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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 554.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That our country has a particularly skilled and competent labor population, which constitutes its greatest wealth, whose contribution to the community will be more effective as high as its level of qualification.
(ii) vocational training, in its various forms, is a major part of the appropriate means to contribute to the economic and social development of the country, by promoting the human promotion of the worker, raising their levels of training and professional qualification, and contributing to the increase in the production and competitiveness of the companies;
III.-That in accordance with Article 40 of the Constitution it is the obligation of the State to legislate on the scope, extension and form in which the system of professional training, established in that primary norm, must be put into effect, which is imperative compliance;
BY TANT,
in use of its faculties On the initiative of the President of the Republic through the Ministers of Labor and Social Security and Planning and Coordination of Economic and Social Development and of Deputies Marcos Alfredo Valladares and Raul Manuel Somoza Alfaro,
DECRETA the following: PROFESSIONAL TRAINING LAW
CHAPTER I CREATION, NATURE AND OBJECTIVES
Art. 1.-Create the Salvadoran Institute of Vocational Training, as an institution of public law, with economic and administrative autonomy and with legal personality, under whose responsibility will be the direction and coordination of the System of Vocational training, for the training and qualification of human resources.
The Institute of Vocational Training in the context of this law and its regulations may be referred to as "INSAPUP" or "the Institute".
INSAFORP will have its main address in the city of San Salvador, being able to establish offices and dependencies anywhere in the national territory.
Art. 2.-THE INSPAUP aims to satisfy the needs of qualified human resources that requires the economic and social development of the country and to promote the improvement of the living conditions of the worker and his family group.
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To meet the stated objectives, the INSPAUP will be able to use all modes, methods and mechanisms that are applicable to vocational training.
Art. 3.-The Professional Training System consists of the functional unit of the set of human and material elements, public and private, established in the country, for professional training.
For the purposes of this law, it is understood by vocational training any action or programme, public or private, designed for training in trades and techniques, providing or increasing the knowledge, skills and practical occupational skills necessary for the performance of tasks production, according to the socio-economic development of the country and the dignity of the person.
The provisions of this law shall not apply to the regular technical education programs authorized by the Ministry of Education, nor to the institutions of university, military, physical rehabilitation, arts and sports.
Art. 4. This law regulates vocational training at the various levels, initial and complementary, and will apply to the agricultural, industrial, commercial, service, agro-industrial and other productive activities, in accordance with approved plans and programs.
The Institute's Board of Directors will determine the time and manner in which different sectors of productive activity will be incorporated into this system.
Art. 5.-The Ministry of Labor and Social Welfare will be the primary unit of the Institute and will exercise the general liaison functions between the Executive Body and the INSPAUP.
The Ministry of Planning and Coordination of Economic and Social Development will be the liaison unit for the financial and technical cooperation to be managed and channeled through this pipeline.
CHAPTER II PRIVILEGES OF THE INSAFORP
Art. 6.-The INSPAUP will have the following powers:
a) Develop and review the national vocational training policy periodically, specifying medium and long-term objectives and goals;
b) Organising, developing and coordinating the vocational training system;
c) Conduct research to determine quantitative and qualitative needs of qualified human resources for the different economic sectors, branches and occupational groups, and plan the Subsequent actions;
d) Dictate rules and evaluate and approve training programs professional, both public and private;
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e) Grant and authorize occupational certification to persons trained within the system, with
f)technical support to institutions engaged in vocational training, in particular in the technical and pedagogical preparation of instructors, certifying the level of education and training of trainers,
g) Coordinate and promote training action with others public and private institutions dedicated to educational, scientific and technological development;
h) To directly develop courses and to develop vocational training actions in areas of priority interest for the development of the country;
i) Design global or specialized professional training programs focused on the requirements of companies, which are integrated or coordinated with technical and financial assistance provided by other institutions;
j) Regulatory project for the complementarity and cooperation between formal education systems and non-formal, including criteria for establishing coordination mechanisms;
k) Identify technical and financial cooperation needs in the field of vocational training and coordinate their use
l) Formulate the project
m) Normar and coordinate the linkage between institutionalised vocational training and practice in enterprises;
n) Analyzing the social and economic policies of the European Union. recommendations, resolutions and conventions of the International Labour Organisation and others international bodies in the field of vocational training and to manage their implementation or ratification when approved;
n) Other laws.
