68.5
61.5
61.5
Limited Access to Decent Work
80
60
60
25
100
75
80
80
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §38(2) & 44 of the Constitution of El Salvador; §144-159 of the Labour Code 1972 |
Score on the Minimum Wage component worsened due to lack of revision of minimum wage since 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §119-136 and 198 of the Labour Code 1972 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §169 of the Labour Code 1972 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §175 & 192 of the Labour Code 1972 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §161,162 & 168 of the Labour Code 1972 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | § 161-176 of the Labour Code 1972 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located. | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §80, 166, 167 and 171-173 of the Labour Code 1972 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §190 of the Labour Code 1972 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §177-189 of the Labour Code 1972 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §17-23 of the Labour Code 1972 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §25-27 of the Labour Code 1972 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §28 of the Labour Code 1972 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §26 & 49-57 of the Labour Code 1972 | No Change |
| Does the law require severance pay at the rate of at least two 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 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| 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 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §43 of the Constitution of El Salvador; §35 of the Decree No. 404 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §30(13) of the Labour Code 1972 | No Change |
| Does the law require 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 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) 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 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §309(6b) & 311 of the Labour Code 1972; §100 of Law No. 1263; §25-26 of the Executive Decree No. 37 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §42 of the Constitution of El Salvador; §113 & 113-A of the Labour Code 1972 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §38 of the Law on Safety and Health at Work, 2010 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §13, 39, 52 & 79 of the Law on Safety and Health at Work, 2010 | No Change |
| 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 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Decree no. 1263 of 1953 by which the Social Security Law is dictated; ISSA Country Profile for El Salvador | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §104 of Law No. 927 of 1996 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §106-108 of Law No. 927 of 1996 | Score adjusted due to a minor revision in methodology |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §307 of the Labour Code 1972 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §105 of Law No. 927 of 1996; ISSA Country Profile for El Salvador | Score adjusted due to a minor revision in methodology |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers 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 | No Change |
| 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 | No Change |
| 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 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Law No. 927 of 1996; ISSA Country Profile for El Salvador | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §38 and 56 of the Constitution of El Salvador; §114 & 627, Labour Code, 1972; §47, 48 & 87-97 of the Grow Together Law, 2023 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §56 of the Constitution, 1983; §5, 18, 20, & 22 of the General Education Law, 1996; §47 & 48 of the Grow Together Law, 2023 | Score improved due to a legislative reform |
| Does the law prohibit the employment of young persons 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 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | Articles 4 and 9 of the Constitution; §3 & 54–55, Special Law Against Trafficking in Persons, 2014; §13, Labour Code, 1972; §86 of the Grow Together Law, 2023 | Score adjusted because of availability of a legal source |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| 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. 2023; ITUC Global Rights Index 2024 El Salvador Profile | No Change |
| 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; ITUC Global Rights Index 2024 El Salvador Profile | No Change |
| Does the law provide the right to strike? | No | 0 | §48 of the Constitution 1983; §527-538 & 553 of the Labour Code 1972; CEACR C87 Obs. 2023; ITUC Global Rights Index 2024 El Salvador Profile; USDOS CRHRP 2023 (El Salvador) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §48 of the Constitution 1983; §535 of the Labour Code 1972 | No Change |