Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National policy. With reference to the implementation of the National Policy to Combat Trafficking in Persons, the Committee notes the Government’s list in its report of various training and awareness-raising activities in relation to trafficking in persons, implemented under the prevention component of the National Policy, and intended for the personnel of the national police, the Office of the Attorney-General and the Ministry of Labour and Social Welfare, migration officials, students in education establishments, and the personnel of the Ministry of Health and the Ministry of Justice and Public Security who are responsible for dealing with victims. In 2018, training was provided to over 6,000 people in the various institutions, and in 2020 over 1,000 public officials received remote training.

With reference to the difficulties experienced by the various public officials in combating trafficking, the Committee notes that the Government refers principally to the need to ensure coordinated action by all the institutions responsible, and to create conditions for victims to be able to participate in the criminal proceedings, be informed of their rights and be able to develop a new life plan.

The Committee requests the Government to continue providing updated information on the implementation and evaluation of all the components of the National Policy to Combat Trafficking in Persons, and on the preparation and implementation of a national plan of action, in accordance with section 22 of the Special Act to combat trafficking in persons of 2014. It also requests the Government to provide information on the activities of the National Council to Combat Trafficking in Persons with a view to ensuring coordination between all the institutions responsible for combating trafficking and strengthening their capacities.

2. Protection and assistance to victims. The Committee takes due note of the provisions of the Special Act on migration and foreign nationality, adopted in 2019, establishing that victims of trafficking may opt for temporary residence for their recuperation or collaboration with the law enforcement services (section 138) and that their repatriation shall be voluntary and with their informed consent, following an evaluation of the risk and the provision of the necessary assistance (section 142).

With reference to the action undertaken by Immediate Response Teams, the Government indicates that their involvement depends on the complexity of the case, the existence of a high risk to health and the risk incurred by the identified victim. Since 2018, Immediate Response Teams have taken action in six cases. The Committee notes the Government’s further indications that: (i) the El Salvador Institute for Women’s Development provided support and psychological assistance to 55 people between 2018 and 2020; (ii) a total of 21 local units have been established to provide assistance to victims of trafficking; and (iii) the budget of the Victims of Trafficking Care Fund has been established.

The Committee also notes that, according to the information provided by the Government, difficulties have been identified in relation to the protection and assistance of victims, including: (i) the inadequate coverage of protection for women victims of trafficking in shelters; (ii) the lack of specialized shelters for men, boys and members of the LGBTI population; (iii) the absence of identity documents for victims; and (iv) the unfounded fear of victims towards the authorities which leads them to dissimulate and refuse the protection measures offered, with them running away from protection shelters in some cases.

The Committee encourages the Government to continue its efforts to provide comprehensive protection and support for victims of trafficking in persons. In this regard, the Committee requests the Government to provide information on the measures adopted to strengthen the shelters for victims of trafficking in persons and to assist victims who do not have identity documents. Please also provide information on the operation of the Victims of Trafficking Care Fund, envisaged in section 51 of the Special Act to combat trafficking in persons of 2014.

3. Enforcement of penalties. The Committee takes due note of the detailed information provided on the criminal cases related to the crime of trafficking in persons initiated between 2017 and 2020 which have resulted in judicial decisions. According to the statistics of the Office of the Public Prosecutor, in 2019, 80 cases were initiated for this crime, of which three cases resulted in convictions and nine persons facing charges were convicted; in 2020, 40 cases were initiated, with four cases resulting in convictions and 12 persons facing charges were convicted; and between January and May 2021, 18 cases were initiated, with five cases resulting in convictions and 12 persons were convicted. The Government indicates that the National Council to Combat Trafficking in Persons reports that there are challenges in so far as those responsible for the prosecution of the crime require equipment, as well as strengthened capacities to carry out effective questioning and, more specifically, high technology police equipment and vehicles for investigation. The Committee requests the Government to continue providing updated information on the investigations carried out, the criminal prosecutions initiated and the convictions handed down under the Special Act to combat trafficking in persons. Please also provide information on the measures adopted to strengthen the capacities of those engaged in the investigation and prosecution of persons responsible for trafficking in persons for both labour and sexual exploitation (specialized units to combat trafficking in persons and related crimes of the Office of the Public Prosecutor and the National Civil Police).

Articles 1(1) and 2(1). Student social service. The Committee previously requested the Government to provide its comments in relation to the 2017 observations of the National Confederation of Salvadoran Workers (CNTS), in which it indicated that public and private educational establishments obliged students to carry out unpaid work for one or two years as a requirement to obtain their respective diplomas. In reply, the Government indicates that, in accordance with section 26 of the General Education Act, a Bachelor’s degree is granted to students who have completed and had the corresponding study plan approved, which includes the student social service. It also refers to Decision No. 15-0862 of May 2013, which contains the standards for the performance of student social service by middle and higher education students in the central offices and departments of the Ministry of Education. The Committee observes that, by virtue of introductory paragraph V of the above Decision, the objective of the student social service is to promote, among those with Bachelor’s degrees and professionals engaged in training, the development of values such as solidarity, service to others, mutual respect and team work, through the implementation of projects or activities with a social or educational purpose which contribute to the social development of the country. With a view to the performance of social service, education institutions have to submit a note to the Human Development Department of the Ministry with a request for students in the final years of their Bachelor degree studies or who are about to finalize their university studies to perform hours of social work in the units established by the Ministry of Education. The note must set out the hours during which the student performs vocational practice and the area of preference according to their studies (Part III, paragraph A, of the Decision). The Committee also notes that section 3 of the Regulations of the student social service for the middle level of 1994 provides that any person commencing their studies at the middle level shall automatically be included in the student social service, which may be performed during the three years of the Bachelor studies, and shall consist of the implementation of a project for the benefit of the community. Students are entitled to opt to carry out projects which correspond to their vocational interests, and they are not therefore imposed (section 5 of the Regulations).

The Committee recalls that a compulsory scheme of vocational training, by analogy with and considered as an extension of compulsory general education, does not constitute compulsory work or service within the meaning of the Convention. However, the various elements involved in the general context of a particular scheme of training have to be taken into account to determine whether such a scheme is unequivocally one of vocational training or on the contrary involves the exaction of work or services within the definition of forced labour (2012 General Survey on the fundamental Conventions, paragraph 269, and 2017 General Survey on the eradication of forced labour, paragraph 36).

On the basis of the above-mentioned legislative provisions, the Committee observes that the student social service was designed as a means of contributing to the training of students and the promotion of social values within the framework of the implementation of projects for the benefit of society, which take into account the type of studies undertaken. However, the Committee observes that the legislation does not specify the maximum number of hours that students have to perform in the student social service, nor the type of activities that they have to undertake in practice as part of that service. Lastly, the Committee notes that, according to information from the Ministry of Education, Science and Technology, in 2017, the Student Social Service Commission embarked upon the revision of the regulations of the student social service and prepared a draft text of new regulations. In accordance with section 13 of the draft regulations, the minimum duration of the student social service is 150 hours. The Committee requests the Government to specify the average and maximum number of hours that students have to perform as student social service to obtain their Bachelor’s degree, and indicate the frequency and provide examples of the type of activities assigned to them as part of such service. The Committee also requests the Government to indicate whether new regulations exist for the student social service and to provide a copy with its next report.

Article 1 of the Convention. National policy for the eradication of child labour, labour inspection and application in practice. The Committee previously noted the measures adopted by the Government within the context of the road map to make El Salvador free from child labour and its worst forms and requested it to continue its efforts to remove children from child labour, especially those engaged in hazardous types of work. The Committee notes the Government’s indication in its report that, although the period of implementation of the road map has finished (2015–17), efforts have continued for the progressive elimination of child labour at the national level. In this regard, the Ministry of the Interior and Territorial Development, together with the Ministry of Labour and Social Welfare, have carried out awareness-raising campaigns on child labour. The National Council for Children and Young Persons, through local committees for the rights of children and young persons, has undertaken various dissemination, training and technical support activities related to the prevention and eradication of child labour in the different departments of the country. The Committee notes the extensive statistical data provided by the Government, according to which the number of children engaged in child labour fell from 141,609 in 2014 to 93,283 in 2019, and the sectors with the greatest incidence of child labour are: agriculture (41.2 per cent), where hazardous tools are used by children; and commerce, hotels and restaurants (32.2 per cent). It notes that the indicators of child labour below the minimum age and hazardous types of child labour fell between 2014 and 2019 from 2.9 to 2.0 per cent of children between the ages of 5 and 17 years for work below the minimum age and from 1.5 to 1.0 per cent for hazardous types of work, respectively; and that the total number of presumed victims of child labour in 2019, according to the reported crime information system, was 29 (including four children between 0 and 8 years of age, four children between 9 and 11 years of age and ten children between 12 and 14 years of age).

With reference to the labour inspections carried out on child labour, the Government indicates that the Standing Plan for Child Labour Inspections is continuing to be followed by the General Directorate of Labour Inspection at the national level. The Committee notes that the number of scheduled child labour inspections has decreased progressively from 1,155 inspections carried out in 2018, to 951 in 2019 and 557 in 2020. In this regard, the Government indicates that the decrease in the number of inspections in previous years was largely due to the COVID-19 pandemic, which reduced inspection-related activities. The Committee notes that the number of inspections in which children were identified as being engaged in child labour was six in 2018, two in 2019 and two in the period between January and May 2021.

