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Minimum Wage Fixing Convention, 1970 (No. 131) - El Salvador (Ratification: 1995)

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

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The Committee notes the observations of the Trade Union Confederation of Workers of El Salvador (CSTS), received on 17 May 2023.
Article 1 the Convention. Coverage of all groups of wage earners. The Committee notes that, in its observations, the CSTS indicates that the National Minimum Wage Council (CNSM) has so far not issued a specific minimum wage for domestic workers, a situation which in many cases exposes such workers to exploitation. The Committee requests the Government to provide its comments in this regard.
Article 4(2). Full consultation with the social partners. Functioning of the National Minimum Wage Council (CNSM). Further to its previous comment, the Committee notes the Government’s indication in its report, with reference to the information supplied by the Supreme Court of Justice (CSJ), that the unconstitutionality proceedings referred to by the National Business Association and the International Organisation of Employers (IOE), were found inadmissible in 2021 by the CSJ. The Government also indicates that the representatives of employers consulted to determine the minimum wage increase in 2021 did not support its increase. The Committee observes that, in the context of supervising the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the matter of nominating representatives of the social partners to the various social dialogue bodies, including the CNSM, is being examined. The Committee notes the June 2023 discussions in the Conference Committee on the Application of Standards regarding the application of Convention No. 144, during which reference was also made to this matter. The observations of the IOE received on 10 November 2022 on this same Convention contain allegations that its representatives on the CNSM had still not been nominated, four months after being elected. The Committee requests the Government to provide its comments in this regard. It also refers to its comments on the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1, 2, 3 and 5 of the Convention. Minimum wage fixing system. Binding nature of minimum wages. Criteria for reviewing minimum wage levels. Application in practice. The Committee notes the information provided by the Government in its report in response to its previous comments on these issues.
Article 4(2). Full consultation with the social partners. Functioning of the National Minimum Wage Council (CNSM). The Committee observes that, in the context of supervising the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the issue of nominating representatives of the social partners to the various social dialogue bodies, including the CNSM, is being examined. The Committee notes the June 2018 discussions in the Conference Committee on the Application of Standards regarding the application of Convention No. 144, during which reference was also made to this issue. In its report on this Convention, received in August 2018, the Government indicates that the National Business Association (ANEP) has been nominated and participates in decision-making in the CNSM. In their joint observations on the Convention, received on 11 September 2018, the ANEP and the International Organisation of Employers (IOE) indicate that they have appealed to the Supreme Court of Justice to request that the CSNM election be voided. The ANEP and the IOE state that the election was conducted on the basis of instructions issued by the Ministry of Labour, which would not be in conformity with the relevant legislation. They add that the Supreme Court of Justice is still considering their appeal.The Committee requests the Government to provide its comments in this respect. It also refers to its observation on the application of Convention No. 144.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1, 2, 3 and 5 of the Convention. Minimum wage fixing system. Binding nature of minimum wages. Criteria for reviewing minimum wage levels. Application in practice. The Committee notes the information provided by the Government in its report in response to its previous comments on these issues.