CHAPTER III ADDRESS AND ADMINISTRATION
Art. 7.-The management and administration of the INSPAUP will be in charge of the following agencies:
a.-The Board of Directors
b.-The Executive Direction
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Art. 8.-THE STEERING BOARD WILL HAVE A TRIPARTITE STRUCTURE, FORMED BY THE SECTORS GOVERNMENT, EMPLOYER AND LABOR. IT WILL BE COMPOSED OF TWELVE OWNERS AND TWELVE ALTERNATES, AS FOLLOWS:
1-BY THE GOVERNMENT SECTOR, FOUR OWNERS ' REPRESENTATIVES AND THEIR ALTERNATES, APPOINTED BY THE MINISTRIES OF LABOR AND SOCIAL SECURITY, EDUCATION, ECONOMIC AND EXTERNAL RELATIONS.
2-BY THE EMPLOYER SECTOR, FOUR OWNER REPRESENTATIVES AND THEIR ALTERNATES.
3-BY THE LABOR SECTOR, FOUR OWNERS AND THEIR ALTERNATES.
THE MINISTRIES OF LABOR AND SOCIAL SECURITY, EDUCATION, ECONOMY AND FOREIGN RELATIONS, EACH WILL APPOINT BY EXECUTIVE AGREEMENT, THE OWNER AND ALTERNATE DIRECTOR WHO WILL REPRESENT THE GOVERNMENT SECTOR ON THE BOARD OF DIRECTORS. FROM THE INAFUP.
THE REPRESENTATIVES OF THE EMPLOYER SECTOR THAT WILL INTEGRATE THE BOARD OF DIRECTORS OF THE SALVADORAN INSTITUTE OF VOCATIONAL TRAINING, WILL BE ELECTED AND APPOINTED BY THE PRESIDENT OF THE REPUBLIC, AN OPEN LIST OF CANDIDATES OF THE EMPLOYERS ' ORGANISATIONS HAVING DULY APPROVED LEGAL STATUS. THE ENTITIES MENTIONED IN THIS SECTION, WHO WISH TO INCLUDE CANDIDATES IN THE LIST, MUST SELECT THEM ACCORDING TO THEIR INTERNAL ORDER.
THE REPRESENTATIVES OF THE WORKERS WHO WILL INTEGRATE THE BOARD OF DIRECTORS OF THE INSANFORP WILL BE ELECTED BY THE CONFEDERATIONS AND FEDERATIONS OF UNIONS THAT HAVE LEGAL PERSONALITY, DULY APPROVED.
THE REGULATION OF THIS LAW SHALL ESTABLISH THE PROCEDURE FOR THE CHOICE OF THE EMPLOYER AND LABOUR SECTORS. (2) (3)
Art. 9. THE STEERING BOARD SHALL CONSIST OF A CHAIRMAN, A VICE-PRESIDENT AND TEN DIRECTORS.
THE PRESIDENT AND THE VICE-PRESIDENT WILL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC, AMONG THE REPRESENTATIVES OF THE GOVERNMENT SECTOR. DECLARED UNCONSTITUTIONAL
THE PRESIDENT WILL BE THE LEGAL REPRESENTATIVE OF THE INSANFORP AND IN CASE OF ABSENCE FOR ANY REASON, HE WILL BE REPLACED BY THE VICE PRESIDENT AND IN THE ABSENCE OF THIS ONE, BY WHOM HE APPOINTS THE BOARD OF DIRECTORS. IN THE EVENT THAT THE VICE-PRESIDENT REPLACES THE PRESIDENT, THE SUBSTITUTE FOR WHOM HE MAKES THE VICE-PRESIDENT, HE SHALL BE THE ALTERNATE REPRESENTATIVE OF THE MINISTRY TO WHICH HE BELONGS. (3)
Art. 10.-The Directors will last for three years and may be re-elected only for one more period.
