Employment Policy Convention, 1964 (No. 122) - El Salvador (Ratification: 1995)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 and 3 of the Convention. Active policy to promote full employment. Consultations with the social partners. The Committee notes the adoption of the Institutional Strategic Plan 2020–24, which contemplates the design and implementation of the National Strategy for the Generation of Decent Employment (ENGED), which provides for specific actions to promote the transition from informality to formality in coordination with the various bodies linked to the area. In this regard, the Committee refers to its comments of 2022 concerning the implementation of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in which it noted the tripartite construction of the ENGED, for which the Higher Labour Council (CST) requested technical assistance from the ILO. The Committee also noted that the Government indicated that several meetings had been held with representatives of the ILO Regional Office with a view to reaching a consensus on a road map for the construction of the Strategy. Lastly, the Committee notes that, with regard to consultations on the employment policy, the Government indicates that complementary consultations were held with labour and business associations and that an open consultation was held with the public. In 2017, the employment policy was submitted to the CST, but at that time the CST was inactive. The Government further reports that the consultation period with the employer sector was short. On the other hand, the Government indicates that in order to bring employment services closer to the population and facilitate access to decent employment, it designed a strategy for the territorialization of public employment services, which includes: (i) the creation of meetings for employment and business meetings; (ii) the implementation of employment guidance, skills development and entrepreneurship promotion programmes; (iii) the development of a new employment system that will allow efficient, agile and user-friendly registration; (iii) the establishment of an Inter-institutional Coordination Table between different local actors, linked to employment, employability and entrepreneurship, in order to implement programmes or projects, prioritizing young people, women, persons with disabilities and returned migrants. The Commission welcomes the creation in 2021 of the Institute for Labour Studies, considered as a space for the generation of knowledge and academic meetings with workers, universities, business associations and the Government, in order to strengthen the management of public policies on labour issues. Finally, the Government also refers to the signing, in 2020, of a memorandum of understanding between El Salvador and the United States of America to strengthen the participation of Salvadoran labour in the temporary worker programme in the United States, the objective of which is that people with experience in the agricultural sector can access temporary jobs in the United States. The Government indicates in this regard that a systematic increase in visa issuance is expected each year in the interest of contributing to economic development and fostering mechanisms for legal and safe migration to the United States. The Committee requests the Government to provide detailed information on whether an evaluation of theStrategic Plan for the period 2020–24 has been carried out, with a view to measuring progress made under each of its objectives andto feed into the next Employment Strategy. The Committee also requests the Government to indicate how the new strategy for the period after 2024 will promote as a key objective the creation of decent and productive work in the formal economy taking into account that, according to ILOSTAT, the informal economy accounted for 68 per cent of total employment in the country in 2022. It also requests the Government to indicate whether such an evaluation has been carried out with the participation of or in consultation with representatives of the social partners and representatives of other persons affected by the strategy.Furthermore, the Committee requests the Government to continue to provide detailed information on the manner in which it ensures that the social partners, as well as representatives of all sectors of the economically active population concerned – including representatives of rural and informal economy workers – can actively participate in the design, implementation, evaluation and review of national employment policies. In addition, it requests the Government to continue to provide information on the implementation of the temporary worker programme in the United States in generating full, productive and freely chosen employment.

Article 2. Employment trends. Labour market information. The Committee notes with interest the creation of the Labour Market Information System (SIMEL), a platform developed with the assistance of the ILO, aimed at standardizing statistical information on key labour market indicators and facilitating decision-making on employment policy. The Committee notes that the Government indicates that the Market Intelligence Unit (UIMEL) was created within the MTPS in 2019 to oversee the implementation of SIMEL. The Committee notes that, according to the data available on the SIMEL website, between 2021 and 2022, the number of employed persons in the country increased from 2,746,864 to 2,845,750 (42 per cent women and 58 per cent men); while the number of unemployed persons decreased from 185,808 to 151,352 (42.5 per cent women and 57.5 per cent men). The labour force increased slightly from 2,932,673 to 2,997,102 persons (42 per cent female and 58 per cent male) and the population outside the labour force decreased from 1,817,450 to 1,779,743 persons (76.5 per cent female and 23.5 per cent male). The Committee notes that, according to statistical information from the Central Reserve Bank of El Salvador (BCR), in 2022, the unemployment rate was 4.8 per cent, and the underemployment rate was 40.6 per cent. The unemployment rate differed among the country’s departments. The department with the lowest unemployment rate was La Paz (4.2 per cent), while the department with the highest unemployment rate was San Vicente (8.2 per cent). The urban underemployment rate was 40.6 per cent, of which 6.1 per cent are classified as visible or insufficient hours underemployed and 34.5 per cent as invisible or income underemployed. Furthermore, the BCR report indicates that, in 2022, 64.6 per cent of the economically active population was in urban areas, while 35.4 per cent was in rural areas. For every 100 persons belonging to the urban economically active population, 51 were fully employed, 40 were underemployed, five were unemployed and four were employed in domestic service. The report also highlights that the unemployed population consisted mainly of urban residents (61.5 per cent), mostly men (57.0 per cent). While noting the labour force participation gap between men and women, as well as the high percentage of women outside the labour force, the Committee requests the Government to indicate the measures and policies taken or envisaged to address these inequalities and to promote the employment of women at all levels and in all sectors, including decision-making positions. The Committee also requests the Government to continue to provide updated and clear statistics, disaggregated by age and sex, on the situation, level and trends of employment, unemployment and underemployment in both the urban and rural sectors of the country.

Distribution of employment by economic sector. The Committee takes note of the information provided by the Government regarding the contribution of export-oriented productive sectors to the creation of lasting and quality employment. The Government reports that according to statistical information from the BCR, in 2020 the manufacturing sector accounted for 96.3 per cent of the country’s exports; and that 221,912 formal jobs were created in 2021, of which 95,819 for women and 126,093 for men. In 2020, 439,122 people worked in the manufacturing sector (232,705 men and 206,417 women), of which 49.3 per cent were in formal employment (154,139 men and 124,047 women). The Committee notes that, according to ILOSTAT, the share of employment in industry in El Salvador remains lower than in agriculture and the services sector, where half of the employed are found. It therefore requests the Government to indicate the types of measures taken or envisaged with a view to promoting access to qualitative and productive employment also in the agricultural and services sectors.

Micro and small enterprises (MSEs). The Committee notes the information provided by the Government regarding the impact of the measures adopted to promote enterprise development and foster the competitiveness and sustainability of MSEs: in 2020 and 2021, 35,054 advisory services were provided on business management issues, 888 technical assistance services on business management and specialized topics to improve productivity, quality and market participation. The government also refers to various programmes and projects aimed at supporting entrepreneurship, through which seed capital and training were provided. These measures generated, among others, 4 815 jobs and produced 340 registrations for the formalization of MSEs. In its previous comment, the Committee noted that the CNTS maintained that the Special Law on Self-Employed Workers had not yet been adopted. In this respect, the Government reports that the National Commission for Micro and Small Enterprises (CONAMYPE) has not participated in a project for the elaboration of such a law, but that in conjunction with the Ministry of Finance and the Salvadoran Social Security Institute (ISSS) the draft Law on Economic Integration has been prepared, with the aim of establishing a simplified tax regime for three years, which would allow the formalization of entrepreneurs in the microenterprise segment, with minimum requirements to be met, in addition to benefits such as social security and savings quota. The Committee wishes to emphasize that the creation of an enabling environment for the emergence of sustainable micro, small and medium-sized enterprises represents a key component for the effectiveness of formalization strategies and the creation of decent work and productive employment, and requests the Government to continue to provide detailed and updated information on the impact of the measures implemented to promote business development and foster the competitiveness and sustainability of micro, small and medium-sized enterprises. The Committee also requests the Government to provide information on the status of the draft Law on Economic Integration and to send a copy of it once it has been adopted.

