Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. Right of workers’ organizations, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee recalls that under article 47 of the Constitution of the Republic, public officials and public employees did not enjoy the right to establish organizations. The Committee notes with satisfaction the amendment of article 47 of the Constitution by Decree No. 33 of June 2009, which establishes that employers and workers in the private sector, without distinction as to nationality, sex, race, creed or political persuasion, and whatever their activity or the nature of the work they perform, have the right freely to associate in order to defend their respective interests, forming occupational associations or unions; the same right is given to workers of autonomous official institutions, public officials and employees and municipal employees. The Committee has furthermore been informed that legal personality was recently granted to the Union of Men and Women Workers of the Judicial Body (SITTOJ), the Union of Judiciary Employees of El Salvador (SINEJUS), and to unions of workers in education, ministries and municipalities.

As regards other issues relating to article 47 of the Constitution and other legislative matters, including the exclusion of certain categories of public employees from the right to organize, the Committee is addressing a request directly to the Government.