Reforming The Labour Code.

Original Language Title: REFÓRMASE EL CÓDIGO DE TRABAJO.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE N ° 227

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Article 38 of the Constitution provides that the work will be regulated by

a Code, which will have as its main object to harmonize the relations between employers and workers, establishing their rights and obligations.

II.-That by Legislative Decree No. 15, dated June 30, 1972, published In the Official Journal No. 142, Volume No. 236 of July 31, 1972, the Labor Code was approved.

III.-Currently, the credit history of persons is used as a criterion for employment contracts, becoming a requirement not only to ask for a

loan, now it is also to apply for work, even has been employed on occasion as a causal of dismissal.

IV.-That some recruiters demand, in addition to the job skills for

to perform the work and experience, the history of credit reporting companies, such as the information agencies or credit bureau, where it is established that the applicant has no debts to hire him. This fact is

totally subjective, as the recruiter when reviewing the credit bureau does not know the reasons or why the aspirant has not paid. This does not necessarily speak of an irresponsible person, as causes can be from disease

to unemployment.

V.-What should be included in the aforementioned normative body, provisions that

expand protection That is to say, that it is prohibited to use credit history as a criterion for hiring or causing dismissal, in order to generate favorable conditions that guarantee

the right to to obtain decent work and job stability. So it becomes necessary to reform the Labor Code.

BY TANTO,

in use of its Constitutional powers, at the initiative of the Deputy Francisco José Zablah Safie.

DECRETA the following:

REFORM OF THE JOB

Article 1.-Add a numeral 16 °) to item 30, as follows:

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" 16 °) Use as a requirement of employment hiring or as a reason for justified dismissal, the credit history of the workers, except by a court order or by the exceptions established

in the Law. "

Article 2.-This Decree will enter into force eight days after its publication in the

Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of the month

year two thousand fifteen.

LORENA GUADALUPE PEÑA MENDOZA,

PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR,

FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ,

THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, eight days of the month of January of the year two thousand sixteen.

PUBESQUIESE,

Salvador Sánchez Cerén,

President of the Republic.

Sandra Edibel Guevara Pérez, Minister of Labor and Social Forecast.

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D. O. N ° 10 Took N ° 410 Date: January 15, 2016

JQ/fc 22-02-2016

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