While welcoming the information provided by the Government, according to which the rate of child labour fell between 2014 and 2019, the Committee requests the Government to continue providing information on the measures adopted to prevent child labour and ensure its progressive elimination, particularly for children and young persons engaged in hazardous activities, with an indication of the results achieved. Taking into account the Government’s indication that most child labour is concentrated in the agricultural sector, including hazardous types of work, and that on the other hand the number of labour inspections has decreased, the Committee encourages the Government to renew its efforts to strengthen the capacities of the labour inspection services so that they can monitor child labour in all sectors, including the informal economy. The Committee requests the Government to continue providing information on this subject, with an indication of the number and nature of the violations detected and the penalties imposed.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the low rate of school attendance by children and young persons in rural areas and requested the Government to continue taking the necessary measures to raise the school attendance rate of children below the minimum age for admission to employment, which is 14 years, particularly in rural areas. The Committee notes that, according to the statistics provided by the Government, in general, the school drop-out rate has fallen from 6.6 per cent in 2014 to 4.2 per cent in 2019. However, it observes that the school attendance rate for children up to the age of 14 years fell from 96.6 per cent in 2014 to 77.9 per cent in 2019. The Committee notes that the Government has continued implementing the accelerated education programme for the first and second cycles of basic education, as a means of enabling vulnerable persons, including children and young workers, to study at flexible times and in accordance with their needs. Between 2017 and May 2021 a total of 9,997 students have been covered by this programme. The Committee requests the Government to continue taking measures to increase school attendance and retention rates for children under 14 years of age (the minimum age declared by El Salvador for admission to employment) and to provide updated information on this subject, if possible disaggregated by department and age.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking. In response to the request for information on the measures adopted to remove and rehabilitate child victims of trafficking, the Committee notes the Government’s indication that the Unit of the Office of the Public Prosecutor that is specialized in the crimes of the unlawful smuggling and trafficking of persons coordinates with the respective Departmental Board for the Protection of Children and Young Persons in any criminal investigations involving children and young persons as victims with a view to providing them with the necessary protection. Victims of trafficking also receive specialized psychological assistance and support with a view to their inclusion in training programmes and productive activities. The Committee also notes that the Regulations issued under the Special Act to combat trafficking in persons (Decree No. 61 of 25 October 2016) provides in section 54 for the creation of hostels and specialized care centres for children and young persons who are victims of trafficking. The Committee requests the Government to continue supplying information on the measures adopted to provide the necessary and appropriate direct assistance to free children and young persons who are victims of trafficking, with an indication of the numbers who have been rehabilitated and socially integrated. In this regard, it also requests the Government to indicate the number of hostels and specialized care centres for children and young persons who have been victims of trafficking that have been established and the numbers of persons protected.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the situation of boys and girls who work in the domestic sector under difficult and degrading conditions and requested the Government to take measures in this regard. The Committee notes that, according to data of the General Directorate of Statistics and Census provided by the Government, the percentage of children between the ages of 5 and 17 years engaged in child labour who were working in domestic service was 14.1 per cent in 2019, most of whom were girls or young women. It notes the Government’s indication that the number of boys and girls under 14 years of age engaged in household work who have been provided with assistance by Community Family Health Units was 9,676 in 2018, 8,980 in 2019 and 8,213 in 2020. The Committee requests the Government to provide more specific information on the measures adopted to remove and rehabilitate children engaged in domestic work under hazardous conditions.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee welcomed the adoption of the Special Act to combat trafficking in persons, which criminalizes and penalizes the crime of trafficking in boys, girls and young persons for sexual or labour exploitation and establishes measures for prevention and the protection of victims. In response to the request for information on the effect given in practice to the Act, the Committee notes the indication by the Government in its report that: in 2019 a case of trafficking in persons for labour exploitation was prosecuted involving five victims under 18 years of age of Guatemalan nationality, and that four of those charged were convicted. The National Civil Police recorded eight cases of the trafficking of minors in 2018 (three for labour exploitation and five for sexual exploitation) and 19 cases in 2019 (three for labour exploitation and 16 for sexual exploitation); 15 cases were referred to the National Council for Children and Young Persons (in charge of providing assistance to child victims of trafficking) involving boys, girls and young persons who were presumed victims of trafficking; and the Ministry of Education, Science and Technology identified 73 students affected by the crime of trafficking. The Committee also notes the detailed information on action to prevent trafficking in children and young persons, including: (i) training days on trafficking for police responsible for prevention and immigration officials; (ii) awareness-raising talks for students in public and private educational institutions; and (iii) coverage of the crime of trafficking in persons in the education curriculum at all levels, with a view to promoting a culture of denouncing the crime. Health workers have also been trained in the early detection of victims of trafficking, as a result of which 28 presumed cases of trafficking were detected in 2019 involving children and young persons between the ages of 10 and 17 years, which were referred to the Office of the Public Prosecutor for the respective investigations. The Committee notes that, in its concluding observations in 2018, the United Nations Committee on the Rights of the Child expressed concern at the occurrence of child trafficking in schools (CRC/C/SLV/CO/5-6, paragraph 42). Noting the measures adopted by the Government, the Committee encourages it to continue taking measures to prevent, investigate and punish trafficking of children and young persons for labour and sexual exploitation. It also requests the Government to continue providing updated statistical information on the number of investigations, prosecutions and convictions in cases of trafficking of children and young persons under the Special Act to combat trafficking in persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various measures adopted by the Government to facilitate the access to education of boys and girls in a situation of poverty and requested the Government to provide information on their results. In this regard, the Committee notes the Government’s indication that programmes for the provision of school uniforms and materials to children in public educational institutions are continuing and that measures have been taken to improve the infrastructure in educational establishments with a view to creating safe and pedagogically appropriate spaces to bring together students and communities. A total of 727 school infrastructure and furniture projects were carried out in 2018, 1,334 in 2019, 667 in 2020 and 93 between January and April 2021. Moreover, between 2018 and 2020, a total of 1,048,953 children and young persons in initial or middle education benefited from the provision of school meals. The Committee also notes the adoption of various measures to eradicate poverty, including transport vouchers for young persons in the third cycle of the general or technical baccalaureate in any of the forms provided by the Ministry of Education, as well as additional vouchers for young mothers who are still in the education system.

The Committee also notes, according to the 2017 report of the Ministry of Education Observatory of Subsidized Public and Private Educational Establishments in El Salvador, that 44.61 per cent of educational establishments in 2017 were in communities where gangs are present; 38.11 per cent were located in areas where theft and/or burglaries are reported; 34.62 per cent are in areas where drugs are circulating; 27.62 per cent in areas where the carrying of knives and firearms have been identified; and 18.76 per cent in areas where extortion is practiced. It also notes that in its 2018 concluding observations, the Committee on the Rights of the Child emphasizes the overwhelming impact of violence on children’s access to education, with the majority of schools situated in communities where there is a high crime rate and a high number of killings of teachers and students (CRC/C/SLV/CO/5-6, paragraph 42). The United Nations Special Rapporteur on the human rights of internally displaced persons, in her 2018 report on her visit to El Salvador, also indicates that schools in some localities are no longer considered safe spaces for children, teachers are threatened, gangs operate within and around some school facilities where they recruit children, expose them to gang-related criminal activities, and identify girls as sexual targets for gang members (A/HRC/38/39/Add.1, paragraph 22).

While recognizing that the Government has adopted certain measures to facilitate the access of children and young persons to free basic education, the Committee notes with concern the existence of a climate of violence in certain areas of the country, which could have a negative impact on the access of children and young persons to education. Recognizing the difficult security situation in the country, and considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to renew its efforts to improve the education system and to continue facilitating access to free basic education for children living in all the regions of the country. The Committee also requests the Government to provide information on the progress achieved in this respect, and on the results of the various educational support programmes for poor children.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the National Business Association (ANEP), endorsed by the International Organisation of Employers (IOE), received on 13 October 2020 and 25 October 2021, providing information on issues addressed in this comment. The Committee observes with deep concern that the observations of the ANEP from October 2020 state, as an element contrary to compliance with the Convention, that since the current President of the ANEP took office in April 2020, the Government has refused to deliver his credentials, and the highest government authorities, including the President of the Republic and the Minister of Labour and Social Welfare – who chairs the Higher Labour Council (Consejo Superior de Trabajo) (CST) – refuse to recognize the unanimous election of Mr Javier Ernesto Simán Dada as President of the ANEP and representative of the employers, as well as denigrating him and launching slanderous attacks against him personally, against his family and his enterprises, and also against the ANEP.

The Committee also takes note of the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, and of the Single Confederation of Salvadoran Workers (CUTS), endorsed by the National Trade Union Federation of Salvadoran Workers (FENASTRAS) and the Single Federation of Rural Workers of El Salvador (FUOCA) received on 14 October 2021, both of which concern issues addressed in this comment.

Follow-up to the conclusions of the Committee on the Application of Standards (109th Session of the International Labour Conference, June 2021)

The Committee notes the discussion in the Conference Committee on the Application of Standards, in June 2021, on the application of the Convention. The Committee observes that the Conference Committee urged the Government to: (i) refrain from interfering in the constitution and activities of independent workers’ and employers’ organizations, in particular the National Business Association (ANEP); and (ii) reactivate, without delay, the Higher Labour Council (CST) and other tripartite entities, respecting the autonomy of the social partners and through social dialogue in order to guarantee their full functioning without any interference. The Conference Committee decided to include the case in a special paragraph of its report and requested the Government to continue to avail itself of ILO technical assistance, to submit a detailed report on the application of the Convention in law and in practice to this Committee, in consultation with the social partners, and to accept a high-level tripartite mission to be carried out before the 110th International Labour Conference. The Committee notes that, through a communication received on 3 December 2021, the Government has informed the Office that it agrees to receive the high-level tripartite mission.

Articles 2 and 3(1) of the Convention. Adequate procedures. Reactivation of the Higher Labour Council. In its previous comments, the Committee requested the Government to continue providing detailed and updated information on the measures adopted to ensure the effective operation of the CST, and on the content and outcome of the tripartite consultations held within the framework of that tripartite body. The Committee observes that the Government:

(i) indicates that during the COVID-19 pandemic crisis, it engaged in dialogue with the employers and workers, including holding meetings between the leadership of the ANEP and the President of the Republic, and emphasizes that the drafting of 39 health and safety protocols for different types of enterprises or workplaces, developed following a broad discussion and consultation process with the participation of trade unions from each sector, bears witness to this social dialogue with the enterprise sector. The Government also underlines that for the first time in the country’s history, employers’ associations collaborated in establishing the “Institutional Strategic Plan 2020-2024” of the Ministry of Labour and Social Welfare, which includes social dialogue among its main objectives; and refers to the approval of the Act on protecting Salvadoran employment and the Act on teleworking;
(ii) adds that the Minister of Labour sought to maintain tripartite communication to ensure due compliance with the labour standard, to maintain respect for workers’ labour rights, and to support the enterprise sector to counter the negative effect the COVID-19 pandemic on enterprise, highlighting meetings regarding the health sector in particular. The Government also reports that, on 29 April 2021, the Ministry of Labour and Social Welfare inaugurated the first Trade Union Training Institute (IFS), to strengthen social dialogue and benefit more than 150,000 workers grouped in various unions; and
(iii) reiterates that the CST was activated on 16 September 2019 – and indicates that in November 2019, the National Minimum Wage Council was also established, with the social partners freely electing their representatives. With regard to the activity of the CST, the Government recalls that the CST, at its meeting held in November 2019, approved ILO participation in the elaboration of a National Strategy for the Generation of Decent Employment. The Government specifies, however, that both the Higher Labour Council and the National Minimum Wage Council have been unable to meet in the normal manner due to the health crisis, and the measures adopted to suspend activities in order to contain it. To address the situation, the Ministry of Labour held meetings with representatives of the workers’ organizations, establishing an Intersectoral Trade Union Roundtable on 22 April 2020, with a view to providing a space for legitimate, permanent dialogue that would be recognized by workers in the health sector.

