1 Decree No. 592 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the article 38 ordinal 12 of the Constitution establishes that "the law shall determine the conditions under which employers are obliged to pay their permanent workers, who renounce their work, a financial benefit whose amount shall be fixed in relation to the salaries and service time"; In addition, establishing in its article 252, that "the duty imposed on the 12th ordinal of article 38 of the Constitution, shall apply until it is regulated in the secondary law, which may not have retroactive effect".
II. that by judgment of unconstitutionality by omission, issued to twelve hours with 30 minutes of February one of the two thousand thirteen, the constitutional court room Supreme, decided that this Assembly should issue the legal provisions which allow the permanent workers, enjoy the before mentioned constitutional provision.
III.-that the foregoing, is necessary to issue a law that regulates the conditions and requirements for a financial benefit for the voluntary surrender of the permanent employees, as a provision for the fundamental rights.
Therefore, in use of his constitutional powers and at the initiative of the deputies David Ernesto Reyes Molina, Santiago Flores Alfaro, Claudia Luz Ramírez García, José Antonio Almendáriz Rivas, Ana Vilma Castro de Cabrera, Melvin David Gonzalez Bonilla, Rafael Ricardo Moran Tobar, Abilio Orestes Rodríguez Menjívar, Guadalupe Antonio Vásquez Martínez; Héctor Miguel Antonio given Hirezi and Hugo Roger Martinez Bonilla (term 2006-2009); Santos Fernando González Gutiérrez (term 2003-2006), and with the support of the Deputy Mártir Arnoldo Marín Villanueva.
DECREES the following: law regulatory of delivery by voluntary resignation economic object article 1.-this law is to regulate the conditions under which the permanent employees who work in the private sector, and autonomous institutions that generate 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 of the Rio Lempa, shall be a financial benefit by the voluntary renunciation of their employment.
2. the amount of the provision, it will be set in relation to seniority and wages that workers Commission has due and must be paid by employers in the manner provided in this Act.
OBLIGATION to notice article 2.-to be eligible for the economic provision regulated in this law, shall be obligation to give notice in writing to the employer, in advance of thirty days from the date on which will be effective the waiver, in the case of Directors, managers, administrators, headquarters and specialized workers.
Workers that are not referred to in the preceding paragraph, shall give the notice of fifteen days in advance.
For the purposes of this Act, they shall be as skilled workers, those who, for the performance of the job that are giving, have received special training provided by the employer, in the last twelve months.
The notice regulated in this law will not be equivalent to the resignation, and latter arise according to the provisions of the following article, being at the option of the worker if the resignation together with the notice.
Article 3.-the resignation quits volunteer you must be in writing, duly signed by the labourer, and accompanied by a copy of your unique identity document, and recorded in sheets provided by the direction General of inspection of labour of the Ministry of labour and Social Welfare, or dependencies, departmental, or sheets provided by the judges of first instance with jurisdiction in labour matters which shall contain the date of issue and which have always been used the same day or within ten days following that date, or authenticated private document.
Resignation produces its effects without the need for acceptance of the employer. The refusal to pay the corresponding provision constitutes a legal presumption of unfair dismissal.
In case of total and permanent disability or death of the worker, this or their beneficiaries shall be entitled to the benefit which would receive the worker, in the case of voluntary resignation.
NEGATIVE to receive the resignation article 4.-the employer, shall be required to receive both the notice and the disclaimer, and must give to the have resigned, constancy of the day and time of the presentation. If the employer refuses to receive the waiver or deliver the aforementioned record, the have resigned will turn to the respective section of the Ministry of labour and Social Welfare.
The section will be mentioned with indication of date and time to the employer to notify them the decision of the worker to resign; This diligence Act to be signed by the worker and the employer will be lifted, and 3 if they could not or do not want to sign, shall be recorded this circumstance; and it shall be filed the waiver from the date of the appearance of the worker.
MINIMUM time service article 5.-that workers have right to the economic benefits regulated in this law, shall have at least two years of continuous and effective service for a same employer.
The age of workers will begin from the date in which effectively started the provision of the services, even if the granting of the contract in writing is back to the beginning of the work.