Article 4(2). Full consultation with the social partners. Functioning of the National Minimum Wage Council (CNSM). The Committee observes that, in the context of supervising the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the issue of nominating representatives of the social partners to the various social dialogue bodies, including the CNSM, is being examined. The Committee notes the June 2018 discussions in the Conference Committee on the Application of Standards regarding the application of Convention No. 144, during which reference was also made to this issue. In its report on this Convention, received in August 2018, the Government indicates that the National Business Association (ANEP) has been nominated and participates in decision-making in the CNSM. In their joint observations on the Convention, received on 11 September 2018, the ANEP and the International Organisation of Employers (IOE) indicate that they have appealed to the Supreme Court of Justice to request that the CSNM election be voided. The ANEP and the IOE state that the election was conducted on the basis of instructions issued by the Ministry of Labour, which would not be in conformity with the relevant legislation. They add that the Supreme Court of Justice is still considering their appeal. The Committee requests the Government to provide its comments in this respect. It also refers to its observation on the application of Convention No. 144.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 4 of the Convention. Minimum wage fixing machinery and obligation to consult the social partners. Further to its previous comment, the Committee notes the adoption of Executive Decrees Nos 54, 55, 56 and 57 of 6 May 2011 which set the new minimum daily and monthly wage rates for the main sectors of activity including agriculture; coffee, sugar cane and cotton harvesting; trade, services, industry; and textile. It notes that these rates range from US$224 for the commerce and services sector to US$97.20 for agriculture. The Committee requests the Government to continue to provide all available information on the manner tripartite consultations are conducted within the National Minimum Wage Council (CNSM).
Article 2(1). Binding force of minimum wages. Further to its previous comment regarding lower minimum wage rates for apprentices, the Committee notes the Government’s indication that the new draft legislation regulating apprenticeship contracts has not yet been adopted. The Committee recalls that persons covered by apprenticeship contracts should only be paid at a differentiated rate in cases where they receive actual training during working hours at the workplace. It also recalls that the quality and quantity of the work carried out – and not the worker’s age or relative experience – should be the decisive factor in determining the amount of the wage paid. The Committee requests the Government to keep the Office informed of any developments in this respect and to provide a copy of the new law on apprenticeship contracts once it is adopted.
Article 3. Criteria for reviewing minimum wage levels. The Committee notes that according to data published in the 2010 Household Survey published by the General Directorate of Statistics and Censuses (DIGESTYC), the estimated cost of the basic food basket in urban areas was US$168 per month and US$118 per month in rural areas. The Committee observes that with the exception of the commerce, services and industrial sectors, the current minimum wage rates are insufficient to cover the cost of the basic food basket. In addition, the Committee notes that according to the statistical information provided by the Government in its report concerning the evolution of real and nominal wages in the last 13 years, the real wage of workers in the commerce, services and industrial sectors in 2010 was inferior to that of 1998 while the wage of workers in the maquilla industry lost 17 per cent of its purchasing power between 1998 and 2007. Moreover, the Committee notes the concluding observations of the UN Committee on the Economic, Social and Cultural Rights (see document E/C.12/SLV/CO/2, 27 June 2007, paragraph 12), in which it expressed its concern at the insufficient level of the minimum wage that does not allow workers and their families to live adequately in accordance with Article 7 of the Covenant. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to ensure that the periodical adjustment of minimum wage levels is based on an objective and reasonable calculation of all the different needs of workers and their families mentioned in section 146 of the Labour Code (food, housing, health, education, clothing) and also on economic considerations that are substantive and pertinent.
Article 5 and Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the number of infringements reported and the amount of fines imposed for failure to comply with the minimum wage legislation during the period 2007–11. The Committee would be grateful if the Government would continue providing detailed information on the application of the Convention in practice, such as, for instance, inspection results, particularly in the agricultural sector where the payment of wages at sub-minimum rates is more frequent, copies of official publications, such as activity reports of the CNSM, and statistical data on the evolution of minimum wage rates in recent years as compared to the evolution of economic indicators, such as the inflation rate.

