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Labor Obligations Confer on Workers, But El Salvador’s System Falls Short
A new report from Human Rights Watch highlights the obstacles faced by workers in El Salvador seeking to exercise their fundamental right to form a union and fight for better working conditions.
Union Registration Challenges
The Ministry of Labor and the Labor Directorate have been accused of siding with employers, often accepting company documents over worker testimony and refusing to recognize union registrations. In one high-profile case, a private company presented confessions from workers claiming they did not attend a union founding assembly, despite allegations that these confessions were coerced.
Coercion and Intimidation
Similarly, the Ministry of Labor accepted documents from another private company claiming that union leaders and members had voluntarily resigned during an organizing drive, despite allegations that they were coerced into signing blank sheets of paper. The ILO Committee on Freedom of Association has criticized El Salvador’s government for failing to address these allegations and allowing employers to block union establishment.
Challenges in Seeking Justice
The report also highlights the difficulties workers face in seeking justice through the labor court system. Workers must present a minimum of two witnesses to support their cases, but finding willing and able witnesses can be extremely difficult due to lack of whistleblower protection and fear of employer retaliation. In one case, an employee was instructed by her employer’s head of human resources not to testify on behalf of a co-worker or face dismissal.
Enforcement Issues
Even when workers successfully fulfill the procedural requirements and a judgment is rendered in their favor, enforcement can be elusive. The report highlights cases where employers have failed to pay owed severance pay and annual bonuses, with some workers still waiting for payment months after a court judgment was issued.
Recommendations
Human Rights Watch has made several recommendations to the El Salvadoran government to address these concerns:
- Streamline union registration requirements: Reduce the mandatory minimum number of workers required to form a union.
- Implement ILO recommendations on union registration: Eliminate the requirement that six months pass between workers’ applications to establish a trade union.
- Allow industry-wide unions in independent public institutions.
- Require immediate reinstatement of fired or suspended union leaders, unless prior judicial authority verifying just cause was obtained.
- Provide whistleblower protection for workers who report labor violations.
- Ensure effective enforcement of court judgments and penalties for employers who fail to comply with labor laws.
The organization is calling on the government to take concrete steps to protect workers’ human rights and ensure that they are able to exercise their fundamental right to form a union and fight for better working conditions without fear of retaliation.