LRI 2022 El Salvador - CLR

EL SALVADOR

2022 Score

61.5

Stagnant

2020 Score

61.5

Rating

Limited Access to
Decent Work

Fair
Wages

100

Decent
Working Hours

60

Employment
Security

60

Family
Responsibilities

25

Maternity
at Work

100

Safe
Work

75

Social
Security

40

Fair
Treatment

80

Child &
Forced Labour

50

Trade
Union

25

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§38(2) & 44 of the Constitution of El Salvador; §144-159 of the Labour Code 1972
Does the law require regular payment of wages?	Yes	1	§119-136 and 198 of the Labour Code 1972
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§169 of the Labour Code 1972
Does the law require additional compensation for working on a weekly rest day?	Yes	1	§175 & 192 of the Labour Code 1972
Does the law require additional compensation for night work?	Yes	1	§161,162 & 168 of the Labour Code 1972

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§ 161-176 of the Labour Code 1972
Does the law restrict maximum working hours including overtime to 56 hours per week?	No	0	No applicable legal provisions could be located.
Does the law require a weekly rest of at least 24 hours?	Yes	1	§80, 166, 167 and 171-173 of the Labour Code 1972
Does the law require paid public holidays?	Yes	1	§190 of the Labour Code 1972
Does the law require at least three working weeks of paid annual leave?	No	0	§177-189 of the Labour Code 1972

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§17-23 of the Labour Code 1972
Does the law restrict the hiring of fixed-term contract workers?	No	0	§25-27 of the Labour Code 1972
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§28 of the Labour Code 1972
Does the law require a 30-day notice before contract termination?	No	0	§26 & 49-57 of the Labour Code 1972
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	Yes	1	§38 of the Constitution of El Salvador 1983; §58 & 59 of the Labour Code 1972

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?	No	0	§29(6b & d) of the Labour Code 1972; Decree No. 376 of 2015
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable legal provisions could be located
Does the law require paid nursing breaks?	Yes	1	§43 of the Constitution of El Salvador; §35 of the Decree No. 404

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§30(13) of the Labour Code 1972
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§42 of the Constitution of El Salvador; §309 & 312 of the Labour Code 1972; Decree no. 143 of 2015; Decree No. 174 of 2015
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§309(6b) & 311 of the Labour Code 1972; §100 of Law No. 1263; §25-26 of the Executive Decree No. 37
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§309(6b) & 311 of the Labour Code 1972; §100 of Law No. 1263; §25-26 of the Executive Decree No. 37
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§42 of the Constitution of El Salvador; §113 of the Labour Code 1972

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§38 of the Law on Safety and Health at Work, 2010
Does the law require the employer to train workers on health and safety issues?	Yes	1	§13, 39, 52 & 79 of the Law on Safety and Health at Work, 2010
Does the law restrict work that is prejudicial to the health of the mother or the child?	No	0	§110 of the Labour Code 1972
Does the law provide for employment injury benefit?	Yes	1	Decree no. 1263 of 1953 by which the Social Security Law is dictated; ISSA Country Profile for El Salvador

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§104 of Law No. 927 of 1996
Does the law provide for a dependants'/survivors' pension?	No	0	§106-108 of Law No. 927 of 1996
Does the law provide for unemployment benefit?	No	0	No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?	Yes	1	§307 of the Labour Code 1972
Does the law provide for invalidity benefit?	No	0	§105 of Law No. 927 of 1996; ISSA Country Profile for El Salvador

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	No	0	§38(1) of the Constitution of El Salvador; §29(11 & 12) and 123 of the Labour Code 1972
Does the law prohibit sexual harassment in employment?	Yes	1	§8 of the Law of Health & Safety at Workplace, 2010; §165 of the Penal Code
Does the law prohibit discrimination in employment matters?	Yes	1	§1A, 03, 29-30 of the Constitution of El Salvador; §123 of the Labour Code 1972; Decree No 227 of 2015
Does the law allow women to do the same jobs as men?	Yes	1	No restrictive legal provisions could be located
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Law No. 927 of 1996; ISSA Country Profile for El Salvador

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§114 & 627, Labour Code, 1972; §59, Comprehensive Protection of Children & Adolescents Law 2009
Does the law set employment entry age equal to or higher than the compulsory schooling age?	No	0	§56 of the Constitution, 1983; §5, 18, 20, & 22 of the General Education Law, 1996; §82 of LEPINA, 2009;
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§38 of the Constitution, 1983; §105 & 627 of the Labour Code, 1972; §1 & 2 of Agreement 241 of 2011
Does the law prohibit forced labour?	No	0	§3 & 54–55, Special Law Against Trafficking in Persons, 2014; §13, Labour Code, 1972; §56, LEPINA, 2009

Trade Union

Question	Answer	Score	Legal Basis
Does the law allow workers to form and join unions of their own choice?	No	0	§7 & 47, Constitution 1983; §204-219 & 248 of the Labour Code 1972; CEACR C87 Obs. 2020
Does the law allow workers to bargain collectively with employers through their representative unions?	No	0	§39, Constitution 1983; §268-287, Labour Code 1972; Presidential Decree No. 64 of 2009; CEACR C98 Obs. 2019
Does the law provide for the right to strike?	No	0	§48 of the Constitution 1983; §527-538 & 553 of the Labour Code 1972; CEACR C87 Obs. 2020
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§48 of the Constitution 1983; §535 of the Labour Code 1972; USDOS CRHRP 2021