National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comments under Convention No. 81: Direct request and observation.
Previous comment under Convention No. 129: Direct request.
Previous comment under Convention No. 150: Direct request.
Repetition Article 4 of the Convention. Organization of the central labour administration authority. The Committee notes with interest that as part of the strengthening of labour administration systems under the Ministry of Labour and Social Welfare (MTPS), units have been set up for public information, legal services, gender equality and cooperation, inter alia.The Committee asks the Government to provide information on the duties assigned to these units, and on the impact of their establishment on the running of the labour administration system and the coordination required to ensure their effective operation.Article 5. Consultation, cooperation and negotiation between the public labour administration authorities and employers’ and workers’ organizations. Further to the Committee’s previous comments, in which it requested that the Government send copies of any reports, or extracts of reports of the work of the tripartite or multipartite bodies, the Government states that it does not have any reports or extracts of reports on the work of these bodies, because they have no worker representation at the moment and it is impossible to convene them whilst there is no established quorum.The Committee asks the Government to ensure that the necessary measures are adopted to appoint representatives from the workers’ organizations to the abovementioned tripartite and multipartite bodies, in particular to the Higher Labour Council, with a view to guaranteeing the application of Article 5(1) of the Convention. In this respect, the Committee also refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee asks the Government once again to specify whether consultations, cooperation and negotiations are guaranteed at the regional or local level in the various sectors of economic activity. Article 6. Impact of the implementation of the MTPS’s five-year strategic plan on the running of the labour administration system. In relation to the Committee’s previous comments on the MTPS’s five-year strategic plan, the Government specifies that it aims to: (i) amalgamate the functions of the labour inspection and occupational safety and health services; (ii) strengthen occupational safety and health at the workplace; (iii) establish inter-institutional linkages and management of national and international cooperation with respect to occupational safety and employment; and (iv) develop strategies to foster labour relations at the national and international level, including in the area of equal opportunities, with a focus on gender issues among young people, the disabled, senior citizens and heads of households.The Committee asks the Government to provide information on the MTPS’s five-year strategic plan in force for the period covered by its next report, indicating its objectives, main lines of action, activities developed to achieve these objectives and their repercussions, in particular with respect to labour protection; employment and professional training; and industrial relations. Article 10. Human resources and material means of the labour administration system. 1. Human resources. The Committee notes with interest that the Bill on public administration is under examination. This will replace the Civil Service Act. Its aim is to modernize the state administration and improve staff selection procedures. The Committee also notes in the MTPS’s activities report, Boletín, of 30 July 2012, enclosed with the Government’s report, that 480 employees of the MTPS now come under the purview of the Wages Act. There are now 804 positions in the system and only 55 high-level employees, whose duties are of a highly confidential nature, are engaged under a contract.The Committee asks the Government to specify whether the labour administration staff governed by the Wages Act are also governed totally by the Civil Service Act and are incorporated into the administrative career path. The Committee also asks the Government to inform it of the progress in relation to the adoption of the Bill on the public administration and to send a copy of it once it has been adopted.2. Training. In connection with the Committee’s previous comments on in-house training for labour administration staff, the Government refers to the training programme on implementing comprehensive labour inspections. This was organized for staff in the labour inspectorate and occupational safety and health sector, and was held between November 2010 and March 2011 in the context of the project to strengthen labour inspection services, known as ILO/PROFILE. This programme consisted of five modules: labour inspection, occupational safety and health, international labour standards, equal opportunity and treatment in employment, and the drafting of technical reports and minutes. The Government also points out that, between 2009 and 2013, training programmes on HIV were conducted for the MTPS staff at national level and on individual and collective labour disputes.The Committee asks the Government to continue sending information on the training provided to labour administration staff at both the national, regional and local levels (stipulating the subjects covered, duration, number of participants by category, the regional and/or local offices involved, as well as the training institution), and the results achieved with respect to the objectives contained in the Convention.3. Material means. Taking note of the budgetary resources allocated to the MTPS in 2012, the Committee asks the Government to provide information – broken down by regions as far as possible – on the material resources, including transport facilities, granted to labour administration staff to enable them to carry out their duties effectively. The Committee also asks the Government to state whether the acquisition of material resources (computer equipment and vehicles) as part of the Free Trade Agreement (FTA) between the Dominican Republic, Central America and the United States, to which it referred in its previous report, in particular the establishment of a “call centre”, have had an impact on the functions of the labour administration.
