The Salvadoran Labor Code (Código de Trabajo) provides the legal framework for the termination of employment contracts in El Salvador. It's essential for both employers and employees to understand these regulations.

Lawful Grounds for Dismissal

Employers can lawfully terminate an employment contract only for specific reasons as outlined in Article 50 of the Labor Code. These grounds include:

• Employee Misconduct:
  • Repeated negligence or disobedience
  • Dishonesty or acts of violence against the employer or coworkers
  • Revealing company secrets
• Economic or Organizational Reasons:
  • Economic necessity, business closure, or force majeure

Notice Requirements

The Labor Code mandates specific notice periods for termination, depending on the grounds for dismissal:

• Dismissal with Cause: Employers do not need to provide advance notice if the termination is due to employee misconduct.
• Dismissal without Cause: If the termination is due to economic reasons or force majeure, the notice period varies based on the length of employment:
  • Under six months of service: 15 days notice
  • Between six months and one year: 30 days notice
  • Over one year: 60 days notice

Severance Pay

Employees in El Salvador are entitled to severance pay when their employment is terminated without a just cause outlined in Article 50 of the Labor Code. Severance pay is calculated as follows:

• 30 days of salary for each year of service

If a labor court deems a dismissal unjustified, the employee is also entitled to compensation for the period between the dismissal and the court's resolution.

Important Notes:

• Employees can also resign from their positions. If they do so, they must provide written notice but are not entitled to severance pay.
• Fixed-term contracts terminate automatically at the end of the agreed period and do not require severance payments.

El Salvador has laws in place to prevent discrimination and ensure equality. These laws cover a range of protected characteristics, including sex/gender, race, disability, age, health status, pregnancy, religion/belief, language, and political affiliation.

Protected Characteristics

El Salvador's laws prohibit discrimination on the following bases:

• Sex/Gender: Discrimination based on one's sex, gender identity, and sexual orientation is prohibited.
• Race: The law recognizes racial and ethnic minorities and outlaws discrimination on this basis.
• Disability: Discrimination against individuals with disabilities is not allowed.
• Age: Individuals are protected from age-based discrimination.
• Health Status: Discrimination based on health status, including HIV/AIDS, is unlawful.
• Pregnancy: The law prohibits discrimination against pregnant women.
• Religion/Belief: Individuals are protected from discrimination due to their religious affiliation or belief system.
• Language: The law prohibits discrimination based on an individual's language.
• Political Affiliation: Discrimination due to political opinions is not allowed.

Redress Mechanisms

El Salvador provides several avenues for those who have experienced discrimination:

• Labor Courts: Employees who believe they have faced workplace discrimination can file complaints with specialized labor courts.
• Salvadorian Institute for Women's Development (ISDEMU): This governmental body addresses gender-based discrimination and assists in resolving complaints and advocating for equal rights.
• The Human Rights Ombudsman (Procuraduría para la Defensa de los Derechos Humanos): This institution has the authority to investigate and address complaints about human rights' violations and discrimination.

Employer Responsibilities

Employers in El Salvador have certain responsibilities to prevent discrimination:

• Equal Treatment: Employers must treat all employees and job applicants without discrimination based on the protected characteristics.
• Prevention Policies: Employers must create and implement workplace policies and practices that prevent all forms of discrimination.
• Complaint Mechanisms: Employers must establish procedures to address and investigate complaints of discrimination within the workplace.
• Awareness & Education: Employers are required to provide diversity and anti-discrimination education and training to employees to promote a respectful and inclusive work environment.

El Salvador has set legal standards for working conditions, which include regulations on work hours, rest periods, and ergonomic requirements. However, the enforcement of these standards can sometimes be weak.

Work Hours

The legal workweek in El Salvador is 44 hours, spread over 6 days, with each day consisting of 8 hours of work. Overtime work is allowed but with certain limitations. Workers cannot be forced to work overtime, and there is a cap on overtime hours. However, it's worth noting that certain sectors, such as agriculture, may have different work hour regulations.

Rest Periods

In terms of rest periods, workers are entitled to a minimum rest period of one hour during the workday. Additionally, workers must receive at least one uninterrupted rest day per week, which is typically on Sunday.

Ergonomic Requirements

El Salvador has also implemented ergonomic regulations to prevent work-related musculoskeletal disorders. These regulations require employers to ergonomically assess workstations to identify potential hazards. Employers are also required to provide workers with ergonomic equipment like chairs and workstations that promote proper posture. Furthermore, they must offer training to workers on proper lifting techniques and body mechanics to minimize strain. However, specific details on these regulations are scarce online, and further research into Salvadoran labor codes or consultations with legal experts familiar with El Salvador's labor laws may be necessary for a more comprehensive understanding.

El Salvador prioritizes worker well-being through a framework of health and safety regulations. These regulations outline the responsibilities of employers, empower employees, and designate enforcement bodies to ensure a safe work environment.

Employer Obligations

The General Law on Risk Prevention in the Workplaces of El Salvador imposes several obligations on employers. These include:

• Risk Prevention Programs: Establish and implement Occupational Risk Prevention Management Programs to identify and mitigate workplace hazards.
• Safe Work Environment: Provide a safe work environment free from foreseeable risks to workers' health and safety.
• Personal Protective Equipment (PPE): Furnish employees with necessary PPE and ensure proper training on its use.
• Health Surveillance: In certain high-risk occupations, employers may be required to implement health surveillance programs to monitor workers' health.

Employee Rights

Salvadoran workers have the right to a safe and healthy work environment. Key employee rights enshrined in law include:

• Right to Information: Employees have the right to be informed about potential workplace hazards and the corresponding preventive measures.
• Refusal of Unsafe Work: Workers have the right to refuse work they believe poses a serious risk to their health or safety, without fear of retribution.
• Participation in Safety Programs: Employees have the right to participate in the development and implementation of occupational risk prevention programs.

Enforcement Agencies

The Ministry of Labor and Social Welfare is the primary agency responsible for enforcing health and safety regulations in El Salvador. This enforcement is carried out through the General Directorate of Labor Inspection and the General Directorate of Social Welfare.