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DECEMBER No. 592

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That article 38 ordinal 12 of the Constitution states that “The law shall determine the conditions under which the employers shall be obliged to pay their permanent workers, who renounce their work, an economic benefit whose amount shall be set in relation to wages and the time of service”; in addition, in article 252, it states that “The right established in the 12th ordinance of article 38 of this Constitution shall be applied until the secondary effect is regulated. ”

II.- That by a judgment of unconstitutionality by omission, issued at twelve hours with thirty minutes of the day one of February of the two thousand thirteen, the Constitutional Chamber of the Supreme Court of Justice, provided that this Assembly should issue the legal provisions that allow the permanent workers to enjoy the constitutional provision referred to above.

III.- That, as described above, it is necessary to issue a law regulating the conditions and requirements for an economic benefit for the voluntary renunciation of permanent workers, as a benefit derived from fundamental rights.

TANTO,

In use of its constitutional faculties and at the initiative of the representatives David Ernesto Reyes Molina, Santiago Flores Alfaro, Claudia Luz Ramírez García, José Antonio Almendariz Rivas, Ana Vilma Castro de Cabrera, Melvin David González Bonilla, Rafael Ricardo Moran Tobar, Abilio Orestes Rodríguez Menjívar, Arnoldalupe Antonio Vásquez Martínez; Héctor Miguel Antonio Dadatura Hirezi and Hugo Roger Martínez Bonilla

Describe the following:

REGULAR LAW OF ECONOMIC PRESTATION BY VOLUNTARY RENEW

OBJECT

Art. 1.- The purpose of this law is to regulate the conditions under which permanent workers working in the private sector, and autonomous institutions that generate their own resources and whose labour relations are governed by the Labour Code, even if they are not mentioned in this law, including the Salvadoran Social Security Institute and the Hydroelectric Executive Commission of the River Lempa, will enjoy an economic benefit for the voluntary renunciation of their employment.

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The amount of such allowance shall be set in relation to the age and wages earned by workers, and shall be cancelled by employers in the manner provided for in this Act.

PREVIOUS OBLIGATION

Art. 2.- In order to be entitled to the economic benefit regulated by this Law, it will be an obligation to give a notice in writing to the employer, in advance of thirty days to the date on which the resignation will be effective, in the case of directors, managers, administrators, chiefs and specialized workers.

Workers who are not contemplated in the preceding paragraph shall give the notice in advance of fifteen days.

For the purposes of this law, it shall be understood as specialized workers, who, for the performance of the job to which they are relinquishing, have received special training from the employer in the last twelve months.

The notice regulated by this law shall not be equivalent to the waiver, the latter must be submitted in accordance with the provisions of the following article, with the option of the worker if he submits the waiver with the notice.

RENUNCIA

Art. 3.- The voluntary waiver shall be in writing, duly signed by the worker or worker, and accompanied by a copy of his unique identity document, and shall consist of sheets provided by the Directorate-General for Labour Inspection of the Ministry of Labour and Social Security, or its departmental units, or in sheets provided by the first instance judges with labour jurisdiction, which shall record the date of issuance and provided that they have been used on the same day or on the next 10 days.

The waiver produces its effects without the need to accept the employer. The refusal to pay the corresponding benefit constitutes a legal presumption of unfair dismissal.

In the event of total and permanent incapacity or death of the worker, the worker or his or her beneficiaries shall have the right to the benefit that the worker would receive in the case of voluntary resignation.

REQUIREMENT TO RECEIVED

Art. 4.- The employer shall be obliged to receive both the notice and the resignation, having to give the resignation, the day and time of the presentation. In the event that the employer refuses to receive the waiver or submit the record, the waiver shall apply to the respective section of the Ministry of Labour and Social Security.

The section shall summon the employer by day and hour to notify them of the worker ' s decision to resign; from this diligence shall a record be lifted which shall be signed by the worker and the employer, and

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if they cannot or do not wish to sign, this circumstance shall be recorded; and the waiver shall be filed on the date of the worker's appearance.

MINIMO TIME OF SERVICE

Art. 5.- In order for workers to be entitled to the economic benefit regulated by this Act, they shall have at least two years of continuous and effective service for the same employer.

The age of the workers will begin from the date on which the provision of the services was actually initiated, even if the award of the written contract is subsequent to the commencement of the work.