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They will not be able to be removed but is for justified cause.
Art. 11.-The members of the Board of Directors shall be Salvadorans, over twenty-five years of age, of recognized honorability and competence.
Art. 12.-They may not be members of the Board of Directors
a) The spouses or relatives within the fourth degree of consanguinity or second degree of affinity of the other members of the Board of Directors or of the Executive Director.
b) The members who have been found to be fraudulent or convicted of crimes of any kind.
c) Those who are unable to perform the charge for other legal reasons.
When any of the causes exist or are over. mentioned in this article will expire the management of the respective member of the Board of Directors and
the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors.
However, the acts authorised by any Director, before the existence of the cause of inability or incompatibility has been declared, shall not be invalidated with respect to the INSPAORP or to the detriment of third parties. The Rules of Procedure of this Law will regulate the Committee of Honour.
Art. 13.-The owners shall be replaced by the respective alternates in the cases of death, resignation, absence, excuse or temporary impediment, with the same rights and powers. The replacement will complete the period that the Owner Director would have started.
Art. 14.-The Board of Directors shall hold ordinary and extraordinary sessions. Ordinary sessions shall be held only once a week and shall be convened by the Executive Director. The extraordinary sessions shall be convened by the Director-President of the Board of Directors, on his own initiative, at the request of the Executive Director or four of its members.
Art. 15. Members of the Board of Directors, owners and alternates shall receive daily allowances for the sessions to which they attend, in accordance with the special budget of the INSPAORP. No more than four sessions may be remunerated in a calendar month.
Art. 16. At least six Directors shall be present for the session to be held. Decisions shall be taken at least with six votes, whichever is the number of the members who attend. In case of a tie, the President, or whoever does his or her times, will have double voting.
Art. 17.-When any member of the Board of Directors or the Executive Director has any personal interest in any matter to be discussed, resolved or held by its members, spouses or relatives within the fourth degree of consanguinity or second of affinity, you must communicate your impediment to the Board of Directors, withdraw from the session as soon as you start dealing with the matter and stay out of it
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until a decision is reached, so that the resolution is invalid.
CHAPTER IV EXECUTIVE BOARD ATTRIBUTIONS
Art. 18.-The Board of Directors will have as main functions to dictate policies, approve the plans of action of the INSPAORP and to ensure its compliance and, in general, to seek the proper execution of the attributions of the Institute.
Art. 19. The Board of Directors shall also have the following powers:
a. Approve the draft annual budget and the salary system of the INSPAORP, for the consideration and approval of the competent bodies;
b. Approve the annual work plan, internal regulations, and technical and administrative organization;
c. Establish a system of information on the international technical and financial cooperation received by the members of the system, in order to facilitate the proper coordination of vocational training plans and projects;
d. Propose to the Executive Body the reforms to the legislation and draft regulations it deems appropriate, in order to achieve structural and functional improvements of the vocational training system;
e. Approve the Institute's technical and financial cooperation agreements;
f. Propose to the competent authority the creation of mechanisms that enable the relationships between school education and vocational education systems;
g. Approve the annual work report;
h. Approve the investment plans;
i. Authorize the sales of products obtained in the development of the vocational training programs carried out by the Institute;
j. To direct the general policy of the INSPAORP and coordinate it with the economic and social development policy of the State, in all the fields of action assigned to it by the laws and its regulations, according to the needs of the labor market;
k. Appoint or hire the Executive Director, Deputy Executive Director and Internal Auditor, and fix their emoluments;
l. Integrate the committees and workgroups you deem necessary;
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m. To coordinate and develop, relations with other public or private sector entities, national or foreign, in accordance with relevant legal norms and institutional policy;
n. To exercise the other functions, duties and privileges established by this law and its regulations and those that are not specifically assigned to any official and body of the Institute;
CHAPTER V EXECUTIVE MANAGEMENT
Art. 20-The Executive Director and the Deputy Director shall be appointed by the Board of Directors of the INSPAUP for the term of four years and may be re-elected. The Executive Director shall be the administrative officer of the Institute and shall carry out his duties at full time. In his absence he will be replaced by the Deputy Executive Director.
