Documented violations - actual number of cases may be higher
Population:
6,200,000
Capital: San Salvador
Capital: San Salvador
The anti-union culture among employers remains strong and continues to hamper the full exercise of trade union rights. Numerous municipal employees were dismissed, including union members, and a trade union leader was murdered.
ILO Core Conventions Ratified:
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)
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 - 2011
Background
El Salvador continues to be plagued by criminal violence and the government has mobilised the army to assist the police in the fight against crime. The country has been hard hit by the economic crisis, undermining respect for trade union rights and their application, especially in the private sector. Workers formed 50 unions over the course of the year, including 18 in the public sector (36%); these organisations were registered by the labour administration.
Employers’ organisations waged a campaign to increase working hours in the maquilas, which trade union organisations opposed. The labour administration also refused to approve the proposal.
ILO Core Conventions Ratified:
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)
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)
Population:
6,200,000
Capital: San Salvador
Capital: San Salvador
reported violations- 2011
Documented violations - actual number of cases may be higher
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
Legal 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 in law 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
Legal 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
Legal 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.
ILO Core Conventions Ratified:
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)
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)
Population:
6,200,000
Capital: San Salvador
Capital: San Salvador
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Trade union rights crushed: The 67,000 workers, mainly women, employed in El Salvador’s 15 export processing zones (EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
) are faced with exploitation, mistreatment, verbal abuse, threats and sexual harassment. The textile maquila is characterised by its staunch anti-union policy, dismissing workers attempting to exercise their trade union rights, be it forming a union or joining an existing one. EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
employees are considered to work in slave-like conditions. Many public employees are also denied the right to organise and there are so many restrictions on the right to 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 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.
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.
ILO Core Conventions Ratified:
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)
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)
Population:
6,200,000
Capital: San Salvador
Capital: San Salvador
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Leadership of construction workers’ union SUTC denied registration: Members of the construction workers’ union SUTC (Sindicato Unión de Trabajadores de la Construcción) denounced the refusal of the Labour Minister, Dr Victoria María Velásquez de Avilés, to register the SUTC executive body freely elected by the workers in January, based on claims of legal flaws that have no juridical foundation. The minister’s decision affected the working conditions of over 30,000 workers, as their collective agreement has expired and cannot be renegotiated until the union’s leadership-elect is registered.
Municipal employees sacked: On 6 January, the municipal authorities in Ayutuxtepeque unfairly dismissed 12 male and six female workers, all members of the municipal trade union SITRAMAY. It was reported that the municipal authorities had established a reign of terror over its employees, dismissing workers, threatening them, increasing their working hours, docking their wages without justification and cutting their benefits.
Trade union leader murdered: On 15 January, Victoriano Abel Vega, general secretary of the municipal union in Santa Ana SITRAMSA, affiliated to the independent workers’ confederation CATS (Central Autónoma de Trabajadores Salvadoreños), was murdered by heavily armed men. His murder came as action denouncing the dismissals of municipal workers was being taken. Trade union leaders reported that he had already received death threats linked to his trade union activities in the western part of the country.
Dismissed for forming a union: Luís Ortega, general secretary of the newly formed union of Legislative Assembly workers SITRAL (Sindicato de Trabajadores de la Asamblea Legislativa) denounced his “imminent dismissal” and the attempts by the current leaders in the Congress to “behead” this movement within the highest state body. Ortega was elected as general secretary of the union, however, ever since the organisation was recognised by the Labour Ministry, it has been faced with a series of obstacles from Congress leaders refusing to receive the union representatives at meetings to present their aims and work programme. When the dismissal was announced, the public workers’ federation FESITRASEP (Federación de Sindicatos de Trabajadoras y Trabajadores del Sector Público), supporting SITRAL’s Executive Board, joined with the union in filing an appeal with the Supreme Court of Justice to halt the decision to sack the general secretary.
ILO Core Conventions Ratified:
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)
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)
Population:
6,200,000
Capital: San Salvador
Capital: San Salvador
reported violations - 2011
Documented violations - actual number of cases may be higher