LEGISLATIVE DECREE No. 57 INDEX
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That pursuant to the provisions of Article 37 of the Constitution of the Republic. the state is obliged to use all the resources at its disposal, to provide employment to manual or intellectual worker, and to assure him and his family the economic conditions for a dignified existence.
II.- youth in our country is a sector in vulnerable, mainly due to the lack of opportunities in access to decent employment, enabling them to put into practice the knowledge gained during their academic training and acquire the necessary work experience for their professional development, and access to better living conditions for themselves and their families.
III.- to achieve effective integration of young people into the labor market, it is necessary that the State provide financial incentives to companies that offer incentives creating new jobs, and give opportunity to young people to access their first job.
in exercise of its constitutional powers and initiative of Deputies Calixto Mejia, Ricardo Bladimir González, Salvador Sanchez Ceren, Carlos Cortez, Hugo Martinez, Jorge Jimenez, Luis Corvera and Misael Mejia, the legislative period 2006 -2009; and the deputies: Roberto D'Aubuisson, David Reyes, Blanca Noemi Coto, Coto Carlos Walter Guzman, Douglas Leonardo Mejia Aviles, Hector Acevedo, Hortensia Margarita Lopez Quintana, Felix Agreda, Lorena Araujo, Eduardo Barrientos, Vidal Carrillo, Cristina Cornejo, Jose Cornejo, Aristides Corpeño, Dario Alejandro Girls, Nery Diaz, Antonio Echeverria, Emma Julia Fabian, Santiago Flores, Guillermo Gallegos, Cesar Garcia, Rinaldo Garzona, Norma Guevara, Juan Carlos Hernandez, Benito Lara, Roberto Lorenzana, Guillermo Mata, Juan Carlos Mendoza, yeymi Muñoz, Guillermo Olivo, Serafin Orantes, Orestes Ortez, Lourdes Palacios, Lorena Peña, Mario Ponce, Jose Rafael Machuca Zelaya, José Francisco Merino Lopez, Reynaldo Cardoza, Luis Roberto Angulo Samayoa, Gaspar Portillo, Jackeline Rivera, Abilio Rodriguez, Margarita Rodriguez, Rodrigo Samayoa, Mario Tenorio and Aristides Valencia.
INCENTIVE ACT OF FIRST JOB CREATION OF YOUNG PEOPLE IN THE PRIVATE SECTOR
Art. 1. The present law is to establish standards to regulate, encourage and promote the creation in the private sector, the first job for young people, in order to insert them in life
productive country and provide work experience.
The beneficiaries will be young people between 18 and 29 years of age, who have no work experience, no record of contributors at the Salvadoran Social Security Institute.
Art. 2. The Ministry of Labor and Social Welfare should create the record called "First Job" for employers who choose to join the program, enroll in order to get the benefits.
Not be covered by this law, labor relations under contracts that are not registered with the Ministry of Labour and Social Welfare.
To enjoy the benefits set out in this law, young people must register with the Ministry of Labor and Social Welfare in the register referred.
Art. 3. To enable enterprises to enjoy the benefits established by this Law shall meet the following requirements:
a) be solvent with the payment of their tax obligations and social security;
B) be operating as a working in the formal sector, at least six months before applying for inclusion in the benefits of this law.
Art. 4. The labor system first job, will be applicable only to those employers who demonstrate that they have created new positions, in order to assign young workers under the aforementioned contractual arrangement. The creation of new jobs will be checked with social security contributions.
Art. 5. Young people who wish to be employed under the regime of "First Job", to register with the Ministry of Labour and Social Welfare, for this purpose must submit the following documents:
a) Original and copy of the Single Administrative Document Identity and Tax Identification Number.
B) Certificate issued by the Salvadoran Social Security Institute, had not been registered as a worker above.
C) Original and copy of the records of completed studies, or any other document evidencing training in any art or craft.
D) Should be active student shall submit a recommendation by the principal of the school, or national school, or the record be pursuing higher education.
Art. 6. The employment contracts must first be registered with the Ministry of Labour and
Social Welfare, to take effect the benefits provided in this Act, and to take the necessary statistics on how many young people have benefited from this labor regime.
Art. 7. It is defined as First Employment Contract, the one that gives rise to a working relationship aimed at providing work experience, and facilitate the practical application of knowledge gained in the training process, young people benefit from this law.
Art. 8. The first job contract formalities and have the following characteristics:
a) shall be in writing in three copies, one for each contracting party, and the third will be forwarded to the Directorate General of Labour, the Ministry of Labour and Social Security.
B) may be held indefinitely, or in installments in accordance with the requirements of Art. 25 of the Labour Code. In no case it will be renewable for effect of incentives established by this Act.
C) You can celebrase full-time or part-time, as long as the work day is equal to or greater than five hours.