Art. 21. In the event of a conviction for a crime, a manifest incapacity or a serious infringement of this law, the regulations of the INSPAUP to the agreements validly taken by the Board of Directors, the latter may remove the Executive Director and appoint the Deputy Director by the term of Law.
Art. 22.-The Executive Director shall be directly responsible for the correct technical, administrative and financial management of the Institute within the guidelines established by the Law, its regulations and by the Board of Directors.
Executive may delegate his or her own responsibilities to the Deputy Executive Director or other official of the Institute, with the authorization of the Board of Directors.
Art. 23.-To be Executive Director or Executive Sub-Director requires:
a. Be Salvadoran by birth;
b. Be in the enjoyment of civil and political rights;
c. Possess a university academic degree and experience in charge;
d. Not to be a spouse or relative, within the fourth degree of consanguinity or second degree of affinity of any of the members of the Board of Directors.
The prohibition of the previous literal applies also to the Director and Deputy Executive Director to each other.
Art. 24.-The Executive Director shall have the following privileges:
a. To direct the operational and administrative technical activities of the INSPAUP, in accordance with the policies and standards that the Board of Directors determines in this respect;
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b. Administer the human and administrative resources of the INSPAORP in accordance with the relevant laws and regulations;
c. Comply with and enforce the agreements and resolutions of the Board of Directors of the INSPAORP;
d. Attend the meetings of the Board of Directors, exercise the secretariat of the Board and propose the agenda of the sessions;
e. Subject to the approval of the Board of Directors the scheduling of the work, the annual budget projects, the salary system, the annual work memory, the accounting financial statements and the investment plans of the Institute;
f. Propose to the Board of Directors the creation or suppression of the internal administrative bodies that the needs of the Institute require; and
g. Exercise the privileges conferred upon it by this Law, its regulations and those delegated to it by the Board of Directors.
Art. 25.-Corresponds to Deputy Executive Director:
a. Assume the functions delegated to you by the Executive Director;
b. Exercise the other privileges that correspond to you, in accordance with the provisions of this law and its regulations.
CHAPTER VI HERITAGE
Art. 26.-The estate of the INSPAORP will be constituted by:
a. The movable property, property and budgetary allocations which the Government of the Republic of the Republic of the Republic of the Republic is intended for vocational training programmes and which transfers to the INSPAORP;
b. The subsidies and contributions that the state confers on you;
c. COMPULSORY CONTRIBUTIONS UP TO 1%, PAID BY EMPLOYERS IN THE PRIVATE SECTOR AND BY THE OFFICIAL AUTONOMOUS INSTITUTIONS, WHICH EMPLOY TEN OR MORE EMPLOYEES, CALCULATED ON THE TOTAL AMOUNT; "OF THE MONTHLY WAGES AND SALARIES", EXCEPT FOR THE EMPLOYERS OF THE AGRICULTURAL SECTOR, THEY WILL BE LISTED AS 1% OF THE PERMANENT WORKERS ' WAGES. THIS CONTRIBUTION IS LEGALLY ESTABLISHED IN ACCORDANCE WITH THIS LAW. THE EMPLOYERS OF THE AGRICULTURAL SECTOR WILL NOT BE LISTED ON THE PAYROLL OF TEMPORARY WORKERS; (1)
d. The funds and utilities from investments made by the Institute in securities and interest in bank deposits;
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e. The funds from products obtained in the development of vocational training programs and any activities developed by the INSPAORP, in or out of the country;
f. Funds that you obtain from internal or external loans;
g. The inheritances, legacies, donations, and other assets that you obtain for any title;
h. The product resulting from the application of penalties prescribed by this Law.