The Committee notes the Government’s report received at the ILO on 6 November 2009.
Reform of the labour administration and labour inspection system. The Committee refers in part in this connection to its observation on Convention No. 81, in which it refers to regional project RLA/07/04M/USA to strengthen labour administration systems and the implementation of a reform to take account of the recommendations made in this context, particularly as concerns labour inspection. It notes from the Government’s report under the abovementioned Convention that the Ministry of Labour and Social Welfare (MINTRAB) has produced a five year strategic plan covering the fields of labour and employment, occupational safety and health, the working environment, social welfare, vocational training, social security and cooperatives. The Committee would be grateful if the Government would provide details on the objectives of the abovementioned five year strategic plan and the measures taken to attain them, and on the impact of these measures on the organization and running of the labour administration system.
Noting that the purpose of restructuring the labour administration is to improve its operation in particular by a closer coordination of tasks and responsibilities within the DGIT, the Committee asks the Government to provide detailed information on the coordination in practice between the central services of MINTRAB and its external services, and between MINTRAB and the other bodies of the labour administration system (Article 4 of the Convention).
Article 5. Tripartite consultation, cooperation and negotiation within the system of labour administration. Having noted in earlier comments the tripartite structure of the Higher Labour Council and of the National Minimum Wages Council, the Committee further notes, in the Government’s report, the fresh information concerning the tripartite composition of the governing boards of certain institutes, including the Salvadorian Social Security Institute (ISSS); the Salvadorian Vocational Training Institute (INSAFORP); the Social Fund for Housing (FSV); the Institute for the Development of Cooperatives in El Salvador (INSAFCOOP); the National Institute of Public Service Pensions (INPEP); and the Fund for Persons with Disabilities (FPLD). It also notes that the Council for Economic and Social Affairs, established in 2009, is composed of a variety of representatives of Salvadorian society as well as representatives of the Government and employers’ and workers’ organizations. It further notes the information supplied in the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155), to the effect that the Tripartite National Committee on Occupational Safety and Health (CONASSO) contributed to the preparation of the National Occupational Safety and Health Policy, adopted by Implementing Agreement No. 93 of 5 June 2006 and published in Official Journal No. 117, volume 371, 26 June 2006. The Committee also notes from the Government’s report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the Higher Labour Council issued an opinion during the preparatory work on the General Act on the Prevention of Risks at the Workplace (LPTR) carried out by the Parliamentary Labour Committee, and contributed to the preparation of the Decent Work Country Programme. While noting these developments with interest, the Committee would be grateful if the Government would send copies of any reports, or extracts of reports of the proceedings of the abovementioned tripartite or multipartite bodies, and would continue to provide information on the impact of their work on developments in the law or practice pertaining to the areas covered by the National Labour Policy.
It again asks the Government also to indicate whether there have been any consultations, negotiations or tripartite cooperation at regional or local level or in the various sectors of economic activity and, if not, whether measures have been taken to encourage them.
Article 7. Extending the functions of the system of labour administration to include activities of workers who are not, in law, employed persons. The Committee would be grateful if the Government would indicate whether it plans to take measures gradually to extend certain functions of the system of labour administration to the workers who are not employed persons referred to in clauses (a), (b) and (d) of this Article and to keep the Office informed of any developments in this regard.
Article 10. Material resources, qualifications, status and conditions of service of labour administration staff.
Material resources for labour administration staff. The Committee notes with interest the information on the increase in MINTRAB’s budgetary resources and its impact on the logistic and material means available to it, particularly the transfer of MINTRAB’s central offices to a new building, the purchase of furniture and office equipment office supplies, and the improvement of transport facilities. It also notes that measures are under way to acquire computer equipment and vehicles, to set up a call centre and an electronic system for the registration of inspection visits (sistema electrónico de casos) as part of the Free Trade Agreement between Central America, the United States and the Dominican Republic (CAFTA-DR).