D) contain the requirements set out in Article 23 of the Labor Code.; and
e) will be included in it, the rights and obligations arising from the sources of labor law, set out in Art. 24 of the Labour Code.
Young students beneficiaries of this law, shall be agreed with employers, the necessary facilities to guarantee them permission to attend their respective tanks.
Art. 9. The parties freely stipulate the salary, but in no case be less than the legal minimum force established in accordance with the provisions to that effect in the Labour Code.
Notwithstanding the provisions of the preceding paragraph, in no event shall the salary earned by the worker hired under the labor regime, be less than the wage received by employees who perform the same functions or activities within the same company.
Art. 10. The rights, obligations and prohibitions of the subjects of first employment contract shall be governed by the general rules of the Labour Code, except as expressly set out in this law.
Art. 11. The provisions concerning the protection of wages apply to the compensation and benefits that young workers receive employer during the term of the contract of first employment.
Art. 12. The system of mandatory social security shall apply to employment relationships regulated by labor system first job.
LEGISLATIVE INDEX Art. 13. The first employment contract will end on the following grounds:
a) By the deadline agreed in the contract in cases provided for in Article 25 of the Labor Code..
B) the dismissal of workers in cases established in Art. 50 of the Labour Code.
C) incurred by the employer in one of the grounds for termination of the employment contract governed by Art. 53 of the Labour Code.
D) the resignation of the worker; and
e) By mutual consent of the parties.
The completion of the term of the benefits established in this Act shall in no case, grounds for termination of the contract of first employment.
Art. 14. The employer is obliged to give young people engaged, to the termination of the first job, proof of work where the functions or position held inherent in the activities specified, the duration of the contract and the skills developed as a result of work experience.
Art. 15.- The job and the tasks assigned to it should preferably be appropriate to the level of training and studies carried out by young workers in their first job.
Art. 16. Failure to comply with the provisions of the Arts. 7 and 8 of this law, it will assume that the employment relationship is excluded from the labor regime established in this law, and therefore, the employer may not enjoy the benefits established therein.
Art. 17. The Directorate General of Labour Inspection, the Ministry of Labour and Social Welfare, shall conduct periodic various work centers to the labor welcomed their first job, for purposes of monitoring compliance with the rules established in the present visits law, as well as other labor legislation.
Art. 18. Formal companies that hire young people, in the form of first employment contract, enjoy minimum wage deductions on income tax, as prescribed in this Act.
Art. 19. The benefits under this law will only be applied to those contracts held for a minimum period of one year, but in any case the above benefits can be granted for a period longer than two years, counted from the beginning of the employment relationship.
Art. 20. In case of breach of the provisions of this law, companies will be disabled as beneficiaries of it.
The provisions of the preceding paragraph shall not apply in cases of voluntary resignation of the employee, termination of the employment contract by mutual consent, and in cases of termination of employment contract without liability for the employer.
Art. 21. Companies will enjoy a tax deduction for the purposes of income tax, as set out below:
a) Companies that hire young people from 2 to 8, may be deducted at the end of the fiscal year, the equivalent to an annual minimum wage.
B) Companies that hire young people from 9 to 16, may be deducted at the end of the fiscal year, the equivalent of two annual minimum wage.
C) Companies contrataren more than 16 young people, may be deducted at the end of fiscal year, the equivalent of three annual minimum wage.
In no case may be benefits of this law, those contracts related work activities private, unhealthy or dangerous security.
Art. 22. An employer who hires a young worker with whoever has affiliation to the fourth degree of consanguinity and second degree, lose the benefits set out in this law, should he do so in order to obtain the benefits established.
Art. 23. In all matters not covered by this Act, the general rules set out in the Labour Code and other labor laws apply.
Art. 24.- The Ministry of Labor, the Salvadoran Social Security Institute and the Ministry of Finance shall establish the necessary mechanisms to implement obligations and tax deductions as appropriate, under this Law.
Art. 25.- 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 the twelfth day of July in the year two thousand and twelve.
OTHON Sigfrido Reyes Morales, president.
ALBERTO ROMERO ARMANDO RODRIGUEZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
JOSE ROBERTO MUNGUÍA d'Aubuisson, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CARMEN ELENA CALDERON SOL Escalon, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH Secretariat.
SAMAYOA RODRIGO RIVAS, REYNALDO ANTONIO LOPEZ Cardoza seventh Secretary. EIGHTH SECRETARY.
Casa Presidencial: San Salvador, on the tenth day of August in the year two thousand and twelve.
Carlos Mauricio Funes Cartagena President of the Republic.
Najarro Humberto Centeno, Minister of Labour and Social Welfare.
OJ No. 152 Vol. No. 396 Date: August 20, 2012
JCH / geg 10-09-2012