Art. 27.-The Board of Directors of the INSPAUP is empowered to establish appropriate mechanisms in order to capture the mandatory contributions established under this law.
Art. 28. In order to cover the employer's contribution to this law, the salary of the workers will not be affected in any case.
Art. 29.-In the contracts for the acquisition of goods or services that the INSPAUP will hold, the General Budget Directorate will not intervene, nor will it be subject to the provisions of the Law of Supplies.
CHAPTER VII FINANCIAL SYSTEM
Art. 30.-The budget for fixed, managerial and administrative expenses shall not exceed the percentage established in the Regulation of this Law in relation to the financial resources of the financial year. The operating budget or operations will be primarily fixed according to the schedule of programs demanded by the productive sectors and the resources available for specific periods.
Art. 31.-The financial year of the INSPAORP is fixed in one year, from the first of January to the thirties and one of December. The actual surpluses that will result at the end of each financial year will become part of your wealth.
Art. 32.-The Board of Directors of the INSPAORP is empowered to acquire goods or services up to the sum of one hundred thousand colones, but it must promote competition or tender when it is dealt with higher erogations of that sum. The Executive Director will have the same faculty, but up to fifty thousand colones.
Art. 33. The Institute is authorized to dispose of the property of its property, in accordance with the procedures laid down in the relevant laws.
Art. 34.-The INSAFORP may manage and contract long-term or medium-term borrowings to finance activities that it cannot develop with ordinary income.
Art. 35. The inspection and surveillance of the operations and the accounting of the Institute shall be carried out by an Internal Auditor appointed by the Board of Directors of the Institute. The Internal Auditor must be
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certified public accountant or public accountant, will last for a year in the performance of their functions and may be re-elected for equal periods. The Board of Directors may contract the services of an External Auditor to ensure the correct use of the Institute's funds.
Art. 36.-The Institute shall be subject to the post-audit of the Court of Auditors of the Republic.
Art. 37.-When the Board of Directors considers it appropriate, it may submit any act, operation or erogation that it intends to carry out prior to the approval of the respective Delegate of the Court of Auditors. If this is denied, the decision of the President of the Court of Auditors of the Republic may be used.
Art. 38. For the audit work of the Court of Auditors of the Republic, appropriate systems shall be adopted for the special nature of the Institute, in accordance with the gender of its activities, respecting its administrative autonomy and technical modalities.
Art. 39.-The Institute shall enjoy customs relief for the importation of machinery, equipment, materials, supplies and other elements necessary for the performance of its purposes.
CHAPTER VIII TRANSITIONAL AND DEROGATORY PROVISIONS
Art. 40.-The contributions from the employers established by this law shall be compulsory from 1. of June 1994.
A transitional system of graduality is established for the system of compulsory contributions set out in Article 27 literal "c" of this law, consisting in that the limits set in that rule will be reached in a period of five years by means of annual, equal and successive increases in the amount of one fifth of the maximum percentages indicated.
Art. 41.-As long as the INSPAORP does not have its own system of collecting the contributions, these will be collected by the Salvadoran Social Security Institute, on the dates and with the formalities with which the contributions of The said Institute.
Art. 42. During the transitional arrangements referred to in the previous article, the system of collection of the contributions of the INSPAORP will be the same as the date of validity of this law has established the Salvadoran Social Security Institute, including penalties and surcharges for arrears in the payment of contributions and a lack of remission of plans. The Directorate-General of that Institute is empowered to issue the relevant resolutions, as provided for in this Law.