With regard to the observations by the social partners, the Committee notes that the ANEP: (i) while recognizing that the CST was reactivated in 2019, specifies that it was not possible to induct all the employer representatives without an amendment to the rules to that end, since the rules listed explicitly the employers’ organizations entitled to appoint representatives, and three of the eight organizations listed were inactive; (ii) reports that, after its inaugural meeting, the CST only met on three occasions, the last of which was in March 2020 (to address issues related to childcare facilities), and that no meetings were held during the four months prior to the pandemic emergency; (iii) reports that no meeting of the Officers or of a plenary meeting of the CST has been called since then; (iv) claims that the Government only reactivated the CST for a few months as a publicized tactical move to give the impression of compliance with the conclusions of this Committee and of the Conference Committee; and adds that the CST has not been convened due to the fact that the President of the Republic does not recognize the President of the ANEP, and to the President of the Republic’s order, made clear on television and backed up by the Minister of Labour, to prohibit public servants from meeting with the ANEP; (v) emphasizes that the Government’s justification for not holding CST meetings as a consequence of the pandemic is not credible (the Government’s agenda includes many meetings held during the period that it decided not to convene the CST); since July 2020 the activity in the country has gradually returned to near normality with the corresponding preventive measures in place; the size of the CST is such that a plenary sitting could be accommodated in a large, well-ventilated space – not to mention its three Officers alone; and in any case, the CST would have been able to meet in a virtual session through online platforms; and (vi) rejects the claims that consultations were held with the participation of employers’ representatives and affirms that in practice the Government had chosen its interlocutors at its own discretion and that when other employers’ representatives are invited, the aim is purely for publicity and there is no true tripartite or bipartite dialogue.

The Committee also notes the observations of the ITUC, emphasizing that by freezing the CST, the Government is failing to comply with the obligation to consult provided under the Convention; and denouncing the Government for its unilateral appointment of workers’ representatives for the tripartite consultations.

The Committee also takes note of the observation of the CUTS, indicating that: (i) since its last session on 2 March 2020, neither the plenary nor the Officers of the CST have been convened; (ii) the term of office of the CST expired on 16 September 2021, and there is no indication of what the mechanism for electing representatives might be, given that no clear rules have been established, in consultation with the social partners, for designating the worker representatives on the CST, as the Committee has been requesting; (iii) tripartite consultation is thus absent in the country; and (iv) trade union organizations that are not among the group of unions close to the Government are not invited to meetings convened by the Ministry of Labour and Social Welfare, such as the consultations for the Ministry’s Institutional Strategic Plan 2020-2024 or the general health safety protocol for the pandemic.

The Committee notes that the Government claims to have been able to hold a wide variety of meetings and gatherings for social dialogue during the pandemic, including in virtual format, and to take concrete measures. It nevertheless notes with concern the allegations made by the social partners that the Government, in a contrary and deliberate manner, has not taken a single measure to enable the CST to continue meeting, regardless of the repeated requests from the ILO’s supervisory machinery – most recently from the Committee on the Application of Standards in June 2021. The social partners allege that this has enabled the Government to dialogue only with like-minded interlocutors, thus failing to comply with the requirements for tripartite consultation under the Convention. In this regard, the Committee regrets to observe that despite having requested up-to-date, detailed information on the measures adopted to ensure the effective operation of the CST, the Government simply attributes its inactivity to the pandemic without providing a fuller explanation, when the CST was supposed to play a key role in tripartite consultations on measures to address the pandemic, and the Government itself claims that despite the challenges posed by the pandemic it successfully managed the operation of many other dialogue mechanisms, even creating new, differently constituted fora, instead of promoting tripartite consultation within the CST.

The Committee further notes that, in its communication received on 3 December 2021, the Government indicates that a new CST is in the process of being set up for the period 2021–23. The Government affirms in this respect that the preliminary steps required by the regulations have been taken in order for the worker and employer sectors to designate their representatives and that, these designations having been completed, the first session of the new CST is scheduled to take place on 8 December 2021.

The Committee urges the Government to take all the necessary measures to ensure the effective operation of the CST, respecting the autonomy of the social partners, including with regard to the appointment of their representatives – urging it in particular to ensure full recognition of the President of the ANEP and of this most representative employers’ organization in social dialogue and tripartite consultation, as well as during any revision of the Statute of the CST. The Committee refers to its previous recommendations in this regard, and requests the Government to provide information on any developments, as well as on the content and outcome of the tripartite consultations held within this tripartite body. The Committee also urges the Government to take the necessary measures to ensure the full autonomy of the ANEP, the recognition of the results of its April 2020 elections and, in particular, of its President, Mr Simán Dada, and of this employers’ organization as a social partner, to allow the full participation of the ANEP in social dialogue through its chosen representatives.

Interference in the election of representatives for tripartite consultation and in delivery of credentials. With regard to the allegations formulated by the ANEP in respect of government interference in the election of representatives at the Superintendency for the Electricity and Telecommunications Sectors (SIGET), the Committee requested the Government to provide a copy of the ruling of the Supreme Court of Justice (CSJ) definitively setting aside the election of the 2017 employer representatives on the SIGET that is challenged by the ANEP, and further requested the Government to provide information on the forms of elections of the representatives of employers and the date on which the elections were held.

The Committee notes that the Government, while reiterating its respect for the free election of representatives of tripartite and joint bodies: (i) recalls that in its judgment of 17 January 2018, the CSJ ordered precautionary measures with immediate provisional effect that suspended the appointments challenged by the ANEP; (ii) specifies that although a definitive ruling was requested, the CSJ stated that the ruling was still pending, with the result that the private sector representatives remained the same persons appointed by the ANEP, and (iii) indicates that, given that procedures for the election of private sector representatives on the SIGET board of directors have not been initiated since the issuance of precautionary measures in January 2018, and because of the pending CSJ decision, for the moment, no election mechanism has been implemented.

The Committee notes that the ANEP, in its observations: (i) states that it is awaiting the results of its appeal regarding the election of the employers’ representatives on the SIGET, recalling that in this case the Government had constituted 60 supposed employers’ organizations that had participated and won the election illegally; (ii) indicates that the ANEP proposed a reform to the Labour Code which would allow employers’ organizations to follow clear, objective, predictable and binding rules for appointing the social partners; (iii) alleges however that the current Government is continuing the same delaying tactics, withholding delivery of credentials to employers organizations with the intent of hindering their participation in the appointment of the directors of various autonomous tripartite or joint public entities; (iv) states in this regard that in September 2020 the Government refused the ANEP’s participation in the election of the Board of Governors and Executive Board of the Development Bank of El Salvador – BANDESAL (the refusal was on the grounds of the absence of the ANEP’s credentials, which were withheld by the Government itself); and refers to other examples where the appointment of employer representatives was obstructed, in the Salvadoran Social Security Institute, the Maritime Port Authority, and the Independent Executive Committee for Ports; and (v) denounces the submission to the Legislative Assembly by the President of the Republic on 29 May 2021 of reforms, which were then approved by Legislative Assembly, to the manner in which directors are appointed by employers’ organizations in 23 autonomous public entities. These reforms grant the President power to appoint the directors who represent the employers’ organizations, as well as to arbitrarily remove them from their posts.

The Committee also takes note of the observations of the ITUC, denouncing the Government for imposing a legal obligation on trade unions to request renewal of their legal status every 12 months, thereby deciding unilaterally to withdraw the unions’ credentials, preventing them from carrying out their trade union activities, and denying them the conditions for carrying out tripartite consultations.

The Committee also notes that the CUTS alleges that: (i) the Government has been excluding organizations that are not close to it from participating in the elections of tripartite bodies; (ii) as well as the problems regarding worker representation on the CST, the majority of federations and confederations were not convened for the election of representatives in the Salvadoran Vocational Training Institute (INSAFORP), an election that was held without respect for the applicable rules and which resulted in the appointment of persons close to the Government; and (iii) the fact that the Ministry of Labour and Social Welfare delayed delivery of credentials for up to nine months, while other organizations were issued credentials promptly to allow them to participate in the INSAFORP elections, is germane to this issue.

In light of the above and observing with deep concern that multiple allegations of interference by the authorities in the appointment of employers’ and workers’ representatives in public tripartite and joint bodies have been made for a long time, and that recent developments indicate a worsening of the situation, the Committee urges the Government, in consultation with the social partners, to take the necessary measures to ensure respect for the autonomy of the employers’ and workers’ organizations in this regard, both in law and in practice, including measures to ensure the prompt delivery of credentials for all organizations, as well as the repeal of any legal provisions in respect of the abovementioned 23 autonomous entities that allow the Government the possibility of interfering in the appointment of employers’ representatives.

Article 5(1). Effective tripartite consultations. In its previous observation, the Committee reiterated its request to the Government to provide updated information on the outcome of the tripartite consultations held concerning the Protocol on the submission procedure that the Government indicated was drawn up with ILO assistance, and to provide a copy of the Protocol when it has been adopted. It also reiterated its request to the Government to send detailed and updated information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention. In this regard, the Committee notes that the Government: (i) indicates that an analysis has been conducted, and there is no previous example of a submission process in the country, as no official procedure for undertaking one existed; (ii) asserts that first steps have been taken in defining the procedure for the submission of Conventions, and an inter-institutional round table between the Ministry of Labour and the Ministry of Foreign Relations has been established for that purpose; and (iii) requests ILO assistance to take account of best practices at international level to establish and strengthen the submission process. The Committee further notes in this regard that the ANEP and the CUTS both assert that the tripartite consultations that the Committee requested the Government to undertake in respect of the Protocol on the submission procedure did not take place, and that they concur with the ITUC in denouncing the absence of tripartite consultations in matters related to international labour standards.

The Committee notes with concern that the Government, in reply to the Committee’s previous observation, has not provided the information requested on the content and outcome of the tripartite consultations held on all matters related to international labour standards covered by the Convention, nor on the Protocol on the submission procedure, which the Committee was told had been elaborated; and principally affirms that there is no precedent in the country, nor any procedure in place for submitting international labour standards to the competent authorities exists.

