EU Statement - 113th ILC - Committee on Application of Standards - El Salvador - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (ratification: 2006)
European Union
Statement
International Labour Conference
113th session
Geneva, 2-13 June 2025
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Committee on Application of Standards
El Salvador
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (ratification: 2006)
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Geneva, 6 June 2025
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International Labour Conference
113th Session
Geneva, June 2025
Committee on the Application of Standards
El Salvador
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Chair.
I have the honour to speak on behalf of the European Union and its Member States.
The candidate countries North Macedonia, Montenegro, Albania, Ukraine, Republic of Moldova, Bosnia and Herzegovina* and the EFTA country Norway member of the European Economic Area align themselves with this statement.
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The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
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The EU and El Salvador have established a close relationship based on the Association Agreement between the EU and central America which includes three main pillars: political dialogue, cooperation and trade. Through this agreement, the EU and El Salvador have also committed to effectively implement the fundamental ILO Conventions.
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The Committee of Experts has repeatedly emphasised the importance of reforming penalties for anti-union discrimination in order to ensure their deterrent effect. We acknowledge El Salvador’s efforts to address these concerns through Legislative Decree No. 519 of 31 October 2022. It is crucial, however, that any legislative amendment leads to tangible results. We take note of the information provided by the Government about the fines imposed for acts of anti-union discrimination for 2024.
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We regret that the Government continues to exclude municipal workers from the protections of the Labour Code, failing to guarantee adequate protection against anti-union discrimination for this category of workers. While we note the Government’s response indicating that alternative complaint mechanisms exist for municipal workers, as well as its further clarifications about recent labour inspections, we reiterate the call of the Committee on Freedom of Association and the Committee of Experts for the adoption of all appropriate measures. This includes the need for legislative amendment, decided upon consultation with representative social partners from the sector, to ensure that municipal staff have access to effective protection against acts of anti-union discrimination.
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We acknowledge the establishment of a technical round table to discuss reforms to the Labour Code aimed at addressing the Committee’s long-standing concerns and ensuring full conformity of national legislation with Articles 2, 4, and 6 of Convention No. 98. We endorse the Committee’s request for comprehensive information on the current status of these discussions, as well as detailed clarification regarding the employers’ and workers’ organisations participating in the consultation process. We hope to observe concrete progress in the near future and call for meaningful tripartite social dialogue within the Higher Labour Council to resolve all pending issues.
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According to ILOSTAT data, the coverage rate for collective bargaining in El Salvador was 4.6 per cent in 2018. We take note of the agreements registered in the period 2022-2024 when 20 new collective agreements have been signed in the public sector and 35 in the private sector. We urge the Government to build on this trend and address the low coverage rate which, according to the Committee, may stem from the restrictive requirements set forth by the legislation on collective bargaining.
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Finally, we recall the serious concerns regarding Convention No. 87 on freedom of association, as discussed during the 2024 Conference Committee and we reiterate the Committee’s call for the immediate cessation of all acts of violence, threats, persecution, stigmatisation, intimidation, or any other forms of aggression directed at individuals or organisations in connection with the exercise of legitimate trade union activities and the activities of employers’ organisations. We urge the Government to take all necessary measures to prevent any recurrence of such acts.
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The EU and its Member States remain committed to constructive engagement with El Salvador and encourage the Government to further strengthen its cooperation with the ILO, social partners, and the international community in order to fulfil its obligations under ratified conventions.
Thank you, Chair.
*North Macedonia, Montenegro, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.