Art. 43.-The Salvadoran Social Security Institute will collect the contributions in the name and representation of the INSPAORP, depositing the amounts received in the bank account of this one, as it is received.
Art. 44.-The State shall transfer to the INSPAORP the resources indicated in this Law within a maximum period of one hundred and eighty days from the date of its validity, according to the inventory duly
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approved.
Art. 45.-The human resources which the Ministry of Labour and Social Welfare will devote to vocational training programmes will be incorporated into the INSPORP and their salaries will continue to be paid from the respective budget lines of the Ministry of Labour and Social Welfare. Ministry as long as the Institute does not have its own budget.
The human resources of the remaining ministries and state entities that are destined for vocational training programs will be incorporated into the INSPAUP in accordance with the National vocational training policy to be adopted.
Art. 46.-Interest and redemptions relating to GOES/BIRF/1571-ES and GOES/AID borrowings concerning specific vocational training programmes shall be assumed by the State, including the corresponding items in the national budget.
Art. 47. This law shall prevail over any other than the contrary and repeals the legal provisions to be opposed to it.
Art. 48.-The first Board of Directors shall take possession of its office within ninety days from the date of this Law.
CHAPTER IX REGULATION AND VALIDITY
Art. 49.-The Board of Directors within a period of sixty days, counted from the validity of this law, shall present the respective draft of the Rules of Procedure to the President of the Republic for approval.
Art. 50.-This Law will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, two days of the month of
June of one thousand nine hundred and ninety-three.
LUIS ROBERTO ANGULO SAMAYOA PRESIDENT
CIRO CRUZ ZEPEDA PEÑA RUBEN IGNACIO ZAMORA RIVAS VICE PRESIDENT
MERCEDES GLORIA SALGUERO GROSS VICE PRESIDENT
RAUL MANUEL SOMOZA ALFARO JOSE RAFAEL MACHUCA ZELAYA SECRETARY-SECRETARY
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SILVIA GUADALUPE BARRIENTOS RENÉ MARIO FIGUEROA FIGUEROA SECRETARY
REYNALDO QUINTANILLA PRADO SECRETARY
CASA PRESIDENTIAL: San Salvador, eight days into the month of July of a thousand nine hundred and ninety-three.
PUBESQUIESE,
ALFREDO FÉLIX CRISTIANI BURKARD, President of the Republic.
JUAN SINFONTES, Minister of Labour and Social Welfare.
MIRNA LIEVANO DE MARQUES, Minister Planning and Coordination
of Economic and Social Development.
D. O. NO 143 TOMO NO 320 DATE: 29 July 1993.
MHSC/ngcl
REFORMS:
(1) D.L. Nº 455, SEPTEMBER 21, 1995; D.O. No. 189, T. 329, OCTOBER 13, 1995.
(2) D.L. NO. 81, AUGUST 17, 2012; D.O. NO. 154, T. 396, AUGUST 22, 2012.
(3) D.L. Nº 127, SEPTEMBER 14, 2012; D.O. NO 220, T. 397, NOVEMBER 23, 2012.
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UNCONSTITUTIONALITY:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY WAY OF SENTENCE No. 86-2010, PUBLISHED IN D. O. No. 29, T. 406, OF FEBRUARY 12, 2015, DECLARES UNCONSTITUTIONAL THE ART. 9 INC. 2 °, FOR INFRINGING THE RIGHT TO EQUAL D IN THE FORMULATION OF THE LAW -ART. 3 INC. 1 ° CN.-BY MAKING IT IMPOSSIBLE FOR THE MEMBERS OF THE LABOR SECTOR TO BE CONSIDERED ELECTED AS PRESIDENT AND VICE-PRESIDENT OF THE BOARD OF DIRECTORS OF THE INSANFORP, WITHOUT ANY OBJECTIVE AND REASONABLE JUSTIFICATION FOR THIS. (JQ/11/03/15)
JCH 11/12/12
JQ 11/03/15
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