Reforming The Labour Code.

Original Language Title: REFÓRMASE EL CÓDIGO DE TRABAJO.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-articulo-30-del-codigo-de-trabajo/archivo_documento_legislativo

1. Decree No. 227, the Legislative Assembly of the Republic of EL SALVADOR: I-that article 38 of the Constitution provides that the work shall be governed by a code, which main purpose shall be to harmonize relations between employers and workers, setting out their rights and obligations.
II.-that by Legislative Decree N ° 15, date of June 30, 1972, published in the official journal N ° 142, volume no. 236 of July 31, 1972, adopted the labour code.
III.-which today is used as a criterion for hiring the credit history of individuals, becoming a requirement not only for a loan, now also is to apply for work, has even been used occasionally as a ground for dismissal.
IV.-requiring some recruiters, in addition to the competency to carry out the work and experience, record keeping societies of credit information, such as information or credit bureau agencies, where it is established that the applicant does not have debts to hire him. This fact is completely subjective, as the recruiter when it revises the credit Bureau does not know the reasons or why the applicant has not paid. This does not necessarily speaks of an irresponsible person, since the causes can be from diseases to unemployment.
V-to be included in the mentioned regulatory body, provisions that expand protection to workers against such practice, have i.e., that is prohibited to use credit as a criterion for recruitment or causal history of dismissal, in order to create favourable conditions that guarantee the right to obtain decent work and job security. So it is necessary to reform the labour code.
Therefore, use of his constitutional powers, at the initiative of the Deputy Francisco José Zablah Safie.
DECREES the following: reform code of work article 1.-added a paragraph 16 °) article 30, in the following manner: 2 "(16°) used as recruitment requirement or as a ground for justified dismissal, the credit history of workers, except by court order or by the exceptions provided for in the law."
Article 2-This Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, on sixteenth day of the month of December of the year two thousand and fifteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, eight days after the month of January of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Sandra Edibel Guevara Pérez, Minister of labour and Social Welfare.

3 D. o. N ° 10 volume N ° 410 date: January 15, 2016 JQ/fc 22-02-2016 legislative index