While referring to the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, adopted by the Governing Body of the ILO, the Committee strongly hopes that, in conformity with the Constitution of the International Labour Organization, the submission of international labour standards to the Legislative Assembly can resume as soon as possible, and urges the Government, in consultation with the social partners, to take the necessary measures, in particular with regard to the CST, to comply with the obligation of tripartite consultation provided in the Convention. Once again, the Committee requests the Government to provide detailed and updated information on the content and outcome of tripartite consultations held on all issues related to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including the submission of international labour standards and the preparation of its next report in consultation with the social partners.

Technical assistance. In its previous comments, the Committee requested the Government to continue providing detailed and updated information on the measures adopted or envisaged to promote tripartism and social dialogue in the country within the context of ILO technical assistance, and on their outcome. The Committee duly notes that the Government is grateful for the support and follow-up provided through ILO assistance and cites various areas of cooperation in this regard, including social protection, occupational safety and health or the labour market information system. With regard to social dialogue, the Government reiterates that it had support from the ILO to reactivate the CST in 2019 and that the ILO also provided accompaniment in regional coordination spaces.

In the hope that it will shortly see progress in tripartite consultation, and compliance with the Convention in the country, the Committee recalls that ILO technical assistance remains at the disposal of the tripartite constituents, while emphasizing the importance that such assistance be defined through social dialogue, for example within the framework of the CST.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes the observations of the National Business Association (ANEP), supported by the International Organisation of Employers (IOE), received on 13 October 2020 (which also refer to the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and which the Committee is addressing here with regard to the present Convention), which report that the President of the Republic and other higher Governmental bodies have failed to recognize, slandered and intimidated the new President of ANEP, who was elected on 29 April 2020, preventing dialogue between public servants and ANEP or its President, thereby publicly denigrating the most representative employers’ organization and fuelling rejection of its President by the public, in violation of the Convention and the most fundamental civil liberties. The Committee expresses its concern at these serious allegations and requests the Government to provide its comments on the matter.

The Committee also notes that the Committee on Freedom of Association referred the legislative aspects of Case No. 3321 to this Committee, trusting that the Government would take the measures necessary to ensure full respect of the right to organize of prison staff (see 392nd Report, October 2020). Recalling its request that the necessary measures be taken in order to recognize the right to organize of State employees, with the sole possible exception of the armed forces and the police (see the legislative reforms pending below), the Committee requests the Government to keep it informed of any developments in this respect.

As regards the other pending issues, the Committee reiterates the content of its comments adopted in 2019, reproduced as follows.

The Committee notes the Government’s replies to the previous observations of ANEP and the IOE, as well as of the National Confederation of Salvadoran Workers (CNTS).

Trade union rights and civil liberties. Murder of a trade unionist. With regard to the murder of Mr Victoriano Abel Vega in 2010, the Committee notes that the Government emphasizes the need to accelerate the investigation and punish the perpetrators, and it details the steps it is taking periodically to request updated reports from the Attorney-General of the Republic, with the most solid line of investigation being that the murder was committed mistakenly by a group of gang members. The Committee notes that the details provided by the Government on the investigation process have already been examined by the Committee on Freedom of Association and that recent updates show that the case is still under investigation. The Committee therefore refers once again to the recommendations of the Committee on Freedom of Association in Case No. 2923 (see 388th Report, March 2019).

Article 3. Freedom and autonomy of workers’ and employers’ organizations to appoint their representatives. Reactivation of the Higher Labour Council. The Committee notes with interest that, according to the Government, the Higher Labour Council, after having been inactive since 2013, was set up as of 16 September 2019. In this connection, the Committee refers to its comments on the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Articles 2 and 3. Legislative reforms pending. For several years, the Committee has been requesting the Government to take the necessary measures to amend the following legislative and constitutional provisions:

-articles 219 and 236 of the Constitution of the Republic and section 73 of the Civil Service Act (LSC), which exclude certain categories of public servants from the right to organize (members of the judiciary, public servants who exercise decision-making authority or are in managerial positions, employees with duties of a highly confidential nature, private secretaries of high-ranking officials, diplomatic representatives, assistants of the Public Prosecutor, or auxiliary agents, assistant prosecutors, labour prosecutors and delegates);
-section 204 of the Labour Code, which prohibits membership of more than one trade union, so that workers who have more than one job in different occupations or sectors are able to join trade unions;
-sections 211 and 212 of the Labour Code (and the corresponding provision of the LSC on unions of public service employees), which establish, respectively, the requirement of a minimum of 35 members to establish a workers’ union and a minimum of seven employers to establish an employers’ organization, so that these requirements do not hinder the establishment of workers’ and employers’ organizations in full freedom;
-section 219 of the Labour Code, which provides that, in the process of registering the union, the employer shall certify that the founding members are employees, so as to ensure that the list of the applicant union’s members is not communicated to the employer;
-section 248 of the Labour Code, by eliminating the waiting period of six months required for a new attempt to establish a trade union when its registration has been denied;
-article 47(4) of the Constitution of the Republic, section 225 of the Labour Code and section 90 of the LSC, which establish the requirement to have attained the age of majority and to be a national of El Salvador by birth in order to hold office on the executive committee of a union, which are excessive restrictions of the right of the workers freely to elect their representatives;
-article 221 of the Constitution of the Republic so as to limit the prohibition of the right to strike in the public service to officials exercising authority in the name of the State and those who perform their duties in essential services in the strict sense of the term (while recalling that it is also possible to restrict the exercise of the right to strike through the establishment of minimum services in public services of fundamental importance);
-section 529 of the Labour Code so that when a decision is taken to call a strike, only the votes cast are taken into account, and also that the principle is recognized of the freedom to work of non-strikers and the right of employers and managerial staff to enter the premises of the enterprise or establishment, even where the strike has been decided upon by an absolute majority of the workers; and
-section 553(f) of the Labour Code, which provides that strikes shall be declared unlawful “where inspection shows that the striking workers do not constitute at least 51 per cent of the personnel of the enterprise or establishment,” which is inconsistent with section 529(3) of the Labour Code and which restricts excessively the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes.

In this respect, the Committee notes that the Government duly notes the above-mentioned recommendations, indicates that consideration could not be given to proposals for reform owing to the inactivity of the Higher Labour Council over six years, and states that, with the reactivation of the latter, these, and other proposals for labour legislation reform, will be submitted to it. The Committee duly notes that, as specified by the Government, ILO technical assistance has been requested in this regard. Hoping to be able to note progress in the near future on these long pending legislative reform matters, the Committee urges the Government, following tripartite consultation, to take the necessary measures to ensure conformity of the above provisions with the Convention.

The Committee notes the Government’s replies to the previous observations of the International Trade Union Confederation (ITUC).

Article 1 of the Convention. Adequate protection against anti union discrimination. In its previous comments, the Committee emphasized the importance of reforming penalties against anti-union discrimination in order to ensure their dissuasive effect. The Committee notes that the Government: (i) states that the fines that can be imposed for violations of labour standards (such as anti-union discrimination) are very low (up to US$57.14 per violation), even compared with the penalty system on risk prevention in the workplace (which ranges from 4 to 28 minimum wages); and (ii) reports that, although proposals for reforms to increase the amount of fines related to labour standards have been presented since 2014, the Legislative Assembly has not yet issued an opinion. Regretting the lack of progress in this regard and reiterating the importance of the fines imposed in the event of anti-union discrimination being of a dissuasive nature, the Committee requests the Government, following tripartite consultation, to take effective measures to establish a dissuasive penalty system, and firmly hopes to be able to note progress in the near future.

Furthermore, in its previous observation, the Committee highlighted that the fact that the staff of the municipal authorities is not covered by the Labour Code does not free the Government of its responsibility to guarantee this category of workers adequate protection against anti-union discrimination. The Committee notes that the Government once again provides information on the existing legal framework, indicating that currently the staff of the municipal authorities can submit complaints to the Counsel General’s Office and Office of the Human Rights Advocate and Attorney General’s Office; reiterating that Ministry of Labour and Social Welfare should refrain from carrying out inspections among the municipal authorities (with the exception of inspections relating to the General Act concerning occupational hazard prevention); and noting the need to amend the applicable legislation. In this respect, the Committee notes that the Committee on Freedom of Association requested the Government, in consultation with the social partners from the sector, to take the necessary steps, including legislative measures if necessary, to ensure that the workers in the municipal authorities have access to adequate protection mechanisms against acts of anti union discrimination (see case No. 3284, report No. 389, in which the Committee on Freedom of Association referred the legislative aspects of the case to the present Committee). Recalling its previous comments within the framework of the application of the present Convention and the Labour Relations (Public Service) Convention, 1978 (No. 151) on the need to introduce legislative reforms to ensure that all public workers covered by those Conventions enjoy adequate protection against anti-union discrimination, the Committee requests the Government to, in consultation with the social partners from the sector, revise the legal framework to ensure that the workers in the municipal authorities have access to adequate protection against acts of anti union discrimination, and to keep it informed of any developments in this regard.

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

– acts of interference: section 205 of the Labour Code and 247 of the Penal Code so that the legislation explicitly prohibits all acts of interference under the terms prescribed by Article 2 of the Convention;
– requirements to be able to negotiate a collective agreement: sections 270 and 271 of the Labour Code and sections 106 and 123 of the Civil Service Act so that, when no union covers more than 50 per cent of the workers, the right to collective bargaining is explicitly granted to all unions, at least on behalf of their own members;
– revision of collective agreements: section 276(3) of the Labour Code to ensure that the renegotiation of collective agreements while they are still in force is only possible at the request of both parties concerned;
– judicial remedies in the event of the denial of the registration of a collective agreement: section 279 of the Labour Code to specify that judicial remedies are applicable against decisions of the Director-General not to register a collective agreement;
– approval of collective agreements concluded with a public institution: section 287 of the Labour Code and 119 of the Civil Service Act, which regulate collective agreements concluded with a public institution, to replace the requirement for prior ministerial approval by a provision envisaging the participation of the financial authorities during the process of collective bargaining, and not when the collective agreement has already been concluded;
– exclusion of certain public employees: section 4(1) of the Civil Service Act so that all public officials who are not engaged in the administration of the State enjoy the guarantees provided for in the Convention.

The Committee notes the Government’s indication that it plans to address these recommendations in the Higher Labour Council, which has recently been reactivated, and requests the technical assistance of the Office in this regard. Hoping to be able to note progress in the near future and noting that the Government requests the technical assistance of the Office, the Committee urges the Government to, with prior tripartite consultation, take the necessary steps to ensure conformity of the above provisions with the Convention.