Qualifications, status and conditions of service of labour administration staff. The Committee notes that following the recommendations made in the course of the MATAC/ILO project on the recruitment, composition, status and conditions of service of labour administration personnel, MINTRAB’s human resources department now comprises sections for recruitment, supervision of qualifications and in-house training for staff. In particular, the Committee notes with interest the information that psychometric tests are used in recruiting new staff along with methods for assessment in the course of employment of staff members’ skills in performing certain duties of labour administration. The evaluation of the skills of administrative, technical and management staff was entrusted to external auditors in 2006–09 with a view to drawing up an annual training plan. The Committee also notes that according to the Government, the information handbook to welcome new MINTRAB staff has now been updated.
The Committee notes that, according to the Government, amendments to the Public Service Act were introduced by Legislative Decree No. 78 of 24 August 2006 concerning the training of public employees. The Committee would be grateful if the Government would provide a copy of the text of the abovementioned decree and indicate whether it governs all staff of the labour administration system and, if not, provide information on the different regulations governing the status of labour administration staff (permanent and contract employees), including on their remuneration and conditions of service.
The Government is also asked to provide information on the training provided for such staff in the course of employment (subjects covered, frequency, duration, participation, etc.) in the period covered by the next report.
The Committee would be grateful if the Government would continue to provide information on the material resources and transport facilities available to labour administration personnel and to inform the ILO of the results of the measures taken in the context of the CAFTA-DR.
Part III of the report form. The Committee would be grateful if the Government would indicate whether the ordinary courts or any other courts have issued rulings on matters of principle pertaining to the application of the Convention. If so, the Government is asked to provide a copy of such decisions or extracts therefrom.
Part IV of the report form. The Committee would be grateful if the Government would make any comments it deems useful on the manner in which the Convention is applied, providing, for example, extracts from reports, or other periodic information, produced by the main bodies of the labour administration system and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158).
The Committee notes the information communicated by the Government in reply to its previous comments and would be grateful if it would provide further information on the following points.
Article 5 of the Convention. The Committee would be grateful if the Government would state whether bodies other than the Higher Labour Council and the National Council on Minimum Wages exist in which cooperation and negotiations between the authorities and the most representative employers’ and workers’ organizations take place at regional and local levels in the various sectors of economic activity.
Article 7. The Committee hopes that the Government will not fail to communicate in the near future its conclusions as to whether it would be desirable to have a gradual extension of certain functions of the system of labour administration to non-wage workers, such as those referred to in paragraphs (a), (b) and (d) of this Article.
Article 10. The Committee again requests the Government to describe the material means at the disposal of the staff of the labour administration system for the performance of its duties. It would also be grateful if the Government would state whether the recommendations of the MATAC/ILO project with regard to the recruitment, composition, status and conditions of service of labour administration staff have been well received and provide a copy, if appropriate, of any relevant text which has been adopted.
The Committee notes the Government’s first report and the report on the activities of the Ministry of Labour and Social Welfare for the period from June 2001 to May 2002. It also notes Decree No. 682 of 1996 on the organization and functions of the Ministry of Labour and Social Welfare; Act No. 554 of 1993 on vocational training; Social Security Act No. 1263 of 1953; Act No. 560 of 1969 establishing the Salvadorean Institute for Cooperative Development; Decree No. 24 of 1989 regulating the Executive Body and Decree No. 69 of 1994 regulating the Higher Labour Council.
Article 4 of the Convention. The Committee requests the Government to indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.
Article 5. The Committee would be grateful if the Government would indicate the arrangements made at the regional and local levels to ensure cooperation and negotiation between the public authorities and the organizations of employers and workers, or, where appropriate, employers’ and workers’ representatives.
Article 7. The Committee requests the Government to indicate whether it deems that the national conditions require the gradual extension of the functions of the system of labour administration to the categories of workers envisaged in (a), (b) and (d) and, where appropriate, to indicate the measures taken to this end.
Article 10. The Committee requests the Government to describe the material means at the disposal of the staff of the labour administration system and to provide information on the action taken on the recommendations of the MATAC/ILO project with regard to the recruitment, composition, status and conditions of service of the labour inspectorate staff, and provide a copy of any relevant texts or documents.