Education and vocational training. The Committee notes that the Government indicates that measures aimed at promoting the employability of the population in conditions of vulnerability include: various training programmes of the Salvadoran Institute for Technical Vocational Training (INSAFORP), such as the Permanent Technical Skill Programme (HTP), aimed at the unemployed or underemployed population, which seeks to contribute to improving the living conditions of the beneficiaries of training through the purchase of participation in technical courses. Under this programme, between 2019 and 2021, 65,671 participations were made, of which 37,794 for women. The Government also refers to the adoption, in May 2019, of the Policy for the Articulation of Technical Education, Vocational Training and the Productive Apparatus, which creates the Council for the Coordination of Technical Education and Vocational Training, whose main objective is to improve the quality of education and better adjust the supply of human resources to the demand of the labour market. The Committee refers to its comments on the application of the Human Resources Development Convention, 1975 (No. 142), and requests the Government to continue to provide information on the results of the measures taken to ensure the linkage between education, vocational training and employment policies, particularly on the mechanisms put in place to promote the employability of groups in vulnerable situations.

Youth employment. In its previous comments, the Committee noted that the National Confederation of Salvadoran Workers (CNTS) stated that the minimum standards of labour rights did not apply to young people participating in the entrepreneurship activities carried out by the National Youth Institute (INJUVE), and requested the Government to provide information in this respect. In this regard, the Government indicates that the way in which it guarantees the labour rights of young people is by providing them with training to legalize their entrepreneurial business plans and register their trademark in order to gain access to new markets. The Committee notes that with regard to the measures taken or envisaged to encourage the participation of persons with disabilities and LGBTI persons in the “Youth with Everything” Employment and Employability Programme, the Government refers to the selection process of participants, but does not indicate the measures taken or envisaged to encourage their participation in this programme. With regard to measures taken or planned with a view to promoting access to the labour market or self-employment for young people, the Government reports that, through INJUVE, in the framework of the employability programme, work internships have been carried out for young people and several placements have been made in public and private institutions. INJUVE has also entered into agreements with institutions to support young entrepreneurs. Moreover, the Committee notes that the Government reports that the reform of the Law on Incentives for the Creation of the First Employment of Young Persons in the Private Sector has not yet been adopted. It also reports that in 2020, it began developing the “Apprenticeship Contracts” project with the United Nations High Commissioner for Refugees (UNHCR), which aims to strengthen the business sector in certain departments of the country by placing skilled or semi-skilled personnel (young persons aged 18–29) in apprenticeships, thereby reducing the risk to which they are exposed and facilitating the acquisition of work experience. It notes that 324 six-month work placements were made in 2021. The Committee welcomes the creation, in 2020, of the Youth Employment Unit, which aims to boost the placement of young people and enable them to access decent employment. The Committee notes that according to statistical information available from the ILO Department of Statistics (ILOSTAT), in 2022, the employment rate for young people aged 15–24 was 43.6 per cent (30 per cent for women and 58.1 per cent for men), while the unemployment rate for this category was 7.7 per cent (11.2 per cent for women and 5.7 per cent for men). The participation force rate was 47.3 per cent (33.8 per cent women and 61.6 per cent men). While noting that the Government does not indicate the measures taken or envisaged to encourage the participation of the number of persons with disabilities and LGTBI persons in the “Youth with Everything” Employment and Employability Programme, the Committee requests the Government to take the necessary measures to this end. Noting the significant gap in employment and unemployment rates and participation strength between men and women, the Committee requests the Government to indicate the measures taken or envisaged to address these inequalities and to promote the employment of women aged 15 and 24 at all levels and in all sectors, and to continue to provide updated statistical information on youth employment trends, disaggregated by age and sex, in particular on employment, unemployment and underemployment. Furthermore, the Committee requests the Government to continue to provide detailed and updated information on the measures taken or envisaged to promote access to the labour market or self-employment for young persons, as well as on their impact. The Committee also requests the Government to continue to provide information on the status of the reform of the Law on Incentives for the Creation of the First Employment of Young Persons in the Private Sector, and to send a copy of it once it has been adopted.

