El Salvador Labor Law and Employment Policy Overview

Employment Law Overview

• Key Laws and Regulations:
  • Labor Code
  • Social Security Law
  • Workers' Compensation Law
• Legal Characteristics:
  • Aims to protect employee rights and promote harmonious labor relations.
  • Establishes minimum wages, working hours, vacations, social security, and severance pay, among other matters.

Employment Contract Requirements

• Contract Types:
  • Fixed-term contracts
  • Indefinite-term contracts
• Contractual Provisions:
  • Must include details on job description, compensation, working hours, vacations, social security, and severance pay.
• Language and Currency:
  • Contracts must be in Spanish and denominated in US Dollars ($).

Working Hours Regulations

• Standard Working Hours:
  • 44 hours per week, distributed over 6 days, 8 hours per day.
• Rest Days and Breaks:
  • At least 1 rest day per week.
  • 1-hour break after 4 hours of daily work.

Vacation Policy

• Annual Leave:
  • Employees with 1 year of service are entitled to 15 days of paid annual leave.
• Public Holidays:
  • 13 official public holidays.
• Special Leaves:
  • Sick leave: 20-60 days of paid sick leave, depending on years of service.
  • Maternity leave: 12 weeks of paid maternity leave for female employees.
  • Paternity leave: 2 days of paid paternity leave for male employees.

Employee Severance and Contract Termination

• Notice Period:
  • As stipulated in the employment contract or collective bargaining agreement.
• Severance Pay:
  • 30 days of salary per year of service, depending on the reason for termination and years of service.
• Protection Against Unfair Dismissal:
  • Employees have the right to file a claim for unfair dismissal.

Tax Laws

• Personal Income Tax:

  • Salary Range (USD)	Tax Rate
    0 - 4,064	0%
    4,064 - 9,142.86	10%
    9,142.86 - 22,857.14	20%
    22,857.14+	30%

• Social Security Contributions:

  • Employee: 7.5%
  • Employer: 15.25% - 16.25%

Health Insurance

• Insurance Policy:
  • The Salvadoran Social Security Institute (ISSS) provides healthcare to employed individuals.
• Coverage:
  • Medical, dental, and maternity services.

Compensation and Benefits

• Minimum Wage:
  • Varies depending on the type of work, no single fixed minimum wage.
• Compensation Structure:
  • Base salary, bonuses, allowances, etc.

Work Permits and Visas

• Permit Requirements:
  • Foreign employees require a work permit and visa.
• Application Process:
  • Contact the Salvadoran embassy or consulate abroad or the Immigration Office.

Confidentiality and Non-Compete Clauses

• Enforceability:
  • Confidentiality and non-compete clauses are enforceable in El Salvador.
• Common Provisions:
  • Restricting employees from using or disclosing confidential information after leaving employment.
  • Restricting employees from working for competitors after leaving employment.

Training and Development

• Legal Requirements:
  • Employers must provide safety training and skills enhancement training to employees.
• Government Support:
  • The government provides funding and incentives to encourage corporate training.

Workplace Diversity and Inclusion

• Legal Requirements:
  • Prohibits discrimination based on race, gender, religion, or other protected characteristics.
• Enforcement Measures:
  • Employers must develop and implement anti-discrimination policies.

Remote Work Policy

• Legal Framework:
  • El Salvador does not have specific legal provisions addressing remote work.
• Tax and Insurance Implications:
  • Remote work may impact employees' tax and social security obligations.

Authoritative Website Addresses

• Ministry of Labor of El Salvador: https://www.mtps.gob.sv/