Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - El Salvador (Ratification: 2006)

The Committee notes the observations of the National Confederation of Salvadoran Workers (CNTS), received on 31 August 2025. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2025, which reiterate the comments made before the Conference Committee on the Application of Standards (hereinafter “the Conference Committee”) in June 2025 concerning the application of the Convention by El Salvador. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025, as well as the joint observations of the Autonomous Central of Salvadoran Workers (CATS), the CNTS, the Single Confederation of Salvadoran Workers (CUTS) and the Trade Union Confederation of Workers of El Salvador (CSTS), received on 3 September 2025, which refer to issues examined in the present comment.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the discussion held in the Conference Committee at its 113th Session (2025) and observes that the Conference Committee: (i) noted with deep concern the allegations of ongoing violations of the Convention by the Government; and (ii) expressed serious concern regarding the allegations of interference by the authorities in the activities of employers’ and workers’ organizations contrary to Article 2 of the Convention and reported acts of harassment against an employers’ organization, namely the National Association of Private Enterprise (ANEP). The Conference Committee urged the Government to take effective and time-bound measures to:

• immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations, and adopt measures to ensure that such acts are not repeated;
• re-establish, promote, and participate in institutionalized tripartite social dialogue and collective bargaining, conducted in a framework of mutual respect, and legal certainty in line with the Convention;
• establish genuine consultations with workers’ and employers’ representatives to discuss all matters relating to labour reform and the Labour Code, and reactivate, without delay, the Higher Labour Council (CST) to ensure the full participation of workers’ and employers’ organizations in social dialogue and tripartite consultations;
• develop a time-bound road map to implement without delay all recommendations made by the ILO high-level tripartite mission of 2022 and the Committee’s recommendations.

The Conference Committee invited the Government to accept a technical assistance mission with the support of the ITUC and the IOE. The Committee hopes that the Government will accept this technical mission and that it will be carried out as soon as possible. The Committee urges the Government to adopt each and every measure requested by the Conference Committee, many of which refer to issues also examined by the Committee in its comment on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comment, the Committee requested the Government to provide detailed information on the types of fines imposed in the event of acts of anti-union discrimination. The Committee notes the Government’s indication that: (i) the amendment, in 2022, to section 627 of the Labour Code significantly increased the amounts of fines applicable for violations of the provisions of Books I, II and III of the Labour Code (acts of anti-union discrimination constitute violations of the fundamental rights enshrined in Books I and II of the Labour Code); (ii) fines are determined based on the size of the enterprise, according to the number of workers employed (in enterprises with more than 100 workers, each violation can result in a fine of up to 12 times the minimum wage); (iii) in addition to the size of the enterprise, the seriousness of the violation, the intent and the injury caused are taken into account as factors enabling penalties to be classified and graduated; and (iv) the Labour Inspection Department undertakes periodic inspections and, during 2024, recorded a total of 88 violations relating to acts of anti-union discrimination, mostly in connection with the dismissal of union leaders; as a result of these inspections, 33 fines were imposed, amounting cumulatively to a total of US$8,909.82. The Committee requests the Government to continue providing statistical information on the number of complaints alleging anti-union discrimination, indicating the sectors concerned, the action taken with regard to these complaints, the fines imposed and any other compensatory measures applied, including reinstatement. Furthermore, considering, in the light of the information referred to above, that the fines imposed might not be sufficiently dissuasive, particularly for large enterprises, the Committee requests the Government to provide detailed information in this respect.

The Committee notes the allegations of the CNTS, the CSTS, the CATS and the CUTS that public institutions systematically violate the Convention, pointing to a wave of hundreds of dismissals of trade union members and leaders in various public entities, including ministries and municipalities. The organizations concerned state that, in some cases, entire executive committees have been dismissed, which has paralysed negotiations and compliance with collective agreements. The CNTS provides information on the status of judicial proceedings relating to the dismissal of 12 public sector trade union leaders and indicates that, due to the climate of fear engendered by the state of emergency, not all leaders have brought a court action or made a complaint.

The Committee notes that the Committee on Freedom of Association recently examined allegations of dismissals for anti-union reasons, in less than two years, of dozens of trade union leaders of different trade union organizations by eight public entities. The Committee on Freedom of Association requested the Government to take the necessary measures to ensure that an independent investigation is carried out immediately into the alleged facts and, if they are found to be true, to take the appropriate remedial measures (Case No. 3472, 412th Report, November 2025). The Committee refers to these conclusions. The Committee notes the indication of the Government and the ITUC that within the Ministry of Labour and Social Welfare, discussions took place on the establishment of inter-institutional coordination mechanisms for the review of cases of trade union leaders dismissed for their union activity, in a bipartite forum that ensures fair treatment. The Government indicates that this measure is currently being followed up at legal and administrative levels and that it will therefore provide information in this regard as soon as possible. The Committee further notes that the ITUC also indicates that the establishment of a joint follow-up committee to deal with complaints made to the ILO and support the progressive implementation of international recommendations is envisaged. The Committee requests the Government to take all necessary measures to ensure that allegations of anti-union discrimination, including those referred to above, are investigated by independent bodies having the confidence of the parties concerned and that, whenever such allegations are verified, adequate remedies and sufficiently dissuasive sanctions are applied. The Committee requests the Government to provide information on all measures taken in this regard, including the aforementioned initiatives.