Women’s employment. The Committee notes that the Government reports that among the measures adopted with a view to ensuring that women are incorporated into the labour market under conditions of equality and non-discrimination, the MTPS has updated the instructions for the preparation of internal labour regulations in order to ensure the incorporation of the principles of equality and non-discrimination in the work instructions of enterprises. The Government also reports that it is adopting inter-institutional measures and alliances for the empowerment and economic autonomy of women, among which the Salvadoran Institute for the Development of Women (ISDEMU), currently negotiating the signing of agreements with different institutions, with the aim of providing training and credit to women. The Committee notes the statistical information provided by the Government, according to which the labour force participation rate from 2009 to 2019 has remained stable at 52 per cent for women and 88.68 per cent for men. As regards the gender pay gap, the Government reports that between 2018 and 2019, the rate increased slightly from 8.20 per cent to 9.12 per cent, and that challenges persist in terms of wage equality between men and women. The Committee notes that this wage gap rate reached its lowest point in 2010 at 4.48 per cent and its highest point in 2013 at 14.31 per cent. The Government also reports on the employed population by branch of occupation according to sex in 2019, including: agriculture, livestock, forestry and fishing with 8.6 per cent women and 91.4 per cent men; transport and storage with 9.0 per cent women and 91.0 per cent men; accommodation and food service activities with 74.9 per cent women and 25.1 per cent men; information and communication with 29.2 per cent women and 70.8 per cent men. It also indicates that between 2014 and 2019, the proportion of employed women working as an employer or self-employed was higher by 10 per cent on average each year. The Committee notes that this share increased slightly from 37.70 per cent in 2014 to 40.9 per cent in 2019. While noting the gaps in labour force participation and remuneration between women and men, as well as their different participation by sector and occupation, the Committee requests the Government to take the necessary measures to promote women’s participation in the labour force and to combat vertical and horizontal occupational segregation. The Committee also requests the Government to provide updated statistical information, disaggregated by occupation, sector of activity and occupational category. The Committee also refers to its comments of 2023 concerningthe implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Employment of persons with disabilities. The Committee refers to its comments concerning the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), in which it notes the adoption in 2020 of the Special Act on the Inclusion of Persons with Disabilities (LEIPD), which provides for the granting of work incentives to promote the employment of persons with disabilities. The Committee notes the information provided by the Government concerning the measures implemented to promote employment opportunities for persons with disabilities, such as job orientation and intermediation measures, business meetings to raise awareness and place persons in jobs, advice to enterprises with a view to ensuring the adaptation of jobs, and the creation of an inter-institutional round table for the labour market integration of persons with disabilities. On the other hand, Furthermore, the Committee notes that the Government reports, based on the 2015 National Survey of Persons with Disabilities (ENPD), that out of a total population of 6 450,336 inhabitants, 410,798 are persons with disabilities (54.8 per cent of whom are women). The Government further indicates that the labour participation rate is highest for persons with visual disabilities (54.1 per cent), followed by persons with physical disabilities (51.4 per cent), while for persons with mental or psychosocial and intellectual disabilities it is 11.4 per cent, for those living with intellectual disabilities it is 24.7 per cent and for those with communication difficulties it is 22.6 per cent. The Committee refers to its comments concerning the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and requests the Government to continue to provide detailed and up-to-date information on the nature and impact of the measures taken with a view to promoting the employment of persons with disabilities, particularly women with disabilities, in the regular labour market. It also requests the Government to provide statistical information, disaggregated by age and sex.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the National Business Association (ANEP), received on 1 September 2017 and supported by the International Organisation of Employers (IOE). The Committee also notes the observations of the National Confederation of Salvadoran Workers (CNTS), received on 25 September 2017. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 3 of the Convention. Active policy intended to promote full employment. Consultations with the social partners. The Committee notes with interest the adoption in September 2017 of the National Policy for Decent Work 2017-2030 (PONED), the first public employment policy approved in the country, with the technical assistance of the ILO and the World Bank. The Government indicates that a broad process of consultation was conducted for the formulation of the policy between June 2016 and July 2017, in which various sectors of the population participated, including the social partners, young people, women, persons with disabilities, native populations and lesbian, gay, bisexual, transgender and intersex persons (LGBTI). The overarching aim of the PONED is to create the conditions to offer further opportunities of decent work for women and men on an equal footing, through the integration of inter-institutional public and private sector action. The policy establishes the following priority populations: young people, women, persons with disabilities, older adults, native populations and persons with diverse sexual orientations or gender identities. The policy actions are organized into five themes: employment, employability, entrepreneurship, transition from the informal to the formal economy and equality of opportunities. Regarding the measures envisaged to facilitate the transition to the formal economy of economic units and workers in the informal economy, the Committee observes that the PONED provides for, inter alia, the development of a national strategy for the transition from the informal to the formal economy. The Government reports that the national employment system will be the driver of institutional coordination for the execution, monitoring and evaluation of the PONED. To this end, the national employment system will provide the necessary conditions and information for its implementation through action such as promotion of research, analysis, data generation and the dissemination of information for decision making and the monitoring and analysis of the impact of the actions taken as part of the policy. The Government also indicates that the main goal of the Five-Year Development Plan 2014-2019 is to reinvigorate the national economy in order to generate opportunities and prosperity for families, businesses and the country, establishing an equitable and inclusive model of economic growth that creates decent work. Lastly, the Committee notes the observations of ANEP and the IOE indicating that the most representative employers’ organizations have not had the opportunity to actively participate in the formulation of the active employment policy, given that, while the deadline to submit comments on the policy proposal was 24 August 2017, the proposal was not sent to the ANEP until 18 August, affording it little time to issue its opinions in that respect. On this matter, the CTNS, for its part, states that workers in the informal economy and rural workers (particularly those belonging to the federation of self-employed workers) were not included in the consultation processes. The Committee requests the Government to provide detailed information on the application and the impact of the PONED and the Five-Year Development Plan 2014-2019 on the creation of full, productive and freely chosen employment. The Committee also requests the Government to provide information on the status of the national strategy for the transition from the informal economy to the formal economy, and to provide a copy of the strategy once it has been adopted. The Committee also requests the Government to continue providing detailed information on the manner in which it ensures that the social partners, as well as representatives of all the sectors of the economically active sectors affected – particularly representatives of rural workers and from the informal economy – can actively participate in the design, implementation, evaluation and review of national employment policies, as provided for in Article 3 of the Convention.

Article 2. Employment trends. Information on the labour market. The Government indicates that, according to statistical information from the Central Reserve Bank of El Salvador (BCR), between 2015 and 2016, the number of employed persons in the country increased from 2,667,032 to 2,727,017. In the same period, the unemployment rate remained at 7 per cent and underemployment increased slightly from 28.5 per cent to 28.7 per cent (30.9 among women and 26.7 among men). The Committee notes that, according to the PONED document, in 2016, some 57.4 per cent of persons employed in rural areas were in informal employment, and the informality rate for women (48.8 per cent) was higher than the informality rate for men (37.5 per cent). The Committee also notes that, according to this document, the employment section of the PONED provides for improvements to the quality and reliability of labour market information through the design and establishment of a national labour market information system, with a view to facilitating decision making with regard to policies for the creation of decent work and improved employability. The Committee requests the Government to provide updated statistical information on labour market developments in the country, particularly on the rates of labour force participation, employment, unemployment and underemployment, disaggregated by sex and age, and where possible, by urban or rural environment. The Committee also requests the Government to provide information on progress made on the design and establishment of a national labour market information system.

Impact of trade agreements. In its previous comments, the Committee requested the Government to provide information on the contribution of export oriented productive sectors to the creation of sustainable and quality employment. The Government indicates that it does not have information regarding employment directly created by export activities; nevertheless, it provides information on employment created indirectly by the sectors from which the largest number of exports are made in the country. In this regard, the Government reports that, in 2016, around 175,525 persons were working in the manufacturing sector (42 per cent of whom held formal employment), which accounts for 96 per cent of the country’s exports. The Committee requests the Government to continue providing information on the contribution of export-oriented productive sectors to the creation of sustainable and quality employment, including statistical information disaggregated by sex and age. The Commission also requests the Government to provide information on the measures adopted or envisaged with a view to facilitating the transition to formal employment in these sectors.

Education and vocational training. The Committee notes that one of the aims of the PONED is to improve the skills and qualifications of the Salvadoran workforce through formal education and technical and vocational training to meet the needs of the national production system. In this context, the PONED sets the objectives of: (i) designing and adopting a training model for jobs that meet the country’s production challenges; (ii) strengthening the coordination of the Technical Education and Vocational Training System (SETFP) with the needs of the productive sector, as well as with the country’s economic and education policy; and (iii) establishing mechanisms to promote the employability of disadvantaged groups. With a view to achieving these objectives, the PONED provides for the implementation of a series of priority actions, such as the establishment of a national framework for qualifications, the generation and dissemination of information on occupational trends, the current and future skills requirements of the labour market, and the implementation of technical training programmes. The Committee requests the Government to provide information on the outcomes of the measures taken to ensure coherence between education, vocational training and employment policies, and particularly on the mechanisms established to improve the employability of disadvantaged groups.