Application of the Convention in practice. The Committee notes the information provided by the Government on the state of collective bargaining in the country, indicating that: (i) there are a total of 175 registered collective agreements, 133 of which are in force; and (ii) a total of 81,487 workers are covered by collective bargaining. Taking due note of this information, the Committee requests the Government to continue providing information on the number of collective agreements signed and in force, the sectors concerned (detailing the agreements of the public sector and of the education system) and the number of workers covered by those agreements, as well as on any measures adopted to promote the full development and use of collective agreements under the Convention.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee asked the Government: (i) to take the necessary steps to ensure that the measures taken in the context of the (already adopted) “National plan for equality and equity for women in El Salvador 2012–17” and the (due to be adopted) “Institutional gender policy” take sufficient account of the principle of the Convention; (ii) to send detailed information on any developments regarding the effectiveness of its policies in reducing the gender pay gap and increasing the participation of women in the labour market, including in higher-level and better paid jobs; and (iii) to send statistical information disaggregated by sex to enable an evaluation of the gender pay gap and the participation of men and women in the labour market over the years. The Committee notes the Government’s reference in its report to the adoption in 2014 of the “National policy for women”, managed by the Salvadoran Institute for Women’s Development, and the adoption in 2016 of the “National gender policy” and its action plan, managed by the Gender Equality Unit; in this context, the “Gender equality management programme” has been implemented in enterprises and for women. In addition, the Government refers to the creation in 2015 of the “Workplace gender equality alliance” by the Ministry of Labour and Social Welfare (Ministry of Labour), the Ministry of Economic Affairs and the Salvadoran Institute for Women’s Development, with the support of the United Nations Development Programme (NDP). In 2015, this alliance created the “gender equality seal”, which recognizes enterprises that promote gender equality. The Government also indicates that the Ministry of Labour has implemented the campaign for decent work for gender equality and the campaign to raise awareness of equal pay for equal work, aimed at employers and working women. The Government also indicates that the National Minimum Wage Board approved increases in the minimum wage in 2017. In the maquila (export processing) sector, there was a 42 per cent increase; in trade and services, a 21 per cent increase; and in the sugar cane and coffee sectors, an increase of about 48 per cent. Despite the positive results of these increases in social terms, the Government indicates that the gender-equal increases have not helped to resolve the situation since they do not take account of the previous pay gap. The Government states that, according to the statistics, the gap is widening in higher-ranking posts, and there are still occupations in which the presence of women is very limited, especially in traditionally “male” occupations. The Government recognizes that, despite its efforts, the gender pay gap has tended to widen in recent years. In 2014 average income for women was 91 per cent of average income for men (a gap of 9 per cent); in 2016, the earnings gap increased by 12 per cent. In terms of wages, in 2014 women’s wages were 84 per cent of men’s (a pay gap of 16 per cent). In 2016, the gap widened by 1 per cent (to 17 per cent); and in 2017 the gap stood at 16.2 per cent. In this regard, the Government indicates that it has adopted specific measures to overcome the existing gap. Between June 2014 and May 2018, the National Employment System has contributed to the employment of 170 persons, of whom 48 per cent are women. Moreover, it is organizing annual employment fairs only for women and special booths to provide occupational advice.

While recognizing the Government’ efforts to promote gender equality in employment and, in particular, gender pay equality, the Committee observes that the impact of the measures taken remains unclear in the majority of cases. Similarly, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 3 March 2017, expressed concern at persistent occupational segregation, the low participation of women in the labour force, the concentration of women in the informal economy, and the considerable gender pay gap (CEDAW/C/SLV/CO/8-9, paragraph 32(a)). In this regard, the Committee wishes to recall that monitoring the implementation of plans and policies in terms of results and effectiveness is essential, although the proliferation of plans and strategies, whether to promote gender equality or to combat discrimination, has not been accompanied by regular evaluation and ongoing review of the impact of the measures taken. The Committee also emphasizes the important role of consultations with the social partners and stakeholders in the development, follow-up, implementation and evaluation of adopted measures and plans, in order to ensure their relevance, raise awareness of their existence, promote wide support and acceptance of them, and improve their effectiveness (see the 2012 General Survey on the fundamental Conventions, paragraph 858). The Committee would like to take this opportunity to draw the Government’s attention to the fact that the principle established in the Convention refers to equal remuneration for men and women workers for work of equal value, not for identical work, as can be seen in the awareness-raising campaign carried out by the Ministry of Labour. The Committee refers the Government to its comments in the “Legislation” section of its observation. The Committee requests the Government: (i) to take the necessary measures to determine the nature, extent and causes of wage discrimination between men and women with a view to formulating and implementing a relevant and effective gender equality policy, namely one that has a measurable impact on the gender pay gap, in accordance with Articles 2 and 3 of the Convention; and (ii) to continue providing detailed statistical information on levels of pay in the various economic sectors, disaggregated by sex and occupational category, so as to enable an evaluation of progress made, particularly in sectors where men predominate.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors, in view of the absence of a mechanism enabling objective job evaluation. In this regard, the Committee notes that the Government reports that the “Five-year development plan 2014–19” has been adopted, providing for measures to promote and safeguard justice at work and quality in employment, and that in 2018 the Ministry of Labour completed the design of the Labour Market Observatory aimed at contributing to the evaluation of jobs in the public and private sectors. The main objective is to identify relevant factors in competencies and skills required by employers, occupational training opportunities, levels of schooling among the population and productive sectors with greater opportunities. The Government emphasizes that these measures seek to facilitate equal opportunities by promoting freedom of information on employment possibilities. The Committee notes these initiatives and recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Article 3 also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation (see the 2012 General Survey on the fundamental Conventions, paragraph 695). The Committee requests the Government to indicate the manner in which the Labour Market Observatory has contributed to the adoption of a mechanism for objective job evaluation in both the public and private sectors with a view to ensuring gender equality in the setting of pay levels.

Enforcement. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention. In this regard, the Government indicates that in the context of the ILO project funded by the European Commission (DG Trade) to give support to countries which are beneficiaries of the GSP+ programme (GSP: generalized system of preferences), training was held for officials, including 59 labour inspectors and ten managers and technical staff from the National Inspection Directorate. Furthermore, between 2015 and 2018, a total of 21 inspectors attended training courses on gender matters organized by the Salvadoran Institute for Women. The Government adds that, between May 2014 and June 2018, labour inspectors carried out 316 inspections, in which 44 per cent of beneficiaries were women. Inspections included ongoing plans for monitoring equality policies and women’s rights. The Government indicates that labour mediation has benefited more women than men in terms of monetary value gained. The Committee notes the Government’s indications on the work of the labour inspectorate and the training received by inspectors, but observes that it is unable to determine whether labour inspectors have received specific training relating to the content of the Convention. The Committee therefore once again requests the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention.

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119 of the Labour Code and which are not included in the definition of wages according to that legislative provision, are included in the concept of remuneration. In this regard, the Committee notes the Government’s indication in its report that the National Labour Directorate is drawing up plans to carry out scheduled inspections to check the existence of labour discrimination relating, inter alia, to differences in wages between men and women in the same job or post. The Committee also notes that the Government reiterates that the emoluments provided for in section 119(2) of the Labour Code are often granted by employers outside the employment contract and/or collective agreement so it is difficult for the labour inspectorate to carry out checks and impose penalties in relation to this provision. In this regard, the Committee wishes to recall that Article 1(a) of the Convention sets out a very broad definition of the term “remuneration”, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment”. This broad definition of remuneration in the Convention seeks to encompass all forms of recompense that a worker may receive for his or her work, including payments in cash as well as in kind, and also payments made directly or indirectly by the employer to the worker for the work done. Such a broad definition is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. The words “directly or indirectly” were added to the definition of remuneration in the Convention with a view to ensuring that certain emoluments which were not payable directly by the employer to the worker concerned would be covered. The definition also captures payments or benefits, whether received regularly or only occasionally (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–687). The Committee requests the Government to take steps to raise the awareness of the social partners regarding the principle of the Convention and its implications so as to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119(2) of the Labour Code are included in the concept of remuneration, in accordance with the principle established by the Convention.

Article 1(b). Work of equal value. Legislation. The Committee has been referring for nearly two decades to the need to amend article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector so that the principle of equal remuneration for men and women for work of equal value is incorporated. In this regard, the Committee notes with regret that the Government simply reiterates that the content of article 38 of the Constitution promotes the principle of equal pay for equal work, and refers to the existence of the “Act on equality and the eradication of discrimination against women” and its National Equality Plan. The Committee recalls that the Convention’s principle of “equal remuneration for men and women workers for work of equal value” includes, but goes beyond, equal remuneration for “equal”, “the same” or “similar” work and also encompasses work of an entirely different nature which is nevertheless of equal value. The Committee once again urges the Government to take the necessary steps without delay to give full expression in law to the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard.

