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

Article 1 of the Convention. With regard to its previous request concerning the application of the penalties laid down by section 246 of Legislative Decree No. 1030 which penalizes discrimination at work, the Committee notes the Government’s statement in its report to the effect that it has no knowledge of any court decision which has applied this provision. As regards administrative bodies responsible for penalizing conduct deemed to be “serious discrimination at work”, in accordance with section 246, the Committee notes that the body which has responsibility is the Special Unit for Gender Issues and the Prevention of Discrimination in Employment, which forms part of the Directorate-General of Labour Inspection. The Committee notes that no cases of “serious discrimination at work” have been reported. The Committee requests the Government to continue supplying information on any court decision relating to section 246 of Decree No. 1030 and on any case of serious discrimination at work examined by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment. Please indicate the manner in which the Unit interprets and applies in practice the concept of “serious discrimination at work”. In light of the above, the Committee also requests the Government to continue taking steps to disseminate knowledge of the legislation on discrimination and the avenues for dispute resolution, particularly in the context of programmes to promote knowledge of labour rights conducted by the Government.

Article 1(1)(b). Discrimination against workers with HIV/AIDS. The Committee recalls that under Decree No. 611 amending the Labour Code, section 30 of the Code was amended to contain a prohibition on making any distinction, exclusion or restriction with regard to workers having HIV/AIDS and also on requiring persons seeking employment to undergo an HIV test as a condition of being hired and during the contract of employment. The Committee also observes that section 19 of the Civil Service Act, which regulates employment in the public service, establishes that any persons who suffer from an infectious or contagious disease may not have access to the civil service career system. The Committee requests the Government to supply detailed information on the application of the abovementioned provisions and to indicate the steps taken or contemplated to guarantee that there is no discrimination with regard to HIV/AIDS with respect to both access to and maintenance of employment, especially in the public sector.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the clarification supplied by the Government to the effect that there have been no official discussions within the Higher Labour Council regarding the formulation of a policy on equal opportunities for women. The Committee also notes the awareness-raising actions undertaken by the National Employment Department designed to identify discriminatory practices in the definition of occupational profiles by enterprises. Furthermore, the Committee notes the vocational training courses developed by the El Salvador Institute for Vocational Training (INSAFORP) for the purpose of better equipping women for the various branches of economic activity, the implementation of the “Comprehensive development of women” programme and the initiatives taken to foster knowledge of national and international standards relating to the protection of women’s labour rights. The Committee, however, notes with concern that illiteracy is still more prevalent among women than men, according to the Government’s report to the Committee on the Elimination of Discrimination against Women in 2007 (CEDAW/C/SLV/7, 19 April 2007, page 36). It also notes that, according to the abovementioned document, gender parity in primary and secondary education had not been achieved either nationally or in rural areas in 2004. The Committee wishes to emphasize that inequalities between boys and girls regarding access to education will be reflected in future in the lack of equality of opportunity and treatment between men and women in respect of employment and occupation. The Committee therefore requests the Government to take the necessary steps to promote equality in access to education for boys and girls and to keep it informed on this matter, and on any initiatives taken to promote the participation of women in the labour market, and the impact thereof.

Sexual harassment. The Committee notes the Government’s indication that one of the responsibilities of the Special Unit for Gender Issues and the Prevention of Discrimination in Employment is to investigate cases of violence or sexual harassment against women workers. The Committee requests the Government to supply information on cases of sexual harassment examined by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and the results thereof. The Committee also requests the Government once again to consider adopting specific provisions to guarantee protection against sexual harassment in the workplace in accordance with its 2002 general observation on this subject, and to provide information on any progress made in this respect.

Article 3. Dissemination of labour rights. With reference to its previous request regarding the process initiated by the Government to disseminate information on labour rights, the Committee notes that, together with the general dissemination mechanisms developed by the Directorate-General of Labour Inspection, specific initiatives have been undertaken for the domestic service sector, such as the drawing up, in cooperation with the Directorate-General of Labour, of the document entitled “Know your labour rights and duties”, and for the agriculture and stock-rearing sector, particularly in the form of talks on national and international labour standards. The Committee requests the Government to continue supplying information on the other initiatives taken in the context of this dissemination process, including with regard to the domestic service sector and the agriculture and stock-rearing sector.

Parts III to V of the report form. Labour inspection. The Committee notes the recruitment of 159 new labour inspectors in order to strengthen the inspection service, particularly in agriculture. The Committee also notes the “Specialist training programme” and the “Staff training programme”, which are designed to reinforce the skills and knowledge of inspectors. The Committee requests the Government to continue supplying information on actions taken to strengthen the technical and operational capacity of the labour inspectorate and to indicate the specific measures taken for providing inspectors with training on the subject of discrimination.