Young people. The Committee observes that, according to the PONED document, in 2016, the labour market participation rate of young people aged 16 to 24 years was 48.5 per cent. The open unemployment rate was 14.2 per cent, three times higher than the unemployment rate for persons aged between 25 and 29 years (5.1 per cent). According to the same document, in 2016, some 26 per cent of young people aged between 15 and 24 years were not in employment or education. The Committee notes that the Government refers to the implementation of the youth employment and employability programme “Jóvenes con todo” by the National Youth Institute (INJUVE), which aims to promote access to the labour market or self-employment among vulnerable young people aged from 15 to 29 years by developing their skills and competencies. The programme targets young people who are not in regular schooling, are unemployed or under-employed, or are coming to the end of secondary education. The Government indicates that the priority for entry into the programme is given to persons with disabilities, mothers of children under the age of six years and LGBTI persons. Similarly, as part of the programme, support measures for entrepreneurship were implemented for young people in informal employment, such as the granting of credit. In this regard, the CNTS indicates that the minimum standards of labour rights are not applied to young people participating in the INJUVE entrepreneurship measures. The Committee also notes the Government’s indication that, between 2016 and the first quarter of 2017, some 4,220 young persons participated in the programme, 58 per cent of whom were women. Of the participants, 1 per cent had a disability and 0.5 per cent belonged to the LGBTI community. Lastly, the Government indicates that a reform is planned of the Act establishing incentives for the creation of first jobs for young persons in the private sector. In light of the comments of the CNTS, the Committee requests the Government to provide detailed information on the manner in which it guarantees the labour rights of participants in the INJUVE entrepreneurship measures. Similarly, observing the low number of persons with disabilities and LGBTI persons in the youth employment and employability programme “Jóvenes con todo”, the Committee requests the Government to indicate the measures adopted or envisaged to encourage their participation in that programme. The Committee also requests the Government to continue providing detailed and updated information on the measures adopted or envisaged with a view to promoting the access of young people to the labour market or self employment, as well as their impact. The Committee further requests the Government to provide updated statistical information on youth employment trends, disaggregated by age and sex. The Committee also requests the Government to provide information on the status of the reform of the Act establishing incentives for the creation of first jobs for young persons in the private sector, and to send a copy once it has been adopted.

Women. The Committee observes that, according to the PONED document, the labour market participation rate of women remains around half that of men (47.3 per cent and 80.1 per cent, respectively) and 30.9 per cent of employed women are underemployed, compared with 26.7 per cent of employed men. The Committee also notes that, in its concluding observations of 3 March 2017, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the gender segregation of labour, the low participation of women in the labour force, the concentration of women in the informal sector and the salary gap between women and men (see CEDAW/C/SLV/CO/8-9, paragraph 34(a)). In this respect, the Committee notes that one of the specific goals of the PONED is to promote equality of opportunities between men and women and eliminate barriers hindering access to employment and discriminatory practices. The Committee requests the Government to provide information on the impact of the labour market measures adopted to increase women’s labour force participation rate and to combat vertical and horizontal occupational segregation, including updated statistical information, disaggregated by occupation, sector of activity and professional category.

Persons with disabilities. The Committee notes that the Government, in response to its previous comments, indicates that, through an agreement concluded between the National Council for Persons with Disabilities (CONAIPD) and the Solidarity Fund for Family Microenterprises (FOSOFAMILIA), lines of credit were granted to entrepreneurs with disabilities with a view to providing them with the necessary support for their business projects. Between 2015 and June 2017, financial support was provided to 25 persons with disabilities. Similarly, under the National Policy for Persons with Disabilities, the Job Placement Commission was established to coordinate joint action taken by the Ministry of Labour and Social Welfare (MTPS) and the CONAIPD. The Government also refers to the launch of the “Campaign for Disability Registers to Promote Labour Market Integration”. Lastly, the Government reports that, between June 2014 and October 2016, a total of 1,062 persons with disabilities (750 men and 312 women) were placed through the National Employment System. The Committee requests the Government to continue providing detailed and updated information on the measures adopted to promote job opportunities for persons with disabilities in the regular labour market. The Committee also requests the Government to provide information on the impact of such measures, including statistical information on the total number of participants, disaggregated by age, sex, region and type of disability.

Micro- and small enterprises. The Committee notes the information provided by the Government in response to its previous comments on the measures adopted to promote entrepreneurial development and to improve the competitiveness and sustainability of micro- and small enterprises. The Government refers to, inter alia, the increased numbers of Development Centres for Micro- and Small Enterprises (CDMYPE), of which there are now 33 across the country, and the establishment of the register of micro- and small enterprises, which facilitates access to business development opportunities and contributes to formalization procedures. In 2017, a survey of micro- and small enterprises was introduced with the aim of updating the data on micro- and small enterprises for the formulation of strategies better adapted to the situation of micro- and small enterprises in the country. The Government reports that, between June 2014 and May 2017, a total of 11,561 jobs were created in the economic units served by the National Commission for Micro and Small Enterprises (CONAMYPE). The Committee also notes the CNTS’ indication that the Special Act on own-account workers has still not been approved. The Committee requests the Government to continue providing detailed and updated information on the impact of the measures implemented to promote the business development, competitiveness and sustainability of micro-, small and medium-sized enterprises. The Committee also requests the Government to provide information on the status of the adoption of the Special Act on own-account workers and to provide a copy once it has been adopted.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 3 of the Convention. An active policy intended to promote full employment. Consultation with the social partners. In its reply to the 2012 observation, the Government indicates that it still does not have a national employment policy but that the Public Employment Service has developed a workplan. The Committee notes the Government’s intention to request the Higher Labour Council to address, in the future, areas relating to an employment policy. The Committee invites the Government to send detailed information on the progress made to adopt and implement an active employment policy. The Committee also invites the Government to continue to provide information on efforts to hold consultations with the social partners and on the manner in which the representatives from other sectors of the economically active population – in particular representatives of the rural workers and the informal economy – have participated in the formulation of employment policies and programmes.

Article 2. Employment trends. According to data contained in the report, in 2012, 165,439 people were unemployed at the national level, which represents an unemployment rate of 6.07 per cent. In 2013, the unemployment rate fell slightly to 5.9 per cent. Unemployment is highest among young persons and women. The Committee invites the Government to continue to provide information on the nature, extent and trends of unemployment and underemployment as a basis for the adoption of measures. It also invites the Government to specify whether the measures adopted to achieve the objectives of full, productive and freely chosen employment are regularly revised.

Impact of trade agreements. The Government indicates that, in 2013, 178,560 jobs were created for 1,664 exporting companies. The Committee notes that 15 per cent of those jobs were generated by small and medium-sized exporting companies. The Committee invites the Government to continue to provide information on the contribution of export-oriented productive sectors to the creation of sustainable and quality employment.

Young people, women and persons with disabilities. The Committee notes the information provided by the Government on mediation measures adopted to facilitate the integration of young people, women and persons with disabilities into the labour market. The Committee invites the Government to provide more specific information on the impact of the measures adopted to strengthen programmes to facilitate the integration of young people, women and persons with disabilities into the labour market. Please continue to provide information on the situation, level and trends of employment, unemployment and underemployment, with an indication of the extent to which women, young people, the poorest sectors of the rural population and workers in the informal economy are affected.

