2015 ITUC Global Rights Index - El Salvador

2015 ITUC Global Rights Index Rating: 3

During 2014 and 2015, the municipal authorities of Apopa and San Martín prohibited the distribution of trade union bulletins at work, obliging workers to do so outside of working hours. Trade union representatives were also sanctioned for wearing the trade union shirt in the Municipality of San Martín. Both local authorities refused to continue with collective bargaining negotiations and to give trade union leave.

The self-employed and informal workers' unions Sindicato de Trabajadores Vendedores Independientes de Sonsonate and the Sindicato de Trabajadores y Vendedores Independientes de El Salvador came under systematic attack. Young people, adults and the elderly had their goods confiscated by the metropolitan police on the orders of the Municipal Councils of Sonsonate and Ahuachapan. The unions are not protected by the Labour Ministry or any other state body; complaints through such channels are not therefore taken on board. The rulings of the Human Rights Ombudsman are not binding. As a result, the municipalities do not give self-employed and informal workers the importance they deserve, and the Public Prosecution Service of the Republic does not apply the law. In addition, the National Civil Police often supports the evictions and the confiscation of goods.

During 2014 and 2015, the use of criminal gangs to stop labour and trade union disputes was intensified. Employers who are, in principle, intimidated by the gangs to extort money from them, are creating alliances to threaten and attack trade union leaders and to force trade unionists to renounce their legitimate aspirations. This practice is particularly widespread in the manufacturing sector.

The ITUC Global Rights Index Ratings:

1 // Irregular violation of rights
Collective labour rights are generally guaranteed. Workers can freely associate and defend their rights collectively with the government and/or companies and can improve their working conditions through collective bargaining. Violations against workers are not absent but do not occur on a regular basis.

2 // Repeated violation of rights
Countries with a rating of 2 have slightly weaker collective labour rights than those with the rating 1. Certain rights have come under repeated attacks by governments and/or companies and have undermined the struggle for better working conditions.

3 // Regular violation of rights
Governments and/or companies are regularly interfering in collective labour rights or are failing to fully guarantee important aspects of these rights. There are deficiencies in laws and/or certain practices which make frequent violations possible.

4 // Systematic violation of rights
Workers in countries with the rating 4 have reported systematic violations. The government and/or companies are engaged in serious efforts to crush the collective voice of workers putting fundamental rights under threat.

5 // No guarantee of rights
Countries with the rating of 5 are the worst countries in the world to work in. While the legislation may spell out certain rights workers have effectively no access to these rights and are therefore exposed to autocratic regimes and unfair labour practices.

5+ // No guarantee of rights due to the breakdown of the rule of law
Workers in countries with the rating 5+ have equally limited rights as countries with the rating 5. However, in countries with the rating 5+ this is linked to dysfunctional institutions as a result of internal conflict and/or military occupation. In such cases, the country is assigned the rating of 5+ by default.