Article 2. Public sector. The Committee has been referring for more than a decade to section 65 of the Civil Service Act of 1961, which provides that “jobs shall be classified into similar groups in terms of duties, functions and responsibilities … so that they can be assigned the same level of remuneration under similar conditions of work”, and which is more restrictive than the principle of equal remuneration for men and women for work of equal value. In its latest comments, the Committee asked the Government to take the necessary steps to incorporate the principle of equal pay for men and women for work of equal value in the Civil Service Act of 1961. The Committee also asked the Government to provide information on the methods used to determine job classifications and pay scales applicable to the public sector. The Government indicates that wages are assigned under the General Budget Act and Wage Act, and that this is done without distinction between men and women. It also states that it issued Directive No. 4025 establishing standards for the classification of posts, and which classifies posts by category and establishes criteria for analysis of the appointed staff. The Government indicates that there are no regulations for establishing salary structures but that each institution has criteria and internal policies for assigning salaries for officials and employees. At the government level, the criteria are: suitability for the post, hierarchical level, and reclassification of posts to be filled according to the duties involved, with the proviso that the salary concerned must not distort the pay scale. The Committee recalls that “historical experience has shown that insistence on factors such as ‘equal conditions of work, skill and output’ can be used as a pretext for paying women lower wages than men. While factors such as skill, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account” (see the 2012 General Survey on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take the necessary steps to ensure that: (i) the principle of equal remuneration for men and women for work of equal value is incorporated in the Civil Service Act of 1961, and in the General Budget Act and the Wage Act; and (ii) Directive No. 4025 establishing standards for the classification of posts, each institution’s criteria and internal policies, and also government directives, respect the principle set forth in the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 2 and 3 of the Convention. National equality policy. Equality of opportunity and treatment for men and women in respect of employment and occupation. In its previous comments, the Committee requested the Government to continue its evaluation of the various gender equality policies and plans in force, particularly the National Equality and Equity plan for Salvadorian Women 2012–17, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas. It also requested the Government to provide statistical data disaggregated by sex and occupational sector. The Committee notes the Government’s indication in its report that the Salvadorian Institute for Women’s Development produced an interim report on the National Equality Plan 2016–20. The Government indicates that the main measures taken and results achieved were, among others: (i) the adoption of job placement mechanisms by the Ministry of Labour and Social Security. The Government indicates that as a result of these, as at June 2017, some 8,884 people had obtained employment, 51.61 per cent of whom were women; that 49 job fairs had been held, four of which were exclusively for women; and that 5,576 women had been received at women’s rights service desks; (ii) the implementation of three ongoing plans, as a result of which 1,048 labour inspections related to women’s rights were conducted in 2016, and 368 in 2017; 39 labour inspections related to workplace harassment were conducted in 2016, and 26 in 2017; and 28 labour inspections related to the dismissal of pregnant women were conducted in 2016, and 60 in 2017; and (iii) the implementation in 2016 of four specific plans on the monitoring of wage gaps, the right to breastfeed, establishments for the manufacture and sale of fireworks and the payment of bonuses. The Government also indicates that, with the support of the Economic Commission for Latin America and the Caribbean, a document was prepared on the recognition of unpaid work, which will serve as the basis for a public policy currently being drafted on this subject. Regarding statistical data, the Government has indicated that: (i) in 2014, the average income for women was 91 per cent of that of men, and that by 2016 this gap had widened by 2 per cent; (ii) the gap between men and women is wider in higher ranking professions, and that in certain professions women’s participation is very low, particularly those traditionally considered to be “male”; (iii) the rate of women’s participation in the labour market was 95.3 per cent in 2014 and 94.7 per cent in 2016, while men’s participation was 91.4 per cent in 2014 and 91.9 per cent in 2016; (iv) regarding the participation of rural women in government programmes, the Ministry of Agriculture and Livestock indicates that, in 2015–16, women’s participation in the Agricultural Packages Programme rose from 40 to 47 per cent, and from 31 to 34 per cent in livestock-, forestry- and fishing-related training; and (v) the National Equality Plan 2016–20, which aims to establish efficient equality and non-discrimination measures, is being implemented. The Committee welcomes the measures adopted and requests the Government to continue with its evaluation of the various gender equality policies and plans, particularly the National Equality Plan 2016–20, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas.

Indigenous peoples. In its previous comments, the Committee requested the Government to provide information on the specific measures adopted under the 2015 Public Policy for the Indigenous Peoples of El Salvador, including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market with equal conditions and opportunities. The Government indicates that it has developed the Cuna Náhuat early immersion language programme to develop the linguistic abilities of children from the indigenous community of Santo Domingo de Guzmán, Sonsonate, through a controlled process of early immersion in the Náhuat language. The Government indicates that 64 children received instruction in Náhuat between 2016 and 2017. It also indicates that an online Náhuat course was developed through an agreement with Don Bosco University involving input from language specialists from various universities in the country and Náhuat speakers from Santo Domingo de Guzmán. Instruction modules for teachers and student textbooks were also designed and drawn up to strengthen cultural identity and encourage the revitalization of the Náhuat language. The Government refers to the adoption of the Youth and Adult Continuing Education Policy (EPJA), which aims to create learning opportunities for young persons and women, particularly in rural areas and among indigenous peoples. The Government also adopted the “one people, one product” strategy for the promotion of economic and social development, employment, local productivity and identity-based resources. The Government indicates that the Five Year Development Plan 2014–19 includes among its objectives the promotion of the rights of indigenous peoples and of women. The Government announces that the Presidential Commissioner for the Defence of Human Rights is in the process of developing a public policy to harmonize actions in favour of indigenous peoples and their petitions. The Committee observes that the United Nations Committee for the Elimination of Racial Discrimination noted the measures for the revitalization of the Náhuat-Pipil language and expressed concern at the lack of similar measures for the Pisbi language of the Kakawira people and the Potón language of the Lenca people. The Committee also expressed its concern that measures promoting indigenous artisanship and the use of traditional indigenous knowledge were adopted without consulting with or obtaining the consent of indigenous peoples, and without safeguarding their rights in this area (CERD/C/SLV/CO/18-19, 29 August 2019, paragraph 24). The Committee notes that the United Nations Human Rights Committee, in its concluding observations, expressed its concern about the persistence of discrimination against indigenous people and other vulnerable groups, particularly in the areas of education, health, housing and employment (CCPR/C/SLV/CO/7, 9 May 2018, paragraph 9). Recognizing that indigenous minorities are in a better position to learn when instruction is in their native language, the Committee welcomes the measures adopted by the Government and requests it to provide information on the results of the Early Immersion Language Programme developed for the indigenous community of Santo Domingo de Guzmán, Sonsonate, and other measures developed for other indigenous peoples. The Committee also requests the Government to continue providing information on the specific measures adopted to benefit the indigenous peoples included under the Youth and Adult Continuing Education Policy (EPJA), including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market on the basis of equal conditions and opportunities.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to vocational training under equal conditions. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted by the Salvadorian Vocational Training Institute (INSAFORP) to promote vocational training for women, and particularly on the affirmative action taken under the Institutional Gender Equality and Equity Plan 2013–16. The Committee notes the information provided by the Government in this regard, particularly that in 2016 a training programme on gender issues was provided to employees in the staff training system and to people who provide services, a study was conducted on the promotion of women’s training for non-traditional careers, and a campaign on gender stereotypes was launched with the support of the ILO and various government bodies. The Committee welcomes the measures taken and requests the Government to continue providing information on the measures adopted by INSAFORP, and particularly on the impact of these measures on the promotion of vocational training for women. The Committee requests the Government to provide statistical data, disaggregated by sex and occupational sector, on vocational training provided to men and women.

Enforcement. In its previous comments, the Committee requested the Government to: (i) indicate the outcome of the proceedings instituted under section 246 of the Penal Code, which provides that “any person who causes serious employment discrimination on the basis of sex, pregnancy, origin, civil status, race, physical or social condition, religious or political opinion, participation or non-participation in trade unions and their agreements, or kinship with other workers at the enterprise, and who does not, after administrative penalty or summons, re-establish equal conditions under the law and redress any financial damage that may have arisen from their actions, shall be liable to imprisonment of six months to two years and the penalties imposed”; (ii) provide statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and (iii) provide information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment. The Committee notes the Government’s indication that the Department of Labour Inspection has a system that receives complaints of various kinds of discrimination. Inspection staff then inspect the workplace, gather evidence and decide whether discrimination has occurred: for example, in 2016, a total of 55 complaints were registered, of which 46 were closed and nine resulted in fines. In 2017, a total of 72 complaints were registered, of which 67 were closed, four resulted in fines and one is being processed. In 2018, eight complaints were registered, of which five were closed and three are being processed. Regarding training measures, the Government indicates that in 2015–16, a total of 21 training days were held and 610 people attended, including inspection staff, workers and employers; the Technical Training Institute was established for employees of the Ministry of Labour and Social Security; and the Special Unit for the Prevention of Employment Discrimination presented talks on this subject at public events. The Committee requests the Government to indicate the outcome of the proceedings instituted under section 246 of the Penal Code and the penalties imposed; to continue providing statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and to continue providing information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that women workers enjoy effective protection against dismissal and any other acts of discrimination on the grounds of pregnancy or maternity in the public and private sectors, including in the maquila (export processing) sector, and to supply information on any developments in this respect. The Committee also requested the Government to continue providing information on the number of complaints filed, indicating the grounds for the complaints, sectors concerned, proceedings instituted, remedies granted and penalties imposed. The Committee notes the Government’s indication in its report that, in June 2018, the Labour and Social Welfare Committee of the Legislative Assembly approved an amendment to section 113 of the Labour Code granting a six-month employment guarantee after the worker returns from the four months of maternity leave, in the public, municipal or private sectors, and establishes fines of three to six months of the minimum wage for non-compliance. The Government also indicates that labour inspections are conducted with the objective of providing protection for women against violations of their rights: in 2015, some 117 inspections were conducted in the private sector, and 23 in the maquila sector; in 2016, some 131 inspections were conducted in the private sector, and 30 in the maquila sector; and, in 2017, a total of 141 inspections were conducted in the private sector and 21 in the maquila sector. The Government adds that, 20 pregnant women were reinstated in their posts in 2015; 22 in 2016; 25 in 2017; and one in 2018. The Committee welcomes the reported legislative initiative that would grant greater job security to women up to six months after the period of maternity leave. The Committee requests the Government to provide information on the announced reform of section 113 of the Labour Code. In addition, observing that the Government reported the reinstatement of several pregnant women, the Committee requests the Government to provide information on the scope of the protection in law of pregnant women and to continue providing information on the number of complaints alleging discrimination on pregnancy or on maternity, the sectors concerned, violations found, remedies granted and penalties imposed.

Sexual harassment. In its previous comments, the Committee requested the Government to take the necessary measures without delay to include in the Act on the prevention of work-related risks of 2010 provisions that: (i) define and prohibit both quid pro quo and hostile work environment sexual harassment; (ii) provide access to remedies for all men and women workers, men and women to report such harassment; and (iii) provide for sufficiently dissuasive sanctions and adequate compensation. In this respect, the Committee notes the Government’s indication that section 7 of the Act of 2010 defines sexual harassment as a psychosocial risk, and section 29 of the Labour Code prohibits sexual harassment by employers. The Government reports that the labour inspectorate has a procedure to impose fines for acts of this nature, with the possibility of bringing charges against the offender, and a protocol on complaints of sexual and workplace harassment. The Government reports that, in 2015, one inspection was conducted into harassment; none in 2016; and five in 2017. Over the years, the Committee has consistently expressed the view that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraph 789). While noting the information provided by the Government, the Committee once again requests the Government to take the necessary measures to include in the Act on the prevention of work-related risks of 2010 provisions that: (i) define and prohibit both quid pro quo and hostile work environment sexual harassment; (ii) provide access to remedies for all men and women workers; and (iii) provide for sufficiently dissuasive sanctions and adequate compensation. The Committee also requests the Government to continue sending information on: (i) any measures adopted to prevent sexual harassment and to raise awareness among workers and employers; and (ii) the number of complaints concerning sexual harassment in employment and occupation received, the penalties imposed and compensation awarded.

Article 1(1)(b). Real or perceived HIV status. In its previous comments, the Committee noted that Decree No. 611 of 2005 reforming the Labour Code introduced a new section 30, which prohibits discrimination against workers on the basis of their HIV status and also prohibits compulsory HIV testing as a condition for acquiring or retaining employment. However, the Committee noted that the Public Service Act of 1961 provides that any person who suffers from an infectious/contagious disease may not enter the administrative career service. In this regard the Government indicates that, in December 2016, a Plan on monitoring the labour rights of people with HIV was launched with the slogan “Inspection with Inclusion”. The Government reports that two inspections were conducted in this context in 2016 and none in 2015 and 2017. The Committee notes this information and requests the Government to take the necessary steps to amend the Public Service Act of 1961 in order to provide adequate protection for all workers in the public sector against discrimination on the basis of real or perceived HIV status, with such protection including the prohibition of compulsory HIV testing as a condition for acquiring or retaining employment. The Committee requests the Government to report the measures adopted to implement the “Inspection with Inclusion” plan and the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.

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.

Articles 1 and 5 of the Convention. Policies and programmes of vocational guidance and vocational training. Youth employment. Cooperation with the social partners. In its previous comments, the Committee requested the Government to provide information on the programmes of vocational guidance and vocational training developed and conducted by the El Salvador Vocational Training Institute (INSAFORP), and the manner in which the cooperation of the social partners and other interested bodies is ensured. The Committee also requested the Government to indicate how effective coordination is ensured between the policies and programmes of vocational guidance and vocational training conducted or financed by INSAFORP and the Public Employment Service. The Committee notes the Government’s indication that, through the National Employment System, of which INSAFORP is an integral part, vocational training programmes are coordinated with the needs identified by the users of the public employment services. In particular, the Government refers to the implementation of professional training programmes for unemployed young persons aged between 16 and 25 years, which comprise systematic and comprehensive training measures that are closely linked to the needs of the productive sector. The Government adds that these training measures aim to equip participants with the technical, social and attitudinal skills and knowledge that will allow them to improve their employability or develop their entrepreneurial spirit. The training measures include courses and programmes in the areas of administration, information technology, business, industrial manufacturing, electrical work, hospitality and automotive and industrial mechanics. The Government also indicates that these training courses are free of charge for the participants. The Committee further notes the information provided by the Government in its report in relation to the various training activities formulated and implemented by INSAFORP between 2015 and 2017. In this regard, the Government refers, inter alia, to the implementation of the “Youth Pathways” programme, which aims to promote the labour integration, entrepreneurship and access to education of young people aged between 18 and 25 years in situations of economic or social vulnerability, who have been exposed to violence, have not completed their studies and are not in work or education. Furthermore, an electronic platform has been developed that enables users to access vocational training programmes. Lastly, the Government indicates that, according to statistical information from INSAFORP, during the above-mentioned period, 562,594 workers participated in continuous training activities and 350,430 persons (women, young persons and persons in situations of vulnerability) in basic training activities. The Committee observes, however, that the Government fails to include in its report information on how it ensures collaboration with the social partners and other interested bodies in the formulation and implementation of vocational guidance and training programmes. The Committee requests the Government to continue providing updated and detailed information on the impact of the programmes and policies implemented in relation to vocational guidance and training, including statistics disaggregated by age and sex. The Committee also requests the Government to provide information on the coordination of education and vocational training policies with employment policies and, specifically, on how it is ensured that the training offer is coordinated with the demand for knowledge and skills and the changing landscape of the labour market. The Committee reiterates its request to the Government to provide detailed information on the manner in which the cooperation of the social partners and of other interested bodies is ensured in the formulation and application of the vocational guidance and training programmes.

The Committee notes the observations of the Trade Union of Nursing Professionals, Technicians and Auxiliaries of El Salvador (SIGPTEES), received on 8 February and 12 September 2016. The Committee also notes the Government’s reply to these observations, received on 9 February 2017.

Article 2 of the Convention. Policy concerning nursing services and nursing personnel. The Committee notes with interest the adoption of the national policy on nursing care by means of Order No. 273 of 5 February 2016. The Government states that this policy was formulated with the participation of various bodies, including: the Nursing Unit at the Ministry of Health; SIGPTEES; the Nursing Supervisory Board (JVPE); and the National Association of Salvadoran Nurses. The Government indicates that the policy has eight areas, each with a set of goals, strategies and lines of action. The goals include: (i) developing actions in planning, organization, management and evaluation aimed at improving results in nursing care; (ii) promoting evidence-based nursing care which is comprehensive, ongoing, of high technical quality, safe and humane; (iii) providing nursing personnel with possibilities and conditions for acquiring new health knowledge and up-to-date approaches to the discipline; and (iv) establishing a system of information and computerization which makes visible the outcomes of nursing care for public health and the development of nursing as a science. The Committee observes that the policy also includes the following lines of action: updating and monitoring the application of the legislation in force in order to regulate nursing practice (1.3.1); ensuring that the complexity of duties assigned to nursing personnel are consistent with their level of training, position and professional competence (1.3.3); and promoting the professionalization of nursing instruction (3.1.3). The Committee also notes the adoption in December 2016 of the “National nursing care action plan”, which sets out the specific actions to be undertaken to promote the professionalization of nursing in its various areas of implementation in order to respond to the demand for high-quality public healthcare. The action plan also establishes a set of indicators to measure and evaluate the results achieved, response times, and the various entities responsible for implementation. The Committee requests the Government to send detailed, up-to-date information on the measures taken in the context of the “National nursing care action plan” and its impact in practice, particularly measures designed to provide nursing personnel with education and training appropriate to the exercise of their functions; and employment and working conditions, including career prospects and remuneration, which are likely to attract persons to the profession and retain them in it.

Article 4. Requirements for the practice of nursing. In reply to the Committee’s previous comments, the Government indicates that on 10 September 2012 the Health Commission was notified of the draft Bill on nursing practice, which was drawn up at the initiative of the JVPE. The Government reports on the various actions implemented by the Health Commission with a view to considering the adoption of the draft Bill, such as meetings with JVPE representatives and the request for technical reports. The Government states that the draft Bill is still being studied by the Health Commission. The Committee requests the Government to take the necessary steps to ensure the adoption of the draft Bill of January 2012 on nursing practice, to report on progress made towards that end, and to send a copy of the legislation once it has been enacted.

Article 5. Consultations with nursing personnel. The Committee notes that the SIGPTEES reports in its observations that it has not received any reply to its repeated requests made in 2015 for a meeting with the Minister of Health with a view to presenting a set of demands regarding regulation of the conditions of work of nursing personnel. In this regard, the Committee notes that the SIGPTEES attaches to its observations the set of demands, in which, inter alia, it requests: (i) a meeting with the Minister of Health; (ii) the formulation of a nursing services and personnel policy, in accordance with Article 2 of the Convention; (iii) standardization of conditions for processing, review and resources relating to leave, free days and deductions for nursing personnel; and (iv) measures to revise procedures for the recruitment, transfer and reassignment of nursing personnel in order to ensure transparency in all stages (start, processing and conclusion). In its reply to these observations, the Government indicates that: (i) bilateral and working meetings have been held with the SIGPTEES, including monthly meetings in the context of the Inter-Institutional Commission for the National Health System (SNS); (ii) the national nursing policy was adopted in 2016, with the SIGPTEES involved in its formulation; (iii) the conditions governing leave, free days and deductions of nursing personnel are the same as those established for other public employees in the legislation (Act concerning rest days, vacations and leave of public employees); and (iv) the system for the recruitment and transfer of nursing personnel is governed by the procedures set forth in sections 20–28 and 37 of the Civil Service Act and the internal regulations and manuals of the Ministry of Health and other health sector institutions relating to human resources. With regard to the latter, the Government also indicates that the management of nursing posts is undertaken each year at the time of drawing up the budget, on the basis of needs forecasts for the different national hospitals and health regions. The Government adds that it has not received any complaints regarding flaws in nursing recruitment or in the management of nursing posts. The Committee also notes that the SIGPTEES claims that on 26 November 2015 the SNS Inter-Institutional Commission, composed of institutions and workers’ organizations in the sector, held a meeting recording the closure of the business process which had been under way since 18 February 2015 with the purpose of ensuring compliance with the Convention. The SIGPTEES objects to the fact that this record was adopted without being signed or notified according to the legally established procedure. The Government indicates that a copy of the closure instrument was given to all participants in the process, including the SIGPTEES. The Government also states that during the above-mentioned meeting a comparative chart of the national legislation was adopted, specifying the various national provisions guaranteeing the rights of nursing personnel, in accordance with Article 6 of the Convention. Lastly, the SIGPTEES indicates that nursing personnel do not have the same rights of freedom of association as other workers, regarding aspects such as the granting of leave for representatives of workers’ organizations. In addition, it refers to the decision of 13 November 2015 of the Fourth Labour Court (ref. NUE 12394-15-DV-4LB1/MY (851/2015)), declaring that the demonstration held by nursing personnel during their free time constituted an illegal strike. In this regard, the Committee indicates that such matters will be examined in the context of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee requests the Government to provide detailed information on the measures taken or contemplated to ensure the participation of nursing personnel in the planning of nursing services and consultation with such personnel on decisions concerning them.

Article 6. Conditions of work. The Committee notes that the SIGPTEES reports that nursing personnel do not receive any extra pay for overtime, for dangerous or unhealthy tasks, night work or public holidays on which they work. The SIGPTEES claims that the Ministry of Health does not provide nursing personnel recruits with uniforms or food. It also indicates that nursing personnel are entitled to only three days’ paternity leave. However, the Committee notes that the SIGPTEES does not specify whether the right to three days’ paternity leave for nursing personnel is per year or per month, and whether this is equivalent to what is established for other workers. The Committee requests the Government to send detailed, up-to-date information on the manner in which it is ensured in practice that nursing personnel enjoy conditions of work at least equivalent to those of other workers, including with regard to extra pay for overtime, dangerous or unhealthy tasks, night work and work on public holidays, and with regard to paternity leave.

Article 7. Occupational safety and health. The Committee observes that the goals of the national nursing care policy include improving working conditions for nursing personnel to ensure that they can perform their tasks without physical, psychological or social risks. In this regard, the policy establishes the following lines of action: promoting compliance with, and the application of, the laws and regulations concerning occupational safety and health (7.2.1); and modernizing systems and measures for protection against risks and harm to health (7.2.2). The Committee requests the Government to send up-to-date information on the nature and impact of the measures taken in the context of the “National nursing care plan” to guarantee the occupational safety and health of nursing personnel, including their protection against infectious diseases, such as HIV and AIDS.

Application in practice. The Committee notes that, according to the information available in the draft of the “National nursing care plan”, in February 2015 there were 29,622 persons enrolled in the JVPE register (18.40 per cent were graduates, 22.75 per cent were “technologists” (advanced diploma), 37.37 per cent were “technicians” (intermediate diploma) and 21.48 per cent were nursing auxiliaries. The SIGPTEES reports that in many hospitals there is a ratio of one nurse for 50 to 60 patients. The Committee requests the Government to provide detailed, up-to-date information on the application of the Convention in practice, including statistics on the numbers of nursing personnel – disaggregated by sex, age, sector of activity, level of training and functions – and statistics on the ratio of nursing personnel to population, the number of persons entering and leaving the profession each year, the measures taken to attract persons to the profession, and copies of official reports and studies relating to nursing services. The Committee also requests the Government to provide information on any practical difficulties encountered in the application of the Convention, such as the shortage or migration of nursing personnel.

Article 2 of the Convention. Workers covered. Since 2006, the Committee has repeatedly requested the Government to provide information on the measures taken or envisaged to benefit temporary workers with family responsibilities. The Committee notes that in its report, the Government simply indicates that the labour legislation in force applies to temporary workers without distinction. However, in the light of the fact that workers with family responsibilities are particularly vulnerable to discrimination in employment and occupation, especially temporary workers who can be at risk of not having their contract renewed, the Committee requests the Government to indicate the manner in which it is ensured that such workers can assert their right to work without being subject to discrimination on the basis of their family responsibilities. Please provide information on any relevant judicial or administrative decisions in this regard.

Article 3. National policy. In its previous comments, the Committee requested the Government to provide information on the progress achieved in drawing up a national policy for workers with family responsibilities. The Government reports that, while no specific policy has been adopted in that respect, a range of measures have been adopted. Firstly, the Government indicates a range of legislative measures, including: (i) section 29 of the Labour Code of 1972 which establishes two days of paid leave per month, with a maximum of 15 days per year to meet family obligations, in relation to the death or serious illness of a spouse, ancestor or descendant; (ii) the amendment in 2013 of section 29 of the Labour Code which includes three days’ paid paternity leave for private sector workers on a birth or adoption; in the same year, the same measure was established for public sector workers, in addition to section 9 of the Act providing for holidays, public holidays and time off for public sector workers; (iii) section 113 of the Labour Code prohibiting dismissal during pregnancy and maternity leave; (iv) section 246 of the Penal Code of 1998, prohibiting acts of labour discrimination due to pregnancy; and (v) laws offering protection in the public and private sectors for breastfeeding (the 2013 Act on the promotion and support of breastfeeding, the 2013 Act on the comprehensive protection of childhood and youth, and the 2010 General Act on the prevention of risks in the workplace). In addition to these legislative measures, the Government adds that it has adopted: (i) a 2014–19 Five-Year Development Plan, setting out measures to promote gender equality, including the need to set up a care programme for children between 0 and 3 years, elderly persons and persons with disabilities; (ii) a 2011–14 National Policy on Women, establishing care as a shared responsibility between the State, families and the private sector. The National Policy on Women includes measures such as the creation of a national care system, the promotion of shared care by mothers and fathers through labour policies in public and private companies and extending the coverage of initial childcare for children between 0 and 3 years, in accordance with parents’ working hours; and (iii) a National Policy on Social Co-responsibility for Care. The Government notes that it has included family co-responsibility in various government policies and other measures are expected to be adopted. Finally, the Government reports that, in 2015, the Inter-Sectoral Monitoring Committee was set up to adopt the policy, and was composed of several governmental agencies, with technical assistance from the Economic Commission for Latin America and the Caribbean and international cooperation agencies. The Committee notes the general and institutional measures adopted for workers with family responsibilities. The Committee requests the Government to provide information on the practical measures implemented within the framework of the 2014–19 Five-Year Development Plan and the 2011–14 National Policy on Women, in order to ensure that persons with family responsibilities who are engaged or wish to engage in employment can assert their right to do so without being subject to discrimination and, as far as possible, without conflict between their family and occupational responsibilities; and also on the adoption of the National Policy on Social Co-responsibility for Care.

Articles 4 and 7. Equality of opportunity and treatment. The Committee previously requested the Government to continue providing information on the implementation of the National Employment Plan, the National Employment Policy and the Act on equality, equity and the elimination of discrimination against women in terms of the application of the Convention and, in particular, on the specific measures adopted to enable workers with family responsibilities to be able to enter and remain in the labour force, and to return to the labour force following an absence due to those responsibilities. The Committee notes the information provided by the Government on the various programmes and measures aimed at promoting gender equality in relation to the objective of the Convention. Accordingly, in 2013, action was taken to promote care enterprises, through the formulation of legal and institutional reforms for the implementation of measures for the sharing of family responsibilities between men and women, so that women entrepreneurs can develop their skills and businesses. Centres were also set up to provide care for children and elderly and dependent persons in order to alleviate women entrepreneurs’ burden of care work. The Committee welcomes the measures taken and requests the Government to continue to provide information on the specific measures taken or envisaged to ensure that workers with family responsibilities can enter and remain in the labour force, and return to the labour force following an absence due to those responsibilities.

Article 5. Community services. The Committee previously requested the Government to provide information on the measures compatible with national conditions and possibilities to develop or promote public or private community services (such as kindergartens) to take into account the needs of workers with family responsibilities, and to provide statistical information disaggregated by sex on the availability of such facilities and the number of workers benefiting from them. The Government indicates in its report that the Act on the comprehensive protection of childhood and youth establishes a “national system for the comprehensive protection of childhood and youth” (INSA) which established the Child Welfare Centres (CBI). Those centres provide childcare for children aged 2 to 7 years from vulnerable urban areas for half or full days (11 hours). By the first quarter of 2015, there were 190 centres in the country’s 14 departments, covering 111 municipalities and providing childcare for 4,852 children. Integral Development Centres were also established to provide formal education to children aged from 6 months to 7 years. The centres are usually managed by local government, providing childcare services for the children of municipal market workers and street vendors. In the first quarter of 2015, there were 15 such centres caring for 1,452 children. The Government reports that programmes to reintegrate young mothers into education who dropped out due to maternity include the cost of childcare as a financial incentive. The Government indicates that in the first quarter of 2015, there were 121 public centres providing childcare services for children between 0 and 3 years, and that 59 of them were located in rural areas and 62 in urban areas. There are 2,983 children attending these centres. Two hundred private centres are also registered, six of which are located in rural areas. These centres provide childcare for 4,598 children. In 2013, the Government also adopted the Universal Social Protection System (SPSU) which promotes community services that take account of the needs of workers with family responsibilities, including: (i) a basic universal pension and essential care for elderly persons over 70; (ii) school meals; and (iii) the provision of uniforms, shoes and school materials. The Committee notes, however that, in its concluding observations, the United Nations Committee for the Elimination of all Forms of Discrimination against Women (CEDAW) expressed concern at the fact that women continue to spend three times as much time as men on domestic work and that there is a lack of childcare facilities (CEDAW/C/SLV/CO/8-9, 3 March 2017, paragraphs 40(b) and (c)). The Committee requests the Government to provide up-to-date information on: (i) the supply and demand for care services and facilities providing care for children and other family members of workers with family responsibilities, who clearly require their care, both in urban and rural areas; and (ii) any other measures envisaged to improve the availability, accessibility, adequacy and quality of childcare and family services and facilities for workers with family responsibilities.

Article 6. Information and education. In its previous comments, the Committee emphasized the importance of the existence of true awareness of the problems confronting workers with family responsibilities and the need to take measures as a basis for establishing effective equality of opportunity and treatment in the labour market. The Committee notes the detailed information provided on the activities and programmes to promote the right to gender equality, as well as institutional coordination mechanisms for monitoring and evaluation. The Committee also notes that, in its concluding observations, the Committee for the Elimination of all forms of Discrimination against Women recommended the State to raise awareness among women and men of their equal family responsibilities, encourage men to participate equally in child-rearing and household responsibilities and introduce flexible working hours for women and men in both the public and private sectors (CEDAW/C/SLV/CO/8-9, 3 March 2017, paragraph 41(b)). In this respect, the Committee emphasizes the importance of conducting regular awareness-raising and education campaigns in order to improve the public’s understanding of the difficulties faced by workers with family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to improve the public’s understanding, by means of information and education, of the principle of equality of opportunity and treatment for workers with family responsibilities and workers without family responsibilities; and of the benefits of gender equality for society, families and the workplace.

Articles 9 and 11. Collective agreements, work rules, arbitration awards, court decisions, right to participate of employers’ and workers’ organizations. The Committee notes the Government’s indication that the principle of the Convention has not been widely developed within the framework of collective bargaining, and that it refers to the collective agreement of the El Salvador Social Security Institute as an exceptional case, which includes measures to extend maternity leave, and regulates the right to breastfeed in addition to leave for moving house. The Committee requests the Government to provide information on the measures taken or envisaged, in consultation with the social partners, with a view to promoting the inclusion in collective agreements, work rules and arbitration awards of provisions that encourage non-discrimination for workers with family responsibilities.

Practical application. In its previous comment, the Committee requested the Government to provide information on the possibility that the Secretariat for Social Inclusion and the General Directorate of Statistics and Censuses could develop systematic indicators on workers with family responsibilities. In this respect, the Government reports that the 2016 National Policy on Women provides for the collection and systemization of statistical data relating to the Convention. Based on the Time Use Survey, since 2010, assessments of the labour market and women and men’s participation have been made. In addition, the General Directorate of Statistics and Censuses has drawn on the Household Survey to produce reports and a range of proposals on labour underutilization and on decent work, the persistence of occupational segregation, widespread lack of protection and informality, particularly for the work performed by women, and overburdening of women who take on unpaid household and care work. The Committee requests the Government to provide information on the indicators on workers with family responsibilities that were used for the 2016 National Policy on Women. The Committee also requests the Government to provide statistical information on workers with family responsibilities disaggregated by sex, age, occupation and sector, and on their participation rate in the labour force, employment rate (full and part-time), unemployment rate, average working hours and levels of pay.

Comments adopted by the CEACR: El Salvador

Adopted by the CEACR in 2022

C029 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C138 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C144 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (109th Session of the International Labour Conference, June 2021)

Adopted by the CEACR in 2020

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C156 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: El Salvador

Display the list by:

Adopted by the CEACR in 2022

C029 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C138 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C144 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (109th Session of the International Labour Conference, June 2021)

Adopted by the CEACR in 2020

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C156 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)