El Salvador

"Articles 2 and 3 of the Convention. Pending legislative reforms. For many years, the Committee has been requesting the Government to take the necessary measures to amend the following legislative and constitutional provisions: articles 219 and 236 of the Constitution of the Republic and section 73 of the Civil Service Act, which exclude certain categories of public servants from the right to organize (members of the judiciary, public servants who exercise decision-making authority or are in managerial positions, employees with duties of a highly confidential nature, private secretaries of high-ranking officials, diplomatic representatives, assistants of Public Prosecutors, auxiliary agents, assistant prosecutors, labour prosecutors and delegates); section 204 of the Labour Code, which prohibits membership of more than one trade union, so that workers who have more than one job in different occupations or sectors are able to join different trade unions;"

"Articles 2, 4 and 6. Legislative issues pending for several years. The Committee recalls that for several years it has been making comments on certain provisions of domestic law with the aim of bringing them into conformity with Articles 2, 4 and 6 of the Convention: – acts of interference: section 205 of the Labour Code and 247 of the Penal Code so that the legislation explicitly prohibits all acts of interference under the terms prescribed by Article 2 of the Convention; – requirements to be able to negotiate a collective agreement: sections 270 and 271 of the Labour Code and sections 106 and 123 of the Civil Service Act so that, when no union covers more than 50 per cent of the workers, the right to collective bargaining is explicitly granted to all unions, at least on behalf of their own members; – revision of collective agreements: section 276(3) of the Labour Code to ensure that the renegotiation of collective agreements while they are still in force is only possible at the request of both parties concerned; – judicial remedies in the event of the denial of the registration of a collective agreement: section 279 of the Labour Code to specify that judicial remedies are applicable against decisions of the Director-General not to register a collective agreement; – approval of collective agreements concluded with a public institution: section 287 of the Labour Code and 119 of the Civil Service Act, which regulate collective agreements concluded with a public institution, to replace the requirement for prior ministerial approval by a provision envisaging the participation of the financial authorities during the process of collective bargaining, and not when the collective agreement has already been concluded; – exclusion of certain public employees: section 4(1) of the Civil Service Act so that all public officials who are not engaged in the administration of the State enjoy the guarantees provided for in the Convention. The Committee notes the Government’s indication that it plans to address these recommendations in the Higher Labour Council, which has recently been reactivated, and requests the technical assistance of the Office in this regard. Hoping to be able to note progress in the near future and noting that the Government requests the technical assistance of the Office, the Committee urges the Government to, with prior tripartite consultation, take the necessary steps to ensure conformity of the above provisions with the Convention. ""

"Articles 2 and 3. Legislative reforms pending. For several years, the Committee has been requesting the Government to take the necessary measures to amend the following legislative and constitutional provisions (...) -article 221 of the Constitution of the Republic so as to limit the prohibition of the right to strike in the public service to officials exercising authority in the name of the State and those who perform their duties in essential services in the strict sense of the term (while recalling that it is also possible to restrict the exercise of the right to strike through the establishment of minimum services in public services of fundamental importance); -section 529 of the Labour Code so that when a decision is taken to call a strike, only the votes cast are taken into account, and also that the principle is recognized of the freedom to work of non-strikers and the right of employers and managerial staff to enter the premises of the enterprise or establishment, even where the strike has been decided upon by an absolute majority of the workers; and -section 553(f) of the Labour Code, which provides that strikes shall be declared unlawful “where inspection shows that the striking workers do not constitute at least 51 per cent of the personnel of the enterprise or establishment,” which is inconsistent with section 529(3) of the Labour Code and which restricts excessively the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes."