Machine Translation of "Work Code." (El Salvador)

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CHAPTER III OF WORKERS ' OBLIGATIONS AND PROHIBITIONS

SECTION FIRST

OBLIGATIONS

Art. 31. -They are obligations of the workers:

1st) To carry out the work agreed. In the absence of stipulations, the employer or its representatives shall indicate to them, provided that it is compatible with their fitness or fitness and that it is related to the business or industry to which the employer is engaged;

2nd) To obey the instructions they receive from the employer or their representatives regarding the performance of their duties;

3rd) To carry out the work with appropriate diligence and efficiency and in the form, time and place agreed upon;

4th) To keep a rigorous reserve of the business secrets of which they have knowledge by reason of their position and on the matters administrative whose disclosure may cause

damages to the company;

5th) Observe good conduct in the workplace or in the performance of its duties;

6th) Restitution the employer in the same state in which it was delivered, the materials it has provided for the work and which it has not used, unless such materials

have been destroyed or damaged by chance or force majeure or by defects arising from their poor quality or defective manufacture;

7ª) Keep in good condition the instruments, machinery and tools of property of the employer who is in his care, without in any case having to respond to the deterioration caused by the natural use of these objects, nor of the occasioned by chance or

force majeure, neither of the coming of its poor quality or defective manufacture;

8th) To provide assistance in any time that is needed, when by accident or imminent risk within the company, the personal integrity or the interests of the employer

or of his co-workers;

9ª) Disoccupy the house or room provided by the patron, in the term of thirty days counted from the date the work contract ends for any cause. If the worker finds another job within thirty days, he/she must vacate the

house or room no later than three days after the day he entered the service of the new employer; but he/she must immediately disengage in the service

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its services for any cause, when occupying the house or room is inherent in the presentation of the work.

If the worker does not comply with the provisions of the previous paragraph, the competent Labor Judge, at the request of the employer, shall order the launch without further processing or diligence;

10ª) Submit to medical examination when required by the employer or the administrative authorities in order to check his health status;

11th) To strictly observe all the requirements concerning hygiene and safety established by the laws, regulations and administrative provisions; and those that indicate the employers for the safety and protection of workers and places of work;

12th) Meet the corresponding internal rules of work; and

13th) All that this Code and other sources of labor obligations impose on them.

SECOND SECTION

BANS

Art. 32. -Workers are prohibited:

1) Abandon work during the working day without justified cause or employer's license or immediate bosses;

2nd) Employ the useful, material, machinery or tools provided by the employer, for purposes other than that which are normally intended or for the benefit of

persons other than the employer;

3rd) Make any kind of propaganda in the workplace during the performance of the

tasks; and

4th) Porting weapons of any kind during the performance of the tasks, unless

those are necessary for the provision of services.

CHAPTER IV OF DISRUPTION OF WORK AND REDUCTION OF DAY BY CASE

FORTUITOUS OR FORCE MAJEURE

Art. 33. -There is interruption of work when by chance or force majeure, as lack of matter

premium, motive force or other similar, the services cease to be provided for a period not exceeding three days.

If the consequences of the fortuitous case or force majeure are attributable to the employer, the employer will have an obligation to pay the affected workers, the equivalent of the full ordinary wages that

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cease to become an accrual during the interruption; otherwise, the employer's obligation will be only to pay the equivalent of fifty percent of such wages.

Art. 34. -If the fortuitous case or force majeure only results in the reduction of the ordinary working day, being the consequences of those imputable to the employer, this will have the obligation

to pay to the workers affected, in addition to the salary for the time worked, an equivalent to which they will leave due to the reduction, whatever the time that the latter will last.

If the consequences of the fortuitous case or force majeure are not attributable to the employer, the obligation of the employer shall be to pay the workers concerned, in addition to the salary for the time worked, an equivalent of fifty per cent of which they shall leave due to the reduction, up to a maximum of three days. After these, the workers will only pay the salary corresponding to the time

that they work.

CHAPTER V

OF THE WORK CONTRACT SUSPENSION

Art. 35. -A contract of employment is suspended, when for some time it ceases to supply

effects on the provision of services and the payment of wages.

The suspension can affect all of the work contracts of a company, establishment

or work center, or a part of them.

Art. 36. -The contract of employment is suspended for the following reasons:

1st-By force majeure or fortuitous case, as lack of raw material, motive power or other similar, from the fourth day of interruption of the work when the consequences

of such force majeure or fortuitous case do not force imputable to the patron;

2nd-By the death of the employer or the legal, physical or mental incapacity of this one, provided that

brings as a direct consequence the suspension of the tasks;

3rd-For legal strike or legal strike;

4th-For temporary incapacity resulting from accident of work, occupational disease, illness or common accident;

5th-For illness or accident that temporarily prevents the employer from directing the work, when his or her absence damages or inevitably the normal development of the work;

6ª-For the arrest of any class that the worker suffers or for the penalty of arrest of the same imposed by competent authority;

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7ª-For the arrest of any class suffering the employer, provided that as a result of which the work at the company is suspended or inevitably,

establishment or working centre, and if in the prudential judgment of the Judge of Labor the arrest will be unfounded;

8th-For the pre and post-natal rest:

9th-For the provision of the compulsory military service of the worker or the employer, or by the

incorporation of any of them to the State service in case of a national emergency. If the employer is to be treated, it will be necessary for the provision of such services to suspend or inevitably suspend the work in the undertaking, establishment or working centre; and

10th-For the worker to have a compulsory public charge which is incompatible with the work carried out; or to be employed by the employer when this is suspended or

inevitably the work in the undertaking, establishment or working centre.

Art. 37. -Work contract may also be suspended:

1-By mutual consent of the parties;

2nd-By lack of funds and the impossibility of obtaining them for the normal pursuit of the works, assessed prudentially by the Judge of Labor;

3rd-For the impossibility of operating the company or establishment with a reasonable minimum of utility;

4th-For the need to reduce the activities in the company or establishment, taking into account its economic possibilities and the circumstances of the market;

5th-For the manifest or imminent illness of the worker who puts or can endanger the health of other workers, the employer, the family members of his or her representatives;

6th-By the manifest or imminent illness of the employer, his or her family members or their representatives, which puts or can endanger the health of workers;

7-When by reason of the compliance with labour standards the worker does not have to provide services; and

8-When the exercise of a managerial position in a professional association, prevents the worker from engaging in the normal performance of his duties.

Art. 38. -In the event of any of the acts constituting the causes referred to in Art. 36 and in the ordinal 7th of Art. 37, the suspension of the contract is automatically produced.

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Dealing with the causal of mutual consent, the suspension on the same day of the agreement of the parties shall be presumed.

Art. 39. -Professional association interested in obtaining the suspension of the contract of work for the reason 8ª of Art. 37, must give notice to the patron of such purpose, through the Department

National of Social Organizations of the Ministry of Labor and Social Welfare.

This notice will express the likely date on which the manager will resume his duties and will be

accompanied by the document in which the latter's consent is recorded.

In the case of this article, the contract shall be suspended immediately after three days from the date following that in which the notice is notified to the employer.

Art. 40. -The employer may sue before the Judge of Work the suspension of the contract for the cause expressed in the previous article, when for frequent licenses granted under the provisions of the provisions

in the section c) of the 6th Art. 29, the interests of the company or establishment are seriously damaged, in the technical or economic order.

Art. 41. -In the other cases included in Art. 37, the suspension shall operate by means of the procedure laid down in this Code.

Art. 42. -In the cases of the ordinals 2nd, 3rd and 4th of Art. 37, the employer is obliged to give notice to the workers who will be affected, of their purpose to suspend the contracts. Such notice shall be given by the competent judge.

The employer may not suspend the work until 30 days after the date of the notice to the workers of the notice.

The suspension of work ordered by the employer, in contravention of the provisions of the foregoing, will entitle the workers to claim the benefit established in the 2nd Art.

29, and such a right will have it even if in the judgment of the respective trial the suspension of the contracts is declared coming.

Art. 43. -If the employer suspends the work after the period indicated in the previous article and does not promote the respective judgment or promoting it, the suspension of the contracts shall be declared inadmissible in the judgment, the workers shall have the same right of the ordinal 2nd of Art. 29, for the time that such suspension of work will be undue. In the latter case, the

conviction will not be able to understand more than the equivalent of ninety days of salary.

Art. 44. " The suspension of the contract for the first reason

of Art. 36, or more than three months, shall not last for more than nine months, in accordance with the provisions of the 2nd, 3rd and 4th Art. 37. In the case of Art. 40, the suspension shall be for the duration of the exercise of the office.

Art. 45. -The suspension of the contract ends with the disappearance of the cause which is the reason or, if applicable, the maximum duration of the duration that the previous article sets for that time. Within three

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working days, workers will be required to report back to work. However, in the case of the causes 1ª, 2nd, 5th and 7th, and in their case, of the 9th and 10th, all of Art. 36 and

of the ordinals 2nd, 3rd, 4th and 6th, of Art. 37, those three days shall be the following to the one in which by any formal means, the employer warns the workers of the expressed resumption. Such notice must be given immediately after the cause of the suspension has disappeared.

The worker or workers who, having presented themselves in time to resume their services, may not be able to do so as a cause imputable to the employer, shall have the right which arises from the obligation

as determined by Art. 29.

Art. 46. -The suspension of the contract will not affect the seniority of the worker; but the time that will last will not be computed as time worked.

CHAPTER VI OF CONTRACT RESOLUTION

Art. 47. [La Nacion] When the employer's duties were to be refused without a fair cause to occupy the worker or in any event, when he will be assigned to a work of a different nature

to that of the contract, the worker will be able to sue the Labor Judge for the termination of the contract and the compensation of the damages caused by the failure of the worker.

If, in order to conclude this contract, the worker has had to resign from a previous post, the amount of damages cannot be estimated at a lower amount than that which would have been awarded to him for compensation in the event that he was unfairly dismissed from his

previous position.

However, if the worker becomes involved, from the date of the initiation of the

tasks, a work other than the agreed one, he will not have the right to declare the termination of the contract or the corresponding compensation for damages after thirty days.

For the purposes of the second indent, certain data contained in the constancy referred to in Art. 85 of this Code shall be presumed.

CHAPTER VII OF THE TERMINATION OF THE CONTRACT

SECTION FIRST

TERMINATION CAUSES WITHOUT LIABILITY FOR EITHER PARTY AND WITHOUT JUDICIAL INTERVENTION

Art. 48. -The contract of employment will end without responsibility for either party, and without the need for judicial intervention, for the following reasons:

1st)-For compliance with the deadline;

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2nd)-For the death of the worker;

3rd)-For the termination of the business as a direct and necessary consequence of the death of the employer;

4th)-For the legal, physical or mental incapacity of any of the parties that makes it impossible to fulfill the contract, or the continuation of the company or establishment in its case;

5th)-For the dissolution or liquidation of the society, association or institution holder of the undertaking or establishment, where it has been produced by the completion of the business or the object for which they were created, or because they are both impossible to carry out;

6th)-By force majeure or fortuitous case, where its consequences are not attributable to the employer and provided that they necessarily result in the termination of all or part of the business;

7ª)-By the total or partial termination of the company's activities, decided by the liquidator or agreed by the Board of Creditors in the cases of bankruptcy or fortuitous contest; and

8th)-BY THE EXECUTED JUDGMENT THAT IMPOSE THE PENALTY OF IMPRISONMENT ON THE WORKER; OR A EXECUTED SENTENCE THAT IMPOSES THE EMPLOYER ON THE SAME

PENALTY, WHEN HIS ABSENCE PRODUCES NECESSARY AND INEVITABLY THE TERMINATION OF THE BUSINESS. (7)

SECOND CAUSAL SECTION OF TERMINATION WITHOUT LIABILITY

FOR NONE OF THE PARTIES REQUIRING JUDICIAL INTERVENTION

Art. 49. -Will also terminate the contract without liability for any of the parties, with judicial intervention, for the following reasons:

1st-For the definitive, total or partial closure, of the company or establishment, or the definitive reduction of the duties, motivated by incosteability of the business and authorized by

judgment of the competent Judge of Work.

The incosteability must have lasted three months at least, or a longer period than the judge deems reasonable, taking into account the nature and importance of the business.

In addition, in the case of partial closure or definitive reduction expressed, the economic situation must be of such gravity that it can lead to the total incosteability of the business; and

2nd-By the closing of the business, motivated by exhaustion of the matter that is exploited in the extractive industries, and authorized that by the judgment of the Judge of Labor

competent.

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THIRD CAUSAL SECTION OF TERMINATION WITHOUT LIABILITY TO THE EMPLOYER

Art. 50. -The employer may terminate the contract of employment without incurring liability, for the following reasons:

1-For having cheated the worker to the employer when concluding the contract, presenting to him

false recommendations or certificates about his fitness. This cause will no longer have an effect after thirty days of providing the worker's services;

2nd-By repeated negligence of the worker;

3rd-By the loss of the trust of the employer in the worker, when the worker performs a charge of management, supervision, supervision or other of equal importance and responsibility.

The respective Judge will prudentially appreciate the facts that the employer has established to justify the loss of trust.

4th-To reveal the secret worker of the company or to take advantage of them; or to disclose administrative matters of the same that may cause harm to the employer;

5th-For serious acts of immorality committed by the worker within the company or establishment; or outside of these, when he will be in the performance of his duties;

6th-By committing the worker, in any circumstance, acts of disrespect against the employer or some boss of the company or establishment, especially in the workplace or out of it, during the performance of the tasks. All without any

preceded immediate provocation by the boss or patron;

7th-By committing the worker serious acts of disrespect against the spouse, ascendant,

descendant or brothers of the employer, when the worker knows the family bond and provided that there is no immediate immediate provocation on the part of those persons;

8th-By committing the worker acts that seriously disturb the order in the company or establishment, altering the normal development of the work;

9th-For causing the worker, maliciously or by negligence serious, material damage

in buildings, machinery, raw materials, works, installations or other objects related to the work; or for injury with intent or gross negligence, any other property or the economic interests of the employer;

10th-To put the worker in grave danger, by malice or gross negligence, the safety of the persons mentioned in the grounds 6ª and 7th of this article, or that of their

co-workers;

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11th-To put the worker in grave danger, through malice or gross negligence, the safety of the buildings, machinery, raw materials, works, installations and other objects

related to the work;

12th-For missing the worker to their duties without the permission of the employer or without justified cause,

for two full and consecutive working days; or for three working days In the same calendar month, it is understood by such, in the latter case, not only the full days but even the means days;

13-For not showing the worker, without fair cause, to perform their duties on the date agreed to initiate them; or for not showing up to resume them, without fair cause within the three days referred to in Art. 45;

14ª-When however the worker to resume his duties within three days of the one in which he was released, after having served the sentence

of arrest, the failure committed has been against the person or property of the employer or of his/her spouse, ascendants, descendants or siblings, or against the person or property of any boss of the company or establishment or of any co-worker;

15ª-When the worker is however to resume his duties within three days of the time he was released, after having been in

provisional detention, the offence for which he is prosecuted has been against the person of the employer, his spouse, ascendants, descendants or siblings, or in the person of any boss of the undertaking or establishment or co-worker; and in any case,

when dealing with property crimes, against public finances or falsehood;

16-For disobeying the worker to the employer or his representatives in a manifest manner,

for no reason just and always for matters related to the performance of his duties;

17ª-By contravening the worker in a manifest and repeated manner the preventive measures or the procedures to avoid professional risks;

18-For ingesting the worker inebriating drinks or making use of narcotics or drugs place of work, or for showing up to or carrying out the work in a drunken state or under the influence of a narcotic or a power drug;

19th-For infringing the worker some of the prohibitions contained in Art. 32, provided that for the same reason he has been admonished, within the previous six months, by means of the General Inspection of Labor; and

20-For the failure to comply or to violate the worker, seriously, any of the obligations or prohibitions emanating from one of the sources referred to in Art. 24.

Art. 51. -The employer will not be able to terminate the contract for negligence or inefficiency of the

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worker, when they are due to illness or move from the same to a position of greater responsibility. In this second case, the worker must be reinstalled in his/her previous position, unless

has already been three months since the date of the ascent. Within this period, the worker who is considered to be inefficient in his new position may request that he be reinstated in the post he occupied before and the employer must access the requested.

Art. 52. The worker must pay the employer the amount of damages caused by any breach of the employment contract. This amount shall be estimated prudentially by the

competent Working Judge, who is satisfied with the circumstances, shall determine the manner in which the worker must find out.

SECTION FOURTH

TERMINATION CAUSES WITH RESPONSIBILITY FOR THE EMPLOYER

Art. 53. -The worker will have the right to terminate the contract of employment with

liability for the employer, for the following reasons:

1st-When without a fair cause, the employer reduces the salary to the worker, or performs

any act that produces that same effect, or moves it to a position of lesser category, or makes it to the performance of a job of a nature other than that of the contract. These causes will cease to have effect after thirty days

of the reduction, the transfer or destination said;

2nd-For deceiving the employer to the worker, at the time of the contract, about the

conditions in which the tasks should be carried out. This cause will also cease to have effect after thirty days worked by the worker in the company or establishment, counted from the one in which the service was initiated;

3rd-By committing the employer, in the workplace, against the worker or group of workers in which he or she forms part, or against all the personnel

of the company, acts that seriously injure their dignity, feelings or moral principles;

4th-For bad treatments of work or word, by the employer or head of the company or establishment, against of the worker or against his/her spouse, ascendants, descendants or siblings, provided that the employer or bosses know the family bond;

5th-For damages that the employer causes for malice, directly or through another person, or for gross negligence on his part, in the tools, implements of work, or anything else, with such that they are the property of the worker, or that, being

third person, they are under his responsibility. If the damages are caused by slight negligence or levisima, the worker may not demand termination when the employer is committed to resarroting them;

6th-By acts of the employer or his representatives who endanger life or health

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of the worker;

7ª-For serious danger to the worker's life or health, due to a lack of hygienic conditions in the workplace, or in the housing provided by the employer under the employment contract; and, in general, for non-compliance with the employer, of the measures

preventive or prophylactic prescribed by law or by administrative provision of competent authority;

8th-In the cases of the ordinals 2nd, 3rd and 4th of the Art. 37, if the employer does not resume the performance of the contract within the term that the Judge of the Work has pointed out in order to declare the suspension imparted; and

9th-For violating or violating the employer, seriously, any of the obligations or prohibitions emanating from one of the sources referred to in Art. 24.

In all cases of this article, the worker shall be entitled to be compensated as if he had been dismissed, in the amount and form set out in Articles 58 and 59, as the case may be.

FIFTH CAUSAL SECTION OF TERMINATION BY MUTUAL CONSENT AND BY RESIGNATION

Art. 54. -The contract of employment ends by mutual consent of the parties, or by the resignation of the worker, provided that they are written.

Renunciation produces its effects without the need for employer acceptance.

IF THE TERMINATION OF THE CONTRACT IS BY MUTUAL CONSENT, THERE WILL BE NO LIABILITY FOR THE PARTIES. (7)

SECTION SIXTH OF THE DISMISSAL

Art. 55. -The contract of employment ends with dismissal in fact, except for cases that are excepted by this Code.

The dismissal that is communicated to the worker by person other than the employer or his or her

employer representatives does not produce the effect of terminating the contract of employment, unless such communication is in writing and signed by the employer or any of those representatives.

It is legally presumed that any dismissal is in fact without cause. Also presumed to be the existence of the dismissal, when the worker is not allowed the entrance to the center of work within the corresponding schedule.

The reasons for dismissal are only those determined by law. The worker who

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is in fact dismissed without justified cause, shall be entitled to be compensated by the employer in the amount and form that this Code establishes.

Art. 56. -When any of the facts referred to in the grounds 1, 3 and 4 of Art. 53, or any other depressive or vexatious act for the worker, carried out by the employer or his

representatives, has occurred, the worker may be dismissed and, consequently, withdraw from his work. In all these cases, if the Judge considers the fact alleged and proven to be vexatious or depressive, he will condemn the employer to pay the worker compensation in the amount and form established by the Arts. 58 and 59, according to

the case.

Art. 57. -In those cases in which the contract is suspended, the worker shall be found, by reason of the law, enjoying benefits, dismissal in fact or dismissal with prior judgment, shall not produce

the termination of such contract, except where the cause which has motivated him is prior to that of the suspension; but even in this case, the effects of the dismissal shall not take place until immediately after the latter has been concluded.

CHAPTER VIII SEVERANCE PAY IN FACT WITHOUT JUSTIFIED CAUSE

Art. 58. -Where an employee hired for an indefinite period of time is dismissed from his duties without a justified cause, he shall have the right to be compensated by the employer with an amount equal to the basic salary of thirty days for each year of service and proportionally for fractions of the year. In no

case the compensation will be less than the equivalent of the basic 15-day salary.

FOR THE PURPOSES OF CALCULATING THE COMPENSATION REFERRED TO IN

ABOVE, NO SALARY MAY BE GREATER THAN FOUR TIMES THE CURRENT MINIMUM LEGAL DAILY WAGE. (6) (8)

Art. 59. -Where the contract is term and the worker is dismissed without justified cause, before his due date, he shall be entitled to be compensated with an amount equal to the basic salary which he has earned in the time that he will be missing for the time limit, but in no case shall the

compensation exceed that which would correspond to him if he has been hired for an indefinite period.

Art. 60. -A termination of any contract, whatever the cause may be caused by it,

the employer must give the worker a constancy that expresses only:

a) The date of initiation and termination of the work;

b) The class of work performed; and

c) The salary accrued during the last period of payment.

If the worker wants it, the constancy must also express:

a) The efficiency and behavior of the worker; and

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b) The cause or causes of the termination of the contract.

SECOND TITLE

OF THE JOB SUBJECT TO SPECIAL REGIMES

CHAPTER I OF THE APPRENTICES ' WORK

Art. 61. -Learning contract is the written agreement whereby a person, natural or legal, compels himself or third, to teach another natural person, the practice and technical preparation of a trade, art or occupation, and to pay him equitable remuneration.

These are essential requirements for the existence of this contract, the approval of the respective official of the Ministry of Labour and Social Welfare and registration in the corresponding register.

Art. 62. -They are obligations of the employer to with their apprentices:

a) Pay them the remuneration stipulated in the respective contract;

b) Provide them with teaching and training in all tasks or phases of the trade, art

or occupation;

c) Pay or provide them the economic and social benefits to which they have the right

under this Chapter, contracts and internal regulations;

ch) Provide them with the materials, equipment, tools and tools necessary for the work;

d) To keep them due consideration, abstaining from maltreatment of work or word; and

e) All others that this Chapter or other laws and the respective contract impose upon them.

Art. 63. -They are obligations of the trainees:

a) Respect the employer, his spouse, ascendants, descendants or representatives and observe good conduct in the workplace or in the performance of his or her duties;

b) obey the orders or instructions he receives from the employer or his representatives, regarding the performance of his duties;

c) Observe the necessary application in the performance of his work;

ch) Attend the classes of technical instruction and observe the necessary application; and

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d) All others that this Chapter and the respective contract impose on them.

Art. 64. -apprentices may not be engaged in work incompatible with their physical development, nor in works or tasks other than the trade, art or occupation mentioned in the respective contract.

Art. 65. -The provisions relating to the protection of wages shall apply to the remuneration and benefits which the trainees receive from the employer during training or apprenticeship.

Art. 66. -The system of compulsory social insurance, to the extent and scope determined by the Social Security Law and its regulations, will apply to the learning relationships.

Art. 67. -A apprentices enrolled in the relevant body of the Ministry of Labour and

Social Security who are subject to apprenticeship programs in workshops, factories, companies or private establishments, whose employers do not contribute to the Social Security system, will apply the provisions of this Code on occupational risks and will also enjoy benefits for

disease, as if they were workers.

Art. 68. -In no case will the employer or the trainee incur liability for the termination of the apprenticeship contract.

Art. 69.-THE APPRENTICE IS ENTITLED TO A MINIMUM WAGE TO BE FIXED IN ACCORDANCE WITH CHAPTER II, TITLE III OF THE FIRST BOOK OF THIS CODE. DURING THE FIRST YEAR OF LEARNING, THIS MAY NOT BE LESS THAN FIFTY PERCENT OF THE

MINIMUM SALARY; AND DURING THE SECOND YEAR, IF ANY, IT WILL NOT BE LESS THAN SEVENTY-FIVE PERCENT OF THAT SALARY. FROM THE THIRD YEAR ONWARDS, IT MAY NOT BE PAID AT A RATE BELOW THE LEGAL MINIMUM.

THE MINIMUM AGE OF APPRENTICES, THEIR WORKDAY AND RIGHT TO REST, HOLIDAYS, LICENSES AND OTHER PERMITS, PAID OR NOT, ARE GOVERNED BY THE

PROVISIONS OF THIS CODE.

APPRENTICES HAVE THE SAME UNION RIGHTS AS THE OTHER

WORKERS.

IN OTHER WORDS, LEARNING WILL BE GOVERNED BY THE RULES THAT THE EXECUTIVE BODY APPROVES IN THE FIELD OF WORK AND SOCIAL FORESIGHT. (8)

Art. 70. -Where a worker is subject to courses of extension or retraining in some or some of the tasks or phases of a trade, art or occupation, he shall retain his quality of such and shall enjoy

all the rights and benefits emanating from his individual contract of employment.

CHAPTER II

ADDRESS WORK

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Art. 71. -The contract of work at home must be recorded in writing.

Home workers are those who make articles in their home or another site freely chosen by them, without the supervision or immediate direction of the employer or the representative of the employer and provided that the employer supplies the raw materials, in whole or in part.

The sale of materials made by the employer to the worker in order for the worker to transform them into specific items and, in turn, to sell them to the worker, or any other similar case of simulation,

is considered to be a work-home contract.

Art. 72. -Any employer who occupies the services of home workers must register in the register which the General Labour Inspectorate will take to the effect. You must also carry a book

authorized by that Department, including:

1) The name and surname of your workers and the address of the place where they live;

2nd) The quantity and nature of the work or works entrusted;

3rd) The quantity, quality and price of the raw materials it supplies;

4th) The date of delivery of the raw material to each worker and the date on which they must

return the respective items already made; and

5th) The amount of the salary.

Days that fall between the date referred to by the 4th ordinal will be considered as effective working days, for all legal purposes.

Art. 73. -Employers will be especially obliged to:

a) To set in visible place of the premises where they provide or receive work, the rates of wages;

b) To provide the materials and useful work on the dates and times agreed;

c) To receive the work and pay the wages, in the form, time and place agreed; and

ch) To provide the labor authorities with the reports that they request.

If the employer does not comply with the provisions in the literals (b) and (c), the worker will be entitled to

a compensation for the waiting time, which will be determined according to the basic hourly wage.

Art. 74. -Home workers will be especially obliged:

1) To put the greatest care in the keeping and preservation of the materials and tools that

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receive from the employer;

2nd) To perform a work of the agreed or customary quality; and

3rd) To receive and deliver the work in the agreed days and hours.

Art. 75. -In no case will the wages of the workers at home be inferior to those resulting from the application of the rules contained in Art. 415.

CHAPTER III OF HOME WORK

Art. 76. -The contract of work for domestic service can be held verbally. If so, the employer shall be obliged to extend, every thirty days, at the request of the worker, a record written in common and signed by the worker, in which it is expressed: the name and surname of both, the time of

service, the salary received in the last month and the place and date of issue of the document.

Art. 77. -Domestic service workers are those who are engaged in regular and continuous training

in the work of a household or other place of residence or private room, which does not matter for profit or business for the employer.

The sporadic provision of services other than that expressed in the preceding paragraph shall not be sufficient for the worker to cease to be regarded as domestic.

They are not considered to be domestic service workers and will be subject to the general rules of this Code, which are dedicated to those tasks in industrial, commercial, social and other comparable companies.

Art. 78. -Unless otherwise agreed, the remuneration of the domestic service workers includes, in addition to the agreed salary, the supply of food and room.

Art. 79. -THE EMPLOYER MAY REQUIRE THE WORKER BEFORE STARTING THE WORK, AND WHERE HE CONSIDERS IT NECESSARY, EXCEPT AS PROVIDED FOR IN ARTICLE 30 (14),

THE VOUCHERS RELATING TO HIS GOOD HEALTH AND THE PRESENTATION OF HIS OWN UNIQUE IDENTITY DOCUMENT, WHEN THE PERSON IS OBLIGED TO HAVE IT. (11)

Art. 80. -The domestic service worker is not subject to schedule, but will enjoy a rest

minimum of twelve hours a day, of which ten will be night and continuous, and the other two must be allocated for meals, and in addition to one day of paid rest every week accumulative up to the number of three days. It is understood that workers hired on a monthly basis, have

incorporated in this, the payment corresponding to the rest days.

Art. 81. -The domestic service worker is obliged to provide his services in the days of

as long as the employer so requests. In such a case he will be entitled to a one hundred percent surcharge on his daily wage for the work done in those days.

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Art. 82. -In domestic work the first thirty days are considered as proof and, within this term, either party may terminate the contract without liability.