The Committee recalls that, in its previous comments in the context of the application of the present Convention and of the Labour Relations (Public Service) Convention, 1978 (No. 151), it referred to the need to introduce legislative reforms to ensure that all public workers covered by these Conventions, including workers in municipal authorities, enjoy adequate protection against anti-union discrimination. The Committee notes the Government’s indication that various measures have been adopted to ensure protection against anti-union discrimination for municipal workers. The Government indicates that inspections have been carried out to determine staff recruitment procedures in the various municipal authorities and to verify compliance with obligations related to deductions, especially those related to the payment of salaries, social security and contributions. The Committee notes the statistical information provided on the inspections conducted in municipal authorities, relating to issues other than those addressed in the present comment. The Committee notes that several of the trade union leaders mentioned by the CNTS, the CSTS, the CATS and the CUTS were dismissed from municipalities. Furthermore, these organizations allege that in the municipal sector, there are rulings in favour of workers with which municipal authorities have not complied. The Committee requests the Government to provide its comments in this respect and once again requests it to revise the legal framework, in consultation with the representative organizations in the sector, to ensure that municipal authority workers have access to adequate protection against acts of anti-union discrimination. The Committee further requests the Government to report any developments in this respect.

Articles 2, 4 and 6. Legislative issues pending for several years. The Committee recalls that, for a number of years, it has been making comments on certain provisions of domestic law with the aim of bringing them into full conformity with the Convention:

• acts of interference (section 205 of the Labour Code and section 247 of the Penal Code), so that the legislation explicitly prohibits all acts of interference in the terms prescribed by Article 2 of the Convention;
• requirements for negotiating a collective agreement (sections 270 and 271 of the Labour Code and sections 106 and 123 of the Civil Service Act), so that when one or more unions do not cover more than 50 per cent of the workers, collective bargaining rights are explicitly granted to the existing unions so that they, jointly or separately, can at least represent their own members;
• revision of collective agreements (section 276(3) of the Labour Code), so that the renegotiation of collective agreements while they are still in force is only possible at the request of both signatory parties;
• judicial remedies in the event of refusal to register a collective agreement: (section 279 of the Labour Code), in order to clarify that appeals can be made against decisions of the Director-General involving refusal to register a collective agreement;
• approval of collective agreements concluded with a public institution (section 287 of the Labour Code and section 119 of the Civil Service Act, which regulate collective agreements concluded with a public institution), in order to replace the requirement for ministerial approval by a provision envisaging the participation of the budgetary authority during the process of collective bargaining, and not when the collective agreement has already been concluded;
• exclusion of certain categories of public employees (section 4(1) of the Civil Service Act), so that all public officials not engaged in the administration of the State enjoy the guarantees provided for in the Convention.

The Conference Committee urged the Government to establish genuine consultations with workers’ and employers’ representatives to discuss all matters relating to labour reform and the Labour Code, and reactivate, without delay, the Higher Labour Council (CST) to ensure the full participation of workers’ and employers’ organizations in social dialogue and tripartite consultations. In connection with the functioning of the CST, the Committee referred to its comments under Convention No. 87. The Committee notes the Government’s reaffirmation of its commitment to the complete revision and updating of the Labour Code and its indication that technical work is under way in order to produce an initial proposal to be submitted for consultation with the social partners and also to obtain the necessary technical assistance. The Government also indicates that, while in 2025 the Legislative Assembly decided, in the interest of efficiency, to reduce the number of commissions responsible for studying laws and possible amendments thereto, the Technology, Tourism and Investment Committee has assumed the responsibilities of the Labour and Social Welfare Committee, while the Committee on Salvadorans Abroad, Legislation and Government addresses issues relating to the Constitution and constitutional reform. The Committee expresses its firm expectation that the Government, in full consultation with the most representative employers’ and workers’ organizations, will take the necessary measures without delay to bring the above-mentioned provisions fully into conformity with the Convention. The Committee requests the Government to provide information in this regard.

Collective bargaining in practice. The Committee notes the Government’s indication that the Ministry of Labour and Social Welfare has promoted various actions aimed at ensuring an environment conducive to effective collective bargaining and that, as a result of these actions, between 2022 and 2024, 55 new collective agreements were registered, of which 20 relate to the public sector and autonomous institutions and 35 to the private sector, which is evidence of a positive trend towards an increase in collective agreements.

The Government indicates that the low coverage rate of collective agreements (4.6 per cent in 2018 according to ILOSTAT data) is not due to the requirements established by the legislation but rather to the historical stigmatization of the trade union movement and the resistance of some employers to engaging in collective bargaining. The Government indicates that, in order to counter the above, initiatives such as the “Collective Bargaining Prize” were introduced and the Ministry of Labour and Social Welfare facilitated a total of 2,021 conciliation hearings, providing assistance for the formalization of trade unions and laying the groundwork for progressively expanding the coverage of collective instruments.

The Committee notes that the ITUC highlights the worryingly low level of collective bargaining and underscores the need to amend key provisions of the Labour Code and the Civil Service Act to allow the effective exercise of the right to collective bargaining in both the public and private sector. The Committee further notes that the CATS, the CNTS, the CUTS and the CSTS state, inter alia, that both the legislation (in particular the high percentage required for representativeness) and the practice of the competent authorities (in particular the Civil Service Tribunal) and of public and private employers seriously hinder the exercise of collective bargaining. While requesting the Government to provide its comments on the observations of the trade unions, the Committee urges the Government to take in the near future the necessary legal and practical measures necessary to promote the full development and effective utilization of collective bargaining in all sectors covered by the Convention. The Committee requests the Government to provide information in this regard, as well as on the number of collective agreements concluded and in force, specifying the sector and the number of workers covered by such agreements.

[The Government is asked to reply in full to the present comments in 2026.]