El Salvador - 2012
Capital: San Salvador

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action, used as a means of exerting pressure, continued to be repressed. Attacks on workers’ trade union rights, physical integrity and freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework were constant, as demonstrated by the arrest of a representative of the LIDO workers’ union and the refusal by private companies to allow the free exercise of organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
rights. Despite efforts by the present government to facilitate unionisation in the public sector, the Ministry of Labour and Social Security demonstrated a total lack of interest in defending the rights of the workers and union leaders affected by unfair dismissals and acts of repression in municipal councils across the country. The murder of a trade union leader remains unpunished.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
The country continues to be plagued by violence. A report of the Citizens’ Council for Public Security and Penal Justice pointed out that the murder rate in 2011 in the city of San Salvador was 94 for every 100,000 inhabitants and that the nationwide murder rate was 53 for every 100,000 inhabitants.
Expectations that the government of President Funes would bring greater freedoms were not met. The reform of the judicial legislation, promoted and approved by right-wing parties in the Legislative Assembly and endorsed by the president, grants the current Legislative Assembly unlimited powers and halts the work of the Constitutional Chamber of the Supreme Court of Justice (CSJ), leaving citizens without legal protection against acts and decisions violating their constitutional rights.
President Mauricio Funes has turned his back on the people and is moving closer to business with the approval of Decree 743, drawn up to restrict the powers of the Constitutional Chamber. In response to this move, the Coalition for Political and Electoral Reform (CREE) called a citizens’ protest to coincide with the XLI General Assembly of the OAS in June, to press the Legislative Assembly to repeal Decree 743 and restore the independence of the CSJ.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San Salvador

reported violations- 2012
Trade union rights in law
Despite some recent improvements, trade union rights remain excessively restricted. Decree No. 33 of June 2009, which modified article 47 of the Constitution, extended the right to organise to public servants. However members of the legal profession and those employed in the District Attorney’s Office are still excluded. To form a union at least 35 members are required, and prior authorisation from the government is needed to register. Members of a union’s leadership bodies must also be Salvadorian by birth.
While the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is recognised, in order to engage in collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
for the first time, a union’s membership must represent at least 51% of the workforce in the establishment. Collective agreements concluded with a public institution must also be endorsed by the respective ministry, and are subject to prior consultation with the Ministry of Finance.
All strikes must relate to a collective agreement or the defence of the workers’ professional interests. A protected strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
must be backed by an absolute majority of the employees in a workplace, and unions must also wait four days after receiving the approval of the Ministry of Labour before beginning a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Public and municipal employees are banned from striking. Strikes in essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
are likewise prohibited. However there is no reference in the law indicating which services are essential. Finally, the Director-General of Labour has the power to determine the extent of the minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework
at the request of one of the parties.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- To be legally registered, trade unions must follow complex procedures, including the requirement to obtain prior authorisation from the government.
- >Excessive representativity or minimum number of members required for the establishment of a union
- A minimum of 35 workers is the legal requirement for forming a trade union.
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- What is more, if legal registration of a union is denied, any attempts to promote organising of the union are banned for the next six months.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- The law prohibits workers from joining more than one trade union.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Members of a union's leadership bodies must be Salvadorian by birth.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- >Others categories
- Workers in private security firms do not enjoy the right to establish or join trade union organisations.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
Restrictions
Barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- The state restricts the negotiation of collective agreements by stipulating in the Labour Code that in order to engage in collective bargaining for the first time, a union's membership must represent at least 51 percent of the workforce in the company or workplace.
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' approval of freely concluded collective agreements
- To validate collective agreements concluded with a public institution the endorsement of the respective ministry is required together with prior consultation of the Ministry of Finance.
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- Public sector workers not employed by autonomous agencies, such as public hospitals and the State-owned electricity company, do not have the right to engage in collective bargaining. Other excluded categories include tax collectors, treasurers, paymasters, inspectors, store guards, warehouse managers and auditors employed in any capacity by public institutions.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
Employers' right to lock out staff and workers' right to strike are both recognised, except in the essential public services defined in law.
Restrictions
Barriers to lawful strike actions:
- >Previous authorisation or approval by authorities required to hold a lawful strike
- Unions must wait four days after receiving the approval of the Ministry of Labour before beginning a strike, and do not have the right to appeal against any legal ruling declaring a strike illegal.
- >Excessive representativity or minimum number of members required to hold a lawful strike
- The laws allows strikes to 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".
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- Strikes must be decided upon by the absolute majority of the workers in the enterprise or establishment affected by the dispute, in which case the decision is binding for all the personnel. In contrast, if it is decided upon by less than the absolute majority, the union and the workers who are active in the dispute shall be under the obligation to respect the freedom to work of those not participating in the strike.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- A strike can only be called if it concerns a change or renewal of a collective agreement or the defence of the workers' professional interests.
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Public and municipal employees do not have the right to strike.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The law states that strikes will be declared illegal when they are called in an essential service. However, there is no reference in the Labour Code indicating which specific services are considered essential.
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- The law provides that within seven days of the commencement of a strike, the Director- General of Labour, at the request of one of the parties, "and after notification of the union that has called the strike", shall determine the number, category and names of the workers who shall remain in the enterprise for the performance of work the suspension of which may seriously prejudice or render impossible the normal recommencement of work or affect the security or conservation of the enterprises or establishments.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San Salvador

reported violations - 2012
In practice
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike that it is practically impossible to exercise it. Private sector workers are faced with heavy restrictions as well as excessive requirements and red tape when trying to form or affiliate with a union. Anti-union practices are extremely widespread and the public authorities do not take adequate measures to stop them. Furthermore, the law does not provide for the reinstatement of workers unfairly dismissed on account of their union membership or activities.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San Salvador

reported violations - 2012
Violations
See tripartism, ITUC Guide to international trade union rights ) for violating freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework and the right to life.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike at the Boulevard del Ejército plant, the manager pressed false charges against Atilio Jaimes Pérez, general secretary of the LIDO workers’ union SELSA, accusing him of issuing death threats. The trade union leader was called outside the plant, supposedly to hold talks with the management, only to find himself confronted with National Civil Police officers, who proceeded to arrest him. The company said it would drop the charges if the workers ended the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The trade union leader was held like a common criminal in the cells of the National Civil Police in San Bartolo. His release was finally secured thanks to international solidarity and pressure combined with the efforts of his union colleagues.
In November 2010, the Santa Ana Municipal Council initiated dismissal proceedings against Karla Beatriz López Contreras, an executive member of the Santa Ana municipal workers’ union SITRAMSA. The Council also ordered her suspension pending the completion of the dismissal procedure. Following up on a complaint filed with the International Labour Organisation, the Labour Minister requested a report on the matter from the Santa Ana Labour Court. At the end of 2011, over one year after the procedure had been initiated, the dismissal was found to be unlawful and the Municipal Council was ordered to reinstate her.
In June 2010, José Fausto Recinos, employed as a driver with the municipal police force (CAM) of the Mejicanos Municipal Council, was transferred without prior notice. The Central Autónoma de Trabajadores Salvadoreños (CATS) initiated protection proceedings, taking action against the Mejicanos Municipal Council for failure to comply with due process and the violation of trade union immunity.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San Salvador