Art. 83. -Are special causes of termination of the individual contract of domestic work, without liability for the employer, the following:

1st-Adolescent the worker of infectious diseases, unless he has acquired them in the place where he provides his services, in which case the suspension will proceed

of the contract;

2nd-Having the worker vices or bad habits that endanger or impair the domestic order or alter the moral condition of the home;

3rd-For committing the worker serious acts of infidelity or insubordination against the patron, his spouse, ancestors, descendants, or other persons permanently inhabiting

in the home.

CHAPTER IV

AGRICULTURAL WORK

FIRST SECTION

GENERAL PROVISIONS

Art. 84. -The present Chapter regulates the working relationships that take place in the field, in

the work of agriculture, livestock and other closely related to these.

Art. 85. -The contract of work to perform some of the tasks referred to in the article

above, can be held verbally. If that is the case, the employer shall be obliged to extend, every 15 days, at the request of the worker, a record written in common and signed by the worker in which it is expressed: the name and surname of the two, the time of service, the salary received in the last fortnight

and the place and date of issue of the document.

Art. 86. -Field workers may be permanent or temporary.

Are permanent those bound by contracts of the said in the first paragraph of Art. 25, even if in such contracts the term is specified for its termination.

Temporary workers are hired to perform tasks that by their nature are not permanent in the company; or that the tasks are permanent, have been hired to fill temporary or eventual needs in the same.

Permanent workers for temporary work do not lose their permanent quality.

Art. 87. -Temporary workers have no right to stability at work and, by

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consequent, either party may terminate the contract at any time, without cause and without liability for any of them.

Art. 88. -When temporary workers acquire the quality of permanent employees, they shall enjoy all the rights inherent in such quality, as if it has been acquired since the beginning of

the working relationship.

Art. 89. -The initiation, duration and termination of the ordinary working day may vary according to

the nature of the work, needs or emergencies of the work, the time of year or any other just cause; but in no case may it exceed eight hours a day or the workweek of forty-four. Any work done in excess of the ordinary day or the working week will be considered extraordinary work and must be paid with the ordinary salary plus one hundred percent of that salary.

In the holdings in which per usual working day or week of shorter duration than the one established in this article, the workers will keep their rights unchanged.

Art. 90. The employer must grant a weekly rest day to its employees. That day shall be on Sunday, except as provided for in Article 91.

The day of rest will be paid to the worker with an amount equal to the ordinary day's salary.

When the worker is hired after the beginning of the work week, or because of the work he is not obliged to work every day of the work, he will be paid as remuneration of the day

, the equivalent of the sixth part of the ordinary salary due in the week.

The worker will lose the right to the rest day's remuneration when, without a fair cause,

has no assistance in the work, or has abandoned the work.

In the wages agreed per month it is understood that the remuneration of the day of

rest is understood.

Art. 91. -The employer may point out a weekly rest day other than Sunday, to the

workers who provide their services in tasks that are not susceptible to interruption, either because of their nature or because of the damage that such interruption may cause to that person.

Art. 92. -Work carried out on a day of rest must be paid with double salary

ordinary.

The worker who works on the weekly rest day, if he has been entitled to the

remuneration for that day, will enjoy a paid compensatory rest day with basic salary within the next six days.

If the worker has not been entitled to the remuneration of the rest day, he shall enjoy the compensation, but without remuneration.

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Art. 93. -Agricultural workers are entitled to paid rest in the days of the time, as provided for in Chapter VI, Title Third, of this Book.

If the worker is in fact terminated or his contract is suspended without a justified cause, before a day of suueto, and the worker is not remunerated, the employer must pay it.

Art. 94. -The employer will be obliged to provide a plot free of charge to the worker who has permanently lived in the inheritance, so that he makes crops that contribute to the subsistence of the

and his family. The extent of such a plot will be in proportion to that of the whole inheritance, to the number of workers who live permanently in it and whenever it has uneducated areas available. In case of doubt about the extent of the plot, the National Department of Agricultural Inspection will be available.

The employer must allow the worker to raise poultry or other domestic animals in the premises where the latter's house is located; but the worker must avoid such animals

causing damage to the crops or crops of the employer or other persons, and to comply with the provisions on hygiene for such cases.

Art. 95. -Workers may constitute cooperatives and the employer must permit its operation.

SECTION SECOND SPECIAL PROVISIONS FOR FARM WORKER

Art. 96. -Without prejudice to others, they are considered to be the work of agriculture: the preparation and grilling of land for cultivation, sