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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 174
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution in its article 1, establishes that El Salvador recognizes the
human person as the origin and end of the activity of the State, which is organized for the attainment of justice, of security of the common good. Likewise, he recognizes as a human person every human being since
the instant of conception.
II.-That by Legislative Decree number 17 dated March 4, thousand nine hundred
forty, published in the Official Journal number 56, Took number 128 dated March 7, 1940, the Law on the Asuetuses, Vacations and Licenses of Public Employees was issued, which in its article 5 numeral 2, establishes the license for
delivery and in its article 9 point 1 develops the The way in which this license will be granted.
III.-That by Legislative Decree number 143 of October 8 of this year,
has been issued reform to the Labour Code in its article 309 paragraph 1 °, in order to give to the pregnant worker 4 weeks more in concept of maternity leave.
IV.-That the most important benefits of breastfeeding for the newborn, they are reflected in the health and survival of them, as a result of the
physical and mental development that it confers on them, and also a right of childhood which is protected by International Conventions and National Laws such as the Law of Integral Protection of Children and Adolescents
(LEPINA).
V.-It is becoming necessary to harmonize the Law of Asuetuses, Vacations and Licenses of
Public Employees, to guarantee the right of equality established in Article 3 of the Constitution, for all working women pregnant, whether from the private or public sector, in the sense of giving them 4 weeks more
in maternity leave.
BY TANTO,
in use of its Constitutional faculties and at the initiative of the Santiago Deputies Flores Alfaro,
David Ernesto Reyes Molina, Mario Alberto Tenorio Guerrero, Silvia Alejandrina Castro Figueroa, Nelson de Jesus Quintanilla Gómez, René Gustavo Escalante Zelaya, Jaime Orlando Sandoval Leiva; and with the support of the Martyr Arnoldo Marin Villanueva.
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECRETA the following:
REFORMS TO THE LAW OF THE ASUETOS, HOLIDAYS AND LICENSES OF THE PUBLIC EMPLOYEES
Art. 1.-Reform Article 5 (2), as follows:
"2) FOR MATERNITY."
Art. 2.-Reform Article 9 (1), as follows:
" Art. 9. 'maternity leave' shall be granted in accordance with the same rules laid down for sick leave; but for each birth no more than sixteen weeks ' leave may be granted; 10 of which shall be taken compulsorily after delivery, and must be granted
inescapably whatever the working time of the person concerned. "
Art. 3.-This Decree will enter into force one hundred and twenty days after its publication in
the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twelve days of the month of November of the 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.
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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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, at the eighteen days of the month of November of the year two thousand fifteen.
PUBESLOSE,
Salvador Sánchez Cerén,
President of the Republic.
Ramon Aristides Valencia Arana,
Minister of Government and Territorial Development.
D. O. No 213 Took N ° 409 Date: 19 November 2015.
JQ/pch 14-12-2015
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