Micro-, small and medium-sized enterprises. The Government indicates that 22,034 jobs were created as a result of the programmes and projects carried out by the National Commission for Micro- and Small Enterprises (CONAMYPE). The Committee notes that the programme to provide school supplies, uniforms and shoes to primary school pupils in public schools, which depends on micro-, small and medium-sized enterprises, has generated 31,778 jobs. Furthermore, the Government indicates that, in March 2014, the Act to promote, protect and develop micro- and small enterprises was adopted. The Committee invites the Government to continue to provide information on the impact of measures adopted to promote entrepreneurial development and to improve the competitiveness and sustainability of micro-, small and medium-sized enterprises.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the full information received from the Government in September 2011 in relation to the 2010 direct request.

Active policy intended to promote full employment. The Government indicates in its report that the efforts of the public and private sectors to intervene and contribute to the generation of decent employment, including the micro enterprise sector, are articulated around the establishment of the National Employment Network (RENACEMPLEO) and employment grants. The Government includes information on the activities undertaken by the RENACEMPLEO and the employment fairs in 2009, 2010 and January–July 2011. The Government adds that it received technical assistance from the Government of the United States (USAID) to make an assessment of the form in which employment fairs are held and from the Japan International Cooperation Agency (JICA) to improve the labour mediation system. The Committee notes that a process of consultation was initiated for the formulation of a national employment policy. In June 2010, the Higher Labour Council decided to work on the development of a national employment policy based on the consensus points agreed to in a national employment pact. The Committee notes that, according to official projections, the working-age population will rise from 3,790,000 to 4,240,000 persons between 2010 and 2020, which will require the generation of approximately 455,000 new jobs by the end of the decade, that is an average of a little over 45,500 jobs annually during the period under consideration. According to the data published by ECLAC, 12,500 formal jobs were created in the first half of 2010. The Committee refers to paragraph 785 of its General Survey of 2010 concerning employment instruments, in which it indicated that there are three fundamental steps to achieving full, productive and freely chosen employment. The first is to make a political commitment to achieve full employment. The Committee recalls that Article 2 of the Convention sets out that member States shall implement a framework of a coordinated economic and social policy, which is to be clearly defined and declared. The Committee invites the Government to indicate whether a national employment plan has been established so as to implement an active policy intended to promote full, productive and freely chosen employment. The Committee hopes that updated information will be included in the next report on the activities carried out by the RENACEMPLEO with a view to identifying the size and distribution of the labour force, and the nature and extent of unemployment as an essential phase in implementing an active employment policy within the meaning of the Convention. The Committee requests the Government to include information on the efforts made to hold consultations with the social partners, as required by Article 3 of the Convention. In this respect, the Committee emphasizes the importance of taking into account the views and securing the support of the social partners in order to ensure that the programmes implemented generate quality employment. The Committee reiterates its request for information to be included on the consultations held with all the sectors affected, including representatives of the rural sector and the informal economy.

Impact of trade agreements. The Government indicates that the impact of trade agreements is seen through the development of programmes to generate employment in public works and the support that is provided to micro-enterprises and self-employment in rural areas of the country. The Committee invites the Government to include information in its next report on the impact on the labour market of the development of export-oriented productive sectors, both for manufactured products and for goods of the rural economy.

Vulnerable groups. The Government indicates that 51 per cent of the clients of the Public Employment Service are women. In addition, a government programme was established for women (Ciudad Mujer) intended to provide specialized services gathering together at the same location the state institutions offering specialized services for women. Self-employment fairs are held for older adult women. Using World Bank funding, temporary income support is provided in the 25 urban municipal areas identified as those most in need for women heads of household and young persons between 16 and 24 years of age without formal employment and belonging to poor households. The Committee also notes other initiatives to support employment and rural production. The Government recognizes that the promotion of youth employment is a challenge and is aiming to reduce the levels of youth unemployment and poverty by providing young persons with a process of support through vocational training and labour market integration initiatives. The Committee hopes that the next report will include more specific information on the measures adopted to strengthen programmes to facilitate the integration of youth and women into the labour market and on the results achieved through such measures. The Committee asks the Government to provide information on the situation, level and trends of employment, unemployment and underemployment, with an indication of the extent to which the most vulnerable sectors are affected (women, youth, the poorest sectors of the rural population and workers in the informal economy). The Committee would be grateful to continue examining information that enables it to assess the impact achieved by the measures adopted to facilitate the entry into the open labour market of persons with disabilities.

Micro-, small and medium-sized enterprises. The Committee notes the action taken between June 2009 and May 2010 in the context of the Support Strategy for Small and Micro-Enterprises 2010–14, including the data on the number of services provided and beneficiary entrepreneurs. The Committee invites the Government to continue to provide information on the impact of the measures adopted to promote entrepreneurial development and to improve the competitiveness and sustainability of micro-, small and medium-sized enterprises.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the detailed information supplied by the Government in a report received in November 2009 in reply to the observation of 2008.

1. Articles 1 and 2 of the Convention. Coordinated economic and social policy. The Government indicates that in June 2009 it was decided that the lynchpin of sectoral, macroeconomic and regional integration-oriented economic policies was to promote the creation of more and better jobs. Specific areas for promotion would be financial facilities in agriculture, foreign investment for the creation of decent employment and local economic development. Priority would also be given to the formalization in agricultural and industrial activities of workers in the informal economy. According to the data published by the ILO in the 2009 Labour Overview, the rate of open unemployment was 5.9 per cent in 2008 and 57.8 per cent of the population was occupied in the informal sector. According to statistics from the Salvadorian Social Security Institute (ISSS), 22,476 new jobs were created in the formal sector between August 2007 and 2008. Manufacturing, industry, trade, finance, personal services and the construction sector have been the largest contributors to job creation. The Committee requests the Government to provide information in its next report on the results achieved through the implementation of measures to generate productive employment with ILO assistance in the context of the Decent Work Country Programme 2007. The Committee hopes that the Government will also be able to supply information on the progress made in the formulation and adoption of a National Employment Plan.

2. Impact of trade agreements. In reply to previous comments, the Government indicates that the free trade agreements have contributed to the development of agriculture, increasing the value of exports of the main agricultural and agro-industrial products to the United States market. The Committee notes that a programme of landownership has been implemented, with the emphasis on economic empowerment and greater autonomy for rural women. Technological support has also been given to producers to help increase productivity, harvest yields and improve livestock genetics. The Committee requests the Government to continue to supply information on the impact of trade agreements in the creation of lasting employment both in industry and in agriculture.

