Mar 09

Labor laws and regulations that workers and companies need to know

In El Salvador there are usually many abuses of the companies or abuse by employees by ignorance of the laws governing economic activities, labor and tax the country.

For this reason we continue to write entries with relevant information for both workers and businesses, in this case we labor the point, the burden of a company and commitments as premium bonus and annual leave with their respective legal bases .

Basic working hours in the country:

Working hours: All duly established companies are governed by the Labor Code for the treatment of its employees, in the case of working hours should be 8 per day and work may not exceed 44 hours, therefore the Most companies have 8 working 5 days a week and 4 on Saturday.

“Art 89. – The initiation, duration and termination of normal working hours can vary depending on the nature of the work, labor or urgent needs, the time of year or any other just cause, but in no case exceed eight hours nor the workweek of forty-four. All work performed in excess of the normal working day or working week will be considered overtime and shall be paid at the regular salary plus one hundred percent of that salary. “(Labor Code)

Corporate Social Charge:

Every company has the responsibility to pay along with the monthly employee health services (ISSS) and also have to pay a fee obligation for the pension fund of the worker.

Mandatory contributions to employees by the ISSS is 3% based on their salary, this levy is capped which is $ 685.71 (6,000.00 colones). This is complemented by the contribution paid by the employer which is 7.5% with the same cap of $ 685.71, this means that even if the worker earned more than $ 685.71, that value will be applied to it to the contribution rate. (Art. 29 Social Security Act)

If a company exceeds 10 employees the company is required to pay 1% more in concept INSAFORP by Decree # 554 dela Legislature.

With the pension fund (AFP) workers law pays 6.25% of their salary as a contribution, in turn the employer must pay a 6.75%, in both cases the limit for calculating this levy is $ 5354.52, the maximum insurable is valid from 01/01/2008 (Art. 16 Law on Pension Savings System).

Aguinaldo Obligation:

Every worker is entitled to an annual bonus called aguinaldo, that premium is given in proportion to the years the employee has worked for the same company.

“Art 196. – Every employer is required to give their workers by way of bonus, a bonus for each year of work. “(Job Code)

“Art 197. – … Workers day December 12 not attained one year of serving the same employer are entitled to be paid for the time worked proportional to the amount they would have received if they had completed one year of service to date. “(Labor Code

“Art 198. – The minimum amount payable to a worker as a premium for bonus will be:

1) To any person having a year or more and less than three years of service, salary allowance equivalent to ten days;

2nd) To any person having three years or more and less than ten years of service, salary allowance equivalent to two weeks;

3rd) To any person having ten or more years of service, salary payment equivalent to eighteen days. “(Job Code)

Sometimes companies give more than the value established by way of bonus but that is up to each company.

Annual Vacation Obligation:

With respect to holidays, all private sector employee is entitled after serving one year of working for the same company. At the employee is granted 15 days with pay and in turn a value of 30% of his salary fortnightly.

“Art 177. – After a year of continuous work in the same company or establishment or under the jurisdiction of the same employer, the employees are entitled to a vacation period shall run for two weeks, which will be paid a benefit equal to regular salary for that period plus 30% of it. ”

I hope these articles will be of help to you dear reader.

My best wishes to you and yours.