CONTINUITY OF THE BODIES

Art. 6.- It will be understood that the continuity of work is not interrupted in cases where the employment contract is suspended, therefore such suspensions will not affect the age of the workers, for the benefit established in this law.

For the purposes of this law, the periodic and continuing holding of labour contracts will not affect the computation of the worker ' s seniority. Except as between each contract the payment of an economic benefit motivated by the termination of the same, provided that the payment has been voluntarily accepted by the worker, in compliance with the requirements set out in article 402 of the Labour Code, in which case the age of the contract shall be terminated and shall be counted from the last payment made.

TRIBUTARY EXENSION

Art. 7.- The economic compensation paid to the worker as a result of the regulations set out in this Act shall be exempt from the payment of the Income Tax.

ECONOMIC PRESTATION BY RENEUNCIA

Art. 8.- The permanent workers who renounce their employment, from the age of two, will receive an economic benefit equivalent to fifteen days of basic salary per year of service.

For the purposes of the calculation of the economic benefit referred to in the preceding paragraph, no salary may be more than twice the current statutory minimum wage corresponding to the sector to which the employer ' s economic activity corresponds.

Employers shall cancel this economic benefit within fifteen days of the date of the termination.

PAYMENT OF VACATION AND AGUINALDO TO THE UNITED NATIONS

Art. 9.- The workers who renounce their employment shall have the right to receive, in addition to the provision regulated by this law, the full or proportional annual earnings and allowance,

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as appropriate, and the employer is obliged to cancel these benefits, in the same form and time period as set out in this law, observing the rules of the statute of limitations contained in the Labour Code.

VIGHANGE OF WORKING MINISTERY

Art. 10.- The Ministry of Labour and Social Security, through the Directorate-General for Labour Inspection, shall be responsible for ensuring the faithful compliance with the provisions of this Law, applying for this purpose the procedures for labour inspection established in the corresponding legal regulations.

PRESCRIPTION

Art. 11.- The worker's claim, in order to claim the payment of the financial benefit for voluntary renunciation regulated by this law, shall be prescribed in ninety working days, counted from the date on which such payment was due.

SUPERIORS

Art. 12.- In those companies where, by virtue of internal labour regulations, collective contract, or by company custom, there is an economic benefit for voluntary renunciation higher than that established in this Law, the provisions of such sources of law shall be subject to.

The entry into force of this Act shall not prejudice the rights, benefits, benefits or privileges enjoyed by workers, therefore, such rights or privileges enjoyed by them, shall continue to be in force and shall be consolidated in favour of workers.

MULTICIPLICITY OF RENUNCIES

Art. 13.- In cases where there is a multiplicity of waiver under the provisions of this Act, the employer may defer payment of the economic compensation up to twelve months, through monthly payments made to each worker, upon a decision of the General Directorate of Labour, which shall have executive force in accordance with article 30 of the Labour and Social Welfare Organization and Functions Act.

It will be understood as a multiplicity of resignations, that situation in which three percent of the workers who appear as contributors of the Salvadoran Social Security Institute are equal or exceeded, and who have expressed their willingness to withdraw from the company within the same calendar month. Likewise, it will be understood as a multiplicity of resignations when they equal or exceed ten percent of the workers who appear as contributors to the Salvadoran Social Security Institute, within the same calendar year.

For companies with ten or more workers, the form of payment described above will be applied.

IRRETROACTIVITY

Art. 14.- The provision set out in this Act shall apply only to waiver

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produce from their entry into force.

JUDICIAL ACTION

Art. 15.- The worker ' s claim, in order to claim the payment of the financial benefit for voluntary renunciation regulated by this Act, shall be dealt with in ordinary proceedings, in accordance with the provisions of the Labour Code.

SUPLETORY OF WORKING CODIGO

Art. 16.- In all that is not provided for in this Law, the provisions of the Labour Code shall apply as appropriate.

VIGENCE

Art. 17.- This Decree will enter into force on January 1, of the year two thousand fifteen, following publication in the Official Journal.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, at the eighteenth day of December of the two thousand thirteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

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CASA PRESIDENCIAL: San Salvador, on the sixteenth day of January of the year two thousand fourteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

Humberto Centeno Najarro, Minister of Labour and Social Security.

D. O. No. 12 Volume No. 402 Date: January 21, 2014

SV/ielp 24-02-2014

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