3. Measures for alleviating the impact of the crisis. Participation of the social partners. The Government refers to the measures aimed at reducing the negative impact of the global economic crisis. The Committee notes that subsidies were granted, the liquidity of the financial system was increased, the agricultural sector was strengthened through the provision of hybrid seed, and assistance programmes were reinforced to reduce the negative impact of increased prices on the budgets of middle-income Salvadorian families. The Government announced a global plan against the crisis giving priority to the protection of existing jobs and the generation of new employment. Furthermore, public investment aimed at creating a substantial number of jobs will be stimulated to expand and improve public services and basic infrastructure and also the construction and improvement of social housing. With the acceleration of public investment, it seeks to create employment, promote local development and activate small and micro-enterprises at the local level through access to state procurement and contracting. In the General Survey of 2010 on employment instruments, the Committee underlined the importance of ongoing and genuine tripartite consultations for confronting and mitigating the effects of the global economic crisis (General Survey, op. cit., paragraph 788). The Committee requests the Government to supply information in its next report on the consultations held to formulate and implement an active employment policy enabling the negative impact of the global crisis to be overcome. The Committee also requests the Government to supply information on the consultations held with representatives of the persons affected by the measures to be taken from other sectors of the economically active population, such as those working in the rural sector and the informal economy.

4. Job placement measures. The Committee notes the information supplied with regard to the activity of the National Employment Opportunities Network. The Government has communicated the results achieved at the 34 employment fairs held in 2008, providing 34,442 jobs and placing 7,188 workers in employment. A total of nine employment fairs at the national level had been held up to June 2009. The Committee requests the Government to continue to supply information on the results achieved through job placement activities, including activities undertaken in the context of territorial development programmes for the creation of local employment. In addition, the Committee hopes to receive information on the progress made in strengthening and consolidating the public employment system.

5. Vulnerable groups. The Committee notes the measures taken to promote job creation for women, young persons, older workers, rural workers and those working in the informal economy. The Ministry of Labour has taken a variety of initiatives designed to place young people in work, including organizing three youth employment fairs attended by a total of 12,000 young people, with 6,000 jobs offered by enterprises. The Government proposes to promote programmes facilitating entry into the job market for young persons and to establish incentives for intensive investment in the use and recruitment of young persons and women workers. In its 2010 General Survey, the Committee stressed the importance of moving unemployed persons back into work as quickly as possible, since this not only benefits the individual but also bolsters social cohesion. The long-term unemployed and jobless young persons are particularly susceptible to becoming disconnected from the social mainstream. The resulting social exclusion is harmful not only to those directly affected but also to their communities, which can suffer an increase in anti-social and criminal behaviour and other ill effects of deprivation (General Survey, op. cit., paragraph 799). The Committee also urged governments to formulate policies for job creation and the provision of advice for skilled young workers who are unemployed. The Committee requests the Government to continue to supply information on the results achieved through the implementation of measures for increasing the participation of women in the employment market and ensuring the employability of young persons.

6. Persons with disabilities. The Committee notes the detailed information received in September 2010 with the report on Convention No. 159. In addition, the Committee notes the measures taken to achieve greater equality in access to employment for persons with disabilities, including the organization of self‑employment fairs and days to raise awareness of the Act concerning Equality of Opportunity for Persons with Disabilities and the Convention on the Rights of Persons with Disabilities. The Committee requests the Government to continue to supply information on the measures taken to facilitate access to the open employment market for persons with disabilities.

7. Small and medium-sized enterprises. The Committee notes that the National Commission for Small and Micro-Enterprises has drawn up a “Support strategy for small and micro-enterprises 2010–14”, whose strategic components include the development of the competitiveness of strategic sectors which strengthen small and micro-enterprises and contribute towards improving a favourable environment for small and micro-enterprises. The Committee recalls that, in the 2010 General Survey, emphasis was also placed on the key role played by small and medium-sized enterprises in poverty reduction through job creation, in accordance with the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189). The Committee requests the Government to include information in its next report on the impact of the policies being implemented to promote both enterprise development and the competitiveness and sustainability of micro-, small and medium-sized enterprises.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Coordination of employment policy and poverty reduction. In response to the observation of 2006, the Government presented a comprehensive report in August 2007. The Government indicates that the annual economic growth rate in 2006 was 4.2 per cent, the highest in the last ten years. In 2006 some 35,000 new jobs were created and 29 new enterprises were established, thereby increasing the number of contributors to the Salvadoran Institute of Social Security and slightly reducing the official unemployment rate (6.5 per cent in 2007 according to data published by ECLAC). From 2005 to 2006 some 600,000 to 625,000 new regular jobs were created in the agricultural sector. The Government emphasizes that the economic indicators are a positive sign that efforts to create lasting and decent employment are succeeding. With regard to the impact of the Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR), the Government projects major economic growth and employment gains in the entire region, including the creation of between 120,000 and 360,000 new jobs during the first six years of its entry into force. The Committee hopes that the next report will include an update on the impact of the trade agreements on the creation of lasting employment. In this respect, the Committee asks the Government to provide information on the manner in which the Government’s programmes and plans have included the promotion of employment to ensure that the creation of quality jobs is a central aspect of the macroeconomic and social policies.

The Committee notes the efforts being made in the framework of the National Network for Employment Opportunities in which placement services and labour-related information were being offered. With the support of the Spanish International Cooperation Agency, an action plan for the network had been formulated to facilitate the establishment of local employment management offices in the metropolitan area of San Salvador, La Paz and Ahuachapán. In 2006 the National Network for Employment Opportunities succeeded in finding jobs for a total of 16,102 persons. Furthermore, the Government included information on the results obtained by means of employment fairs (82,754 jobs had been offered and 40,984 jobseekers had found work opportunities). Measures to promote employment had been implemented in the Gulf of Fonseca region and other areas (Nonualcos, San Andrés Valley) through coordinated action among members of the employment network. The Committee asks the Government to continue to provide information on the measures taken and the results achieved to encourage lasting employment in the most vulnerable sectors (women, young workers, older workers, rural workers and workers in the informal economy). Please add a summary of the policy proposal to promote youth employment and the results obtained for the promotion of their employment and vocational training.

Article 3. Participation of the social partners in the formulation and application of policies. The Government indicated that assistance from the ILO in the framework of the National Programme for Decent Work would be extremely helpful for the strengthening and continuity of its initiatives. The Committee once again requests the Government to forward the documents approved on the National Programme for Decent Work in relation to employment policy. The Committee also invites the Government to provide more detailed information on the consultations held with representatives of the most vulnerable categories of the population, in particular representatives of rural workers and workers in the informal economy, when formulating programmes and seeking support to implement employment policy measures.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Coordination of employment policy and poverty reduction. The Committee notes the Government’s report, received in September 2005, which contains the information requested in its 2003 observation. The Government provides information on the activities undertaken by the labour market observatory for the formulation of vocational training programmes, on the operation of the employment placement system and on programmes for underprivileged groups (young persons and women heads of households, persons with disabilities). The Government indicates that the underemployment rate is 34.6 per cent, with the national unemployment rate being 6.8 per cent (in 2004). Around 8,000 jobs have been lost in the export processing sector as a consequence of Asian competition in the textile sector. The Committee requests the Government to indicate in its next report the results achieved in terms of the creation of lasting employment and the reduction of underemployment in the framework of the national employment policy. The Committee asks the Government to include in its next report detailed information on the measures adopted in the context of the national employment policy. Furthermore, the Committee would be grateful to be informed of the infrastructure development measures adopted and their impact on employment creation, as well as the manner in which the trade agreements negotiated have affected the labour market (Article 1 of the Convention).