CONTINUITY of the work article 6.-means that the continuity of the work is not interrupted in those cases in which the employment contract is suspended, therefore these suspensions will not affect the seniority of workers, for the enjoyment of the provision established in this law.
For the purposes of this Act, the periodic and continuous celebration of contracts of employment will not affect the computation of the age of the worker. Except that every engagement has mediated the payment of a financial benefit, motivated by the end of the same, provided that payment has been voluntarily accepted by the worker, complying with the requirements referred to in the second subparagraph of article 402 of the labour code, in which case, the seniority shall be interrupted and this is counted from the last payment made.
TAX exemption article 7.-the financial compensation that is paid to the worker as a result of the regulations established by the present law, shall be exempt from payment of tax on income.
BENEFIT economic waiver article 8.-Las and permanent workers who give up their jobs, starting at age two, will receive an economic benefit equivalent to 15 days of basic salary for each year of service.
For the purposes of the calculation of the benefit referred to in the foregoing paragraph, any salary may exceed twice the current legal daily minimum wage corresponding to the sector with the corresponding economic activity of the employer.
Employers must cancel this economic benefit, within fifteen days of the date when the resignation becomes effective.
PAYMENT of holiday and Christmas bonus to waive article 9.-Las and workers who renounce their employment, are entitled to receive, in addition to providing regulated in this law, the bonus and paid annual vacation full or proportional, 4 as appropriate, and the employer is obliged to cancel these benefits, in the same way and term set forth in this law observing the rules of prescription contained in the labour code.
SURVEILLANCE of the Ministry of work article 10.-the Ministry of labour and Social Welfare, through the General Directorate of labour inspection, will be the institution to ensure faithful compliance with the provisions of the present law, applying for that purpose the labour inspection procedures set out in the corresponding legal regulations.
Article 11.-the prescription claim to the worker, to claim the payment of the financial benefits for voluntary resignation regulated in this law, will prescribe in ninety working day period from the date that such payment should be made.
REGULATIONS top article 12.-in those companies where, pursuant to an internal work regulations, collective, or custom of company, contract existed a financial benefit by voluntary resignation more than established in this law, shall apply to these sources of law.
The entry into force of this law, shall not be in detriment to the rights, benefits, benefits or prerogatives, that workers, gozaren therefore, such rights benefits or privileges which are enjoying, will continue to be in force and will be consolidated in favour of workers.
Article 13.-in those cases in which occur multiplicity of waivers under the protection of this law, the employer may be deferred payment of the financial compensation in twelve months, by monthly payments made to each worker, prior resolution of the General Directorate of labour, which shall be enforceable pursuant to article 30 of the law on organization and functions of the Labour Sector and Social Welfare.
It is understood as a multiplicity of resignations, that situation which is equals or exceeds the three per cent of workers listed as contributors of the Salvadoran Social Security Institute, and who have expressed their willingness to withdraw from the company, within the same calendar month. Also means as a multiplicity of waivers when they match or exceed ten per cent of workers listed as contributors of the El Salvador's Social Security Institute, within a calendar year.
In the case of companies having ten or more workers or workers, applies the above-described method of payment.
Article 14.-the non-retroactivity provision established in this law, shall apply only to the resignations to be 5 produced from its entry into force.
JUDICIAL action article 15.-the pretension of the employee, to claim the payment of the financial benefits for voluntary resignation regulated in this law, shall be dealt with in ordinary proceedings, in accordance with the provisions of the labour code.
SUPLETORIEDAD the code of work article 16.-everything that wasn't provided in this Act, shall apply in what was relevant, the provisions contained in the labour code.
Entry into force article 17.-the present Decree shall enter into force one January of the year two thousand and fifteen, following publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, eighteen days after the month of December of two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
6. presidential House: San Salvador, on sixteenth day of the month of January of the year two thousand fourteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Humberto Centeno Najarro, Minister of labour and Social Welfare.
D. OR. Nº volume 12 No. 402 date: 21 January 2014 SV/ielp 24-02-2014 legislative index