. The Government indicates that both workers and employers made their proposals in due time and form. The President of the Republic issued the decision appointing the government representatives, in accordance with section 4 of the Rules of the CST. The Government adds that on 16 September 2019, once the government, worker and employer representatives had been appointed, the CST was inaugurated and held its first session. The Government provides in its report a list of the government, employer and worker representatives selected. The Government indicates that the first plenary session of the CST was also attended by numerous partners, including the Deputy Director of the ILO Subregional Office for Central America, Haiti and the Dominican Republic and various representatives of national institutions. During the session, the members of the CST unanimously approved a communication informing the national and international communities of the reactivation of the CST and requested the ILO to continue providing technical assistance. In the communication, the government, worker and employer representatives expressed their good will to reach agreements through social dialogue and to seek compromises and understandings with a view to contributing to the stability of the country. On 14 October 2019, the second session of the CST was held, during which unanimous approval was expressed for the preparation of a National Decent Work Policy with ILO technical assistance. The third session was held on 6 November 2019, in which the discussions, among other subjects, covered the methodological proposal and road map to be followed for the development of the National Strategy for the Generation of Decent Employment. The Committee requests the Government to continue providing detailed and updated information on the measures adopted to ensure the effective operation of the Higher Labour Council (CST). It also requests the Government to continue providing detailed information on the content and outcome of the tripartite consultations held within the framework of the CST.

With regard to the allegations made by the National Business Association (ANEP) concerning Government interference in the selection of employer representatives on the General Electricity and Telecommunications Supervisory Body (SIGET), the Government refers to section 6(b) of the Act to establish the SIGET, which provides that the Board of Directors shall be composed, among others, of a director elected by private sector employer associations. The Government indicates that, under the terms of this provision, Economic Branch Executive Decision No. 1541, of 23 November 2017, was adopted appointing the titular and substitute directors of the Board of Directors of the SIGET representing private sector employer associations. The Government indicates that the Supreme Court of Justice has handed down a ruling setting aside the election of the employer representatives challenged by the ANEP. The Committee also requests the Government to provide a copy of the ruling of the Supreme Court of Justice definitively setting aside the election of the 2017 employer representatives on the SIGET. The Committee also requests the Government to provide information on the forms of elections of the representatives of employers and the date on which the elections were held.

Article 5(1). Effective tripartite consultations. In its previous comments, the Committee noted the preparation of a draft “Protocol on the submission procedure”, with the support of the cooperation provided by the ILO within the framework of the project of the Generalized System of Preferences (GSP) of the European Union. The Government indicated that the draft Protocol had been communicated to the competent bodies for consultation, which had required legal consultations with a view to identifying the commitments and implications of the submission process. The Government added that once the final draft of the Protocol had been adopted, it would be forwarded to the social partners for consultation. In this regard, the Committee requested the Government to provide information on the outcome of the tripartite consultations held and to provide a copy of the Protocol once it had been adopted. The Committee also requested the Government to provide updated information on the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. The Committee notes the Government’s indication that, in June 2019, prior to the 108th Session of the International Labour Conference, the Minister of Labour and Social Welfare met representatives of the unions and employers’ organizations with a view to developing the necessary commitment and adopting the relevant political decisions to give effect to the ILO Conventions ratified by the country. However, the Committee notes that the Government has not provided information on the tripartite consultations held on the draft Protocol on the submission procedure, nor on the progress made with its adoption. Nor has the Government provided information in its report on the tripartite consultations held on the matters relating to international labour standards covered by the Convention. In this regard, the Committee recalls that, in accordance with Article 5(1) of the Convention, effective tripartite consultations shall be held on: (a) government replies to questionnaires concerning items on the agenda of the International Labour Conference; (b) the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations; (c) the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification, as appropriate; (d) questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the International Labour Organization; and (e) proposals for the denunciation of ratified Conventions. The Committee therefore once again requests the Government to provide updated information on the outcome of the tripartite consultations held concerning the Protocol on the submission procedure, and to provide a copy of the Protocol when it has been adopted. It also once again requests the Government to provide detailed and updated information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1)(a) to (e) of the Convention.

Technical assistance. In its previous comments, the Committee requested the Government to continue providing detailed information on the measures adopted within the framework of ILO technical assistance, and on their outcome. The Government has requested the continuation of technical assistance in such areas as technical support for the Technical Secretariat of the CST for the development of a social dialogue agenda and the respective work plan, and support for its implementation. Moreover, in accordance with the agreement reached during the session of the CST held on 14 October 2019, the Government requested ILO technical assistance for the tripartite preparation of the National Strategy for the Generation of Decent Employment, in accordance with the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to continue providing detailed and updated information on the measures adopted or envisaged to promote tripartism and social dialogue in the country within the context of ILO technical assistance, and on their outcome.