2. Participation of the social partners in the formulation and implementation of policies. The Government refers to the establishment of a standing tripartite employment forum to contribute to placing the objective of the generation of high-quality jobs at the centre of economic policy. Studies have been undertaken in the Higher Labour Council with a view to the formulation of a national employment policy. Furthermore, a national policy has been formulated for the promotion of youth employment. The Committee requests the Government to supply the documents adopted on the national employment policy and for the promotion of youth employment. It would be grateful if the Government would include detailed information in its next report on the employment created as a result of the implementation of the above policies. The Committee also requests the Government to give consideration to the manner in which the consultations required by the Convention can include representatives of the most vulnerable categories of the population, and in particular representatives of rural workers and workers in the informal economy, in formulating programmes and seeking support for the implementation of employment policy measures (Article 3).

3. ILO technical cooperation. The Committee notes the “Tripartite Declaration for the promotion of employment and decent work in Central America and the Dominican Republic”, concluded by the Ministers of Labour and representatives of employers’ and workers’ organizations in Tegucigalpa in June 2005. In the Tripartite Declaration, among other significant policies, it was agreed to include the objective of the creation of worthwhile, lasting and high-quality jobs, in accordance with ILO parameters, as central to macroeconomic policy, with efforts focusing not only on controlling inflation and the fiscal deficit, but also and with equal priority on the promotion of investment and equitable growth. The Committee would be grateful if the Government would provide information in its next report on the initiatives taken with ILO support to promote, at both the national and subregional levels, the objectives of the creation of productive employment as set out in the Convention (Part V of the report form).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. Article 1 of the Convention. With reference to its 2001 observation, the Committee notes the full and detailed report from the Government received in December 2002. The Government indicates in its report that, with the support of the multidisciplinary advisory team of the ILO Area Office, it has been possible to implement programmes to take up the challenge of reconstruction following the earthquakes which hit El Salvador in January and February 2001. The Government refers in particular to the Rural Employment Reactivation Programme which, in addition to rehabilitating 941,409 jobs during the period January-June 2001, made it possible to reconstruct infrastructure damaged by the natural catastrophes. The Government also refers to its strategy for the creation of jobs through an increase in exports that will result from the new free trade agreements concluded with its principal trading partners. In the context of these policies, it is envisaged that total employment in the export sector will reach 405,000 jobs by 2005. The Committee hopes that in its next report the Government will include information on the actual results achieved in terms of the creation of productive employment through these measures. The Committee also asks the Government to provide information on the restructuring of the economy and on labour market programmes carried out with a view to matching labour supply and demand so as to ensure that the categories of workers affected by such structural transformations and changes in international trade can enter and remain in the labour market.

2. Article 2. The Government confirms, through the statistics compiled and supplied, that despite the macroeconomic discipline achieved, the underutilization of human resources continues to affect development prospects in El Salvador. The Committee notes with concern that underemployment, which affects around one-third of the active population, particularly occurs in rural areas, giving rise to poverty and encouraging rural-urban migration. The occurrence of underemployment in urban areas is reflected in the increase in urban informal activities and the rise in urban poverty. In this respect, the Committee would be grateful if the Government would provide information in its next report on the phenomenon of underemployment in El Salvador. The Committee also trusts that the Government will continue to give priority in its development plans to an active policy designed to promote full, productive and freely chosen employment.

3. Article 3. In November 2002, the Office forwarded to the Government the observations made by the Inter-Union Commission of El Salvador (CIES) claiming, among other matters, that the Government did not have an employment policy and that the abolition of the Ministry of Planning and Coordination of Social Development had made it difficult to obtain technical resources for the preparation of development and employment policies. It added that workers’ organizations were not taken into account or consulted in the formulation of an employment policy. The CIES also states that the private sector is not taking action to create jobs and that in view of the economic slowdown, its sole and immediate response has been the dismissal of workers so that firms can be competitive. The Committee also takes due note of the comments received from the Government in December 2002 in relation to the observations of the CIES. The Government refers once again to the measures taken in the framework of the Rural Employment Reactivation Programme and the expectations for the creation of employment in the export sector. The Ministry of Labour and Social Insurance is developing a national employment plan in coordination with various public and private institutions at the national level. It refers to labour market studies on the impact of the vocational training programmes implemented by the Salvadorian Vocational Training Institute (INSAFORP). The Government acknowledges that the continued valuable support provided by the ILO through various programmes and projects (strengthening social dialogue, the management of employment, strengthening labour inspection, eradication of child labour, modernization of the Ministry of Labour) has contributed to El Salvador being one of the seven countries in Latin America that have made progress in relation to decent work. The Committee recalls that Article 3 of the Convention provides that the measures to be taken in relation to employment policy should take fully into account the experience and views of the representatives of employers’ and workers’ organizations with a view to securing their full cooperation in formulating and implementing the employment policy. The Committee trusts that in its next report the Government will be able to provide further details on the efforts made to hold the consultations required by this important provision and will also indicate the manner in which the views of the representatives of persons affected by employment policy measures, including the opinions of representatives of those working in the rural sector and the informal economy, are taken into account so as to ensure that the objectives of the Convention are being achieved.

4. In a direct request on the application of the Human Resources Development Convention, 1975 (No. 142), the Committee refers to matters relating to the coordination of education and vocational training policies with prospective employment opportunities.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its 1998 direct request, the Committee notes the statistical data contained in the Government’s report, which shows a decrease in unemployment between 1995 and 2000. The unemployment rate was 6.6 per cent (in 2000), a percentage point lower than the average registered over the period 1994-99 (7.6 per cent). Nevertheless, the problem of rural unemployment appears to be greater than urban unemployment, thereby reflecting, according to ECLAC, internal disparities in terms of poverty, income and opportunities. The Committee hopes that the Government’s next report will include the updated information required by the report form on the situation, level and trends of employment, unemployment and, in particular, underemployment. In this respect, the Committee requests that the Government provide information on the manner in which unemployment and underemployment affect women, young persons and rural workers (and particularly on the employment impact of the alliance’s labour plan).

2. The Government refers in its report to the adoption of the Act respecting equality of opportunity for persons with disabilities (which will be examined in greater detail in relation to the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)), and the legislative initiative for the adoption of a new apprenticeship law. The Committee requests that the Government provide information in its next report on the impact of these initiatives in obtaining lasting employment for persons with disabilities and young persons wishing to enter the labour market.

3. The Government refers in its report to the adoption of a National Competitiveness Programme which, through specific projects, seeks to increase the competitivity of enterprises so that they can operate in a changing and globalized world. Furthermore, attempts are being made to promote foreign investment with a view to generating 5,000 jobs and to developing a national high technology services industry. In this respect, the Committee would be grateful if the Government would continue indicating in its reports the impact on employment of the structural reforms which have been undertaken and if it would report on the labour market measures and programmes implemented with a view to matching labour supply and demand in order to ensure that the categories of workers affected by structural adjustments remain in the labour market.

4. The Government states in its report that the Act respecting industrial free zones and commercialization entered into force and is intended to broaden and diversify production and export markets. The Committee requests that the Government provide information in its next report on the manner in which the above export processing activities and zones have contributed to the creation of productive and lasting employment.