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

The Committee notes the information provided in the Government’s report in response to its previous comments. It would, however, like to receive further information on the following points.

Article 1, paragraph 1, and Article 4 of the Convention. Wage-fixing system and obligation to consult the social partners. The Committee notes the Government’s explanations to the effect that the National Minimum Wage Council (CNSM) undertakes to ensure the broadest consultations possible, through forums held to review minimum wage rates, such as the “Forum of Solidarity for Employment”, which took place in 2003 with the participation of a large number of trade union and employers’ organizations, associations, civil society representatives and research institutes. The Committee requests the Government to provide additional information on the results of such initiatives in practice and on the way in which it is ensured that the analyses and claims of the social partners, expressed during these consultations, are really taken into consideration, in a direct and effective manner, in the work of the CNSM.

With regard to the time frame for the revision or possible adjustment of minimum wage rates, the Committee notes that, according to the Government’s explanations, the minimum wages fixed by Decrees Nos. 46 and 47 of 1998 have never been readjusted, and that the decision to maintain these unchanged rates, as reflected in Decree No. 37 of 23 May 2003, was taken at the proposal of the CNSM, in accordance with the technical studies carried out to this effect and the “Forum of Solidarity for Employment”. The Committee hopes that the Government will take all the necessary measures to enable the CNSM to re-examine, in a systematic manner, the minimum wage rates in all the sectors, at least once every three years, as required under section 159 of the Labour Code.

Furthermore, the Committee understands that in August 2006, the CNSM presented a draft executive decree to increase the minimum wage by 10 per cent (from approximately US$156 to US$172) in the main sectors of activity (trade, services, industry, agriculture, and coffee, sugar cane and cotton harvesting) and by 4 per cent (from US$151 to US$157) in the textiles sector. The Government undertook to ensure that this new minimum wage would be applicable from 1 September 2006 and that the prices of products would not increase in an unreasonable and unjustified manner. The Committee asks the Government to keep it informed of any developments in this respect and to provide copies of the relevant texts as soon as they have been adopted.

Several sources of information indicate that the announced increase does not take into proper account the rise in the cost of living and allows workers to cover only a small percentage of their essential needs. In this regard, the Committee requests the Government to specify whether this most recent minimum wage adjustment is based on an objective and reasonable calculation of all of the needs mentioned in section 146 of the Labour Code (food, housing, health, education, clothing) and to provide copies of any official or relevant documents.

Article 2, paragraph 1. Force of law of minimum wages. As regards the payment of a wage below the minimum wage to apprentices, the Committee notes the information concerning the Salvadorian Institute of Vocational Training (INSAFORP) and its various training programmes, such as the “Apprenticeship” programme (AMEC), which last for between six months and two years and which aims to provide young workers with qualifications and experience in real working conditions. The Committee also notes that a bill regulating apprenticeship contracts has been drafted with the support of the National Commission for the Modernization of Labour Law (CONAMOL) with a view to ensuring that apprentices receive effective vocational training during work hours and at the place of work, as would justify – on an exceptional basis – the payment of remuneration below the minimum wage. The Committee asks the Government to provide a copy of the final version of this text as soon as it has been adopted.

Article 5 and Part V of the report form. Further to its previous comments, in which it inquired about the organization and functioning of the inspection system in respect of the effective application of the minimum wage rate, the Committee notes with concern that, according to recent studies, more than 35 per cent of workers receive a wage below the legal minimum wage. In this regard, the Committee reminds the Government that an effective control system with adequate penalties is a fundamental condition for the proper application of current rules relating to minimum wages. The Committee would be grateful if the Government would continue providing detailed information on the application of the Convention in practice, such as, for instance, statistics on the results of inspections carried out – particularly in the agricultural sector or in rural areas where the payment of wages below the minimum wage is more frequent – extracts from reports of official studies, such as CNSM activity reports on the functioning of the minimum wage system, and statistical data on recent changes in minimum wage rates in relation to changes in economic indicators, such as the rate of inflation, during the same period, etc.

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

The Committee notes the Government’s report. It also notes the comments made by the Inter-union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) of 12 September 2002 and the Government’s reply.

Articles 1, paragraph 1, and 4 of the Convention. The Committee notes the Regulations on the organization, functions and operation of the National Minimum Wage Council repealing the previous Regulation of 2 April 1981. Furthermore, the Committee notes the comments of the Inter-union Commission indicating that organizations of agricultural workers were not consulted on the methods used to fix minimum wages, and that the National Minimum Wage Council has not indicated at a national level the methods used to determine minimum wages in agriculture. The trade union organization also contends that the agricultural sector is undergoing a serious crisis, aggravated by the dramatic fall in coffee and sugar prices and the migration of workers abroad. The Government, apart from mentioning the implementation of the Rural Employment Reactivation Programme, provides no information on these comments. The Committee requests the Government to supply this information in its next report.

The Committee also notes that, according to the Government’s report and section 159 of the Labour Code, the National Minimum Wage Council shall review minimum wage rates at least once every three years. The Committee notes, however, the Government’s indication that the current minimum wage rates are those fixed under Decrees Nos. 46 and 47, both dating from 22 April 1998, for seasonal agricultural workers employed in the coffee, cotton and sugar cane harvests and workers in the animal husbandry sector. The Inter-union Commission contends in its observations that minimum wages have been frozen for the past four years. Under these circumstances, the Committee requests the Government to indicate in its next report whether the time frame for the revision of minimum wage rates is respected in practice and, if not, to indicate the measures envisaged to correct this situation.

Article 2, paragraph 1. The Committee notes the observations made by the Inter-union Commission that the Government has the intention to set up rural maquilas in which wage rates will be half the rates of minimum wages in urban areas, allegedly to make rural enterprises more competitive. The Committee notes that the Government made no comments on this issue and, therefore, it requests it to comment on the veracity or otherwise of this information and recalls that, in accordance with this Article of the Convention, minimum wages have the force of law and may not be subject to abatement.

Furthermore, the Committee notes Decree No. 37 of 23 May 2003, which fixes minimum wages in the commercial, industrial, service, textile and apparel sectors. This Decree establishes that, in the textile and apparel sector, an apprentice shall earn 50 per cent of the minimum wage established for the sector in the first year, and no less than 65 per cent of the minimum wage in the second year. The Committee recalls that persons covered by apprenticeship contracts may only be paid at a rate below that of the minimum wage in cases where they receive actual training during working hours at the workplace. This training should enable the apprentice to acquire a skill in a trade or occupation. The Committee also recalls that objective criteria should be used to determine the minimum wage, such as the quality and quantity of work, and requests the Government to indicate the measures adopted to ensure that apprentices actually receive training and that any abatement in their wage is in proportion to the training received. The Committee also requests the Government to indicate whether it consulted workers’ and employers’ organizations prior to establishing abatements in the minimum wages for apprentices in the textile and apparel sectors.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government on the system for inspection and sanctions established by law to punish violations of labour laws. The Committee notes that, according to the Government’s report, the Agricultural Inspection Department had been reinstated, that 193 inspections have been carried out, and that three cases of minimum wage violations have been reported. The Committee notes, however, that the Inter-union Commission denounces the Government’s lack of interest in carrying out inspections in the agricultural sector. In this respect, the Committee requests the Government to provide fuller information on the application of the Convention in practice, in particular, statistics on the inspections carried out during the period covered by the report (for example, the number of violations reported, the sanctions imposed, etc.) in the various branches of activity, including the agricultural sector.

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

The Committee notes from the Government’s report that, by Decrees Nos. 46, 47, and 48 of 22 April 1998, the minimum salary rates were revised for agricultural workers, seasonal workers in agricultural undertakings, as well as workers employed in the commerce, industry and services sectors. The Committee also notes that due to the problems occasioned by the tropical storm "Mitch", it was agreed by representatives of the sectors concerned not to increase the minimum wages of the workers employed in the coffee, sugar cane and cotton harvest in order to lessen the strain on the affected agricultural undertakings. The Committee requests the Government to continue supplying information on the adjustment of minimum wage rates and the evolution of the situation with respect to wage levels in the coffee, sugar cane and cotton industry.

In addition, the Committee asks the Government to provide, in accordance with Part V of the report form, all available information on the effect given in practice to the Convention, including for instance full particulars on the labour inspections carried out as from May 1998 in order to ensure compliance with minimum wage legislation (e.g. the number and nature of violations of minimum wage provisions observed, the sanctions imposed, etc.) and any other relevant data.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the detailed information supplied in the Government's first report. It requests the Government to provide supplementary information on the following points.

Point V of the report form. The Committee notes that the annexes referred to by the Government in its report have not been received. It requests the Government to supply information on the statistics available regarding workers paid minimum salaries as well as general indications of the manner in which the Convention is applied in the country, for instance, by supplying extracts from inspection services' reports and by indicating the number and nature of offences recorded, sanctions imposed, etc.

The Committee also requests the Government to continue to supply information on the minimum wage rates in force.

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