5. Article 2. The Government states in its report that, in accordance with the principles underlying the new culture of work, more effective mechanisms and procedures will be established to monitor and evaluate labour market statistics. The Committee would be grateful if the Government would continue providing information in its reports on the manner in which the principal employment policy measures are decided upon and kept under periodical review within the framework of a coordinated economic and social policy.

6. Article 3. The Government refers in its report to the three advisory bodies of the Ministry of Labour (the Higher Labour Council, the National Minimum Wage Council and the Consultative Commission). The Higher Labour Council is entrusted with developing recommendations on the implementation and revision of social policy, including employment policy. In this respect, the Committee once again requests that the Government provide in its next report examples of the recommendations or proposals made by the Higher Labour Council concerning employment policy so that it can examine the manner in which the full cooperation of the sectors consulted is sought in formulating employment policy and enlisting the necessary support for its implementation.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s detailed report for the period ending 31 May 2000. The New Alliance Government Plan, 1999-2000, maintains among its objectives the creation by the Government and private initiative of the conditions to promote the creation of employment opportunities. The Government adds in its report that the labour legislation in El Salvador is extremely rigid, which can lead to a major loss of efficiency. The need to reduce the adjustment costs of the labour force to respond to unforeseeable changes in economic conditions has given rise to a demand for greater flexibility, both with regard to termination costs and new forms of recruitment. In this respect, the Committee notes that the Ministry of Labour and Social Insurance has requested the Office’s assistance (the Multidisciplinary Advisory Team for Central America) with a view to improving knowledge of employment problems in the country and making progress in the development of policies for the promotion of greater opportunities for decent work for women and men. The ILO’s assistance should improve knowledge of the extent of employment and income problems and their relationship with the socio-economic conditions of households and should make it possible to develop policies and programmes for the promotion of greater employment opportunities and better conditions for the employability of the labour force. The Committee therefore trusts that the Government will continue to give priority in its plans and programmes to the objectives of full employment, taking duly into account the application and promotion of the principles and rights set out in international labour standards as necessities in a competitive economy. In this respect, the Committee would be grateful if the Government would provide information in its next report on the action taken as a consequence of the assistance provided by the ILO in relation to the employment policy to promote decent work (Article 1 of the Convention).

2. Recalling that in January and February 2001, two very strong earthquakes resulted in serious losses, the Committee would be grateful if the Government would provide information in its next report on the employment policy measures which have been adopted to address the labour needs of the persons affected and the reconstruction of infrastructure and housing, including the assistance received in this respect from the ILO.

The Committee is raising other matters concerning the application of the Convention in a direct request.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's first report on the application of the Convention, received in April 1997, and the report received in May 1998. In its report, the Government refers to such documents as the Government's Plans 1994-99 and the Government's National Plans for the Development of Agriculture and Stock-raising, as well as the public investment stabilization and structural adjustment programmes, in which measures are envisaged to apply an active policy to promote full, productive and freely chosen employment. The Committee trusts that, in its next report, the Government will include a copy of the above documents (Part I of the report form). Similarly, the Committee requests the Government to specify whether it has encountered any particular difficulties in achieving the employment objectives defined in the above plans and programmes and to indicate the extent to which these difficulties have been overcome.

2. The Committee notes that, according to the household surveys carried out, the employment rate has increased from 90 per cent in 1990 to 92.4 per cent in 1995. Nevertheless, the Government's report contains no other information on the situation, level and trends of employment. According to the information published by ECLAC despite the dynamism of production (in 1997 the gross domestic product rose by approximately 4 per cent), it is estimated that in 1997 open unemployment will be in excess of 8 per cent compared with 7.7 per cent in 1996 and that an insufficient number of new jobs will be created, which ECLAC attributes to the very early stages of an increase in investment. In the light of these difficulties, the Committee hopes to be able to appreciate fully the manner in which the Government is endeavouring to implement an active employment policy within the meaning of the Convention. In this regard, the Committee wishes to emphasize that many aspects of the employment policy go beyond the immediate competence of the Labour Ministry so that the preparation of a full report on Convention No. 122 may require consultation with other ministries or other agencies concerned, such as those responsible for planning, economic affairs and statistics. In this regard, the Committee requests the Government to provide detailed information in its next report on the following points:

(a) please provide information as required by the report form on the situation, level and trends of employment, unemployment and underemployment and the manner in which they affect particular categories of workers such as women, young persons, older workers, migrant and indigenous workers who are experiencing difficulties in finding lasting employment (see under Article 1 of the Convention);

(b) please specify the extent to which the objectives of the economic policy referred to in the first report (increased production, employment and price stability) have enabled the demands for employment to be satisfied. The Committee would be grateful if the Government would continue to provide, in its reports, information on references to global and sectoral development policies, the development of the infrastructure and industrial development, including quantitative evaluations of the creation of productive employment by the measures adopted by the Government;

(c) please specify the manner in which the development credits policy for macro and small enterprises has enabled the creation of sustainable employment in the industrial sector;

(d) please indicate the manner in which the new agricultural entrepreneurship concept has promoted employment in the rural sector, taking account of the former macroeconomic policies, adverse international conditions and the violent armed conflict, referred to by the Government in its first report. In view of the high percentage of labour in the rural sector, the Committee wishes to draw the Government's attention in particular to Paragraph 27 of the Employment Policy Recommendation, 1964 (No. 122) - the text of which is included in the report form - which contains suggestions on the creation of employment opportunities in agriculture and stock-raising and the promotion of structural measures to create productive employment in the rural sector;

(e) please provide information on the manner in which productive employment opportunities are being created in the tertiary sector, and particularly in tourism;

(f) please indicate whether population policies and programmes, such as those suggested in Paragraph 14 of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), have been included in the measures taken under the employment policy;

(g) please indicate the manner in which the export processing zones and export activities have contributed to the creation of productive and sustainable employment.

3. Please describe the procedures adopted to ensure that the effects on employment of measures taken to promote economic development receive due consideration. Please also specify the manner in which the principal measures of employment policy are decided upon and kept under review, within the framework of a coordinated economic and social policy (Article 2).

4. The Committee wishes to emphasize the importance of consulting the representatives of the persons concerned as laid down in Article 3 of the Convention. The Committee takes account of the role played by the Higher Labour Council and would be grateful if the Government would provide information in its next report on the manner in which the Higher Labour Council ensures that the experiences and views of the representatives of the persons concerned (employers' and workers' organizations, representatives of other sectors of the economically active population, such as those working in the rural and informal sectors) are taken into account in matters of employment policy. Please also provide examples of the recommendations or suggestions made by the Higher Labour Council in matters of employment policy to enable the Committee to examine the manner in which full cooperation of the sectors consulted is secured in formulating employment policy and in obtaining the necessary support for its implementation.

In general terms, the Committee considers it appropriate when responding to the points raised to take into account the comments made relative to the application of other Conventions ratified by El Salvador, closely linked to Convention No. 122, such as the Employment Service Convention, 1948 (No. 88), the Human Resources Development Convention, 1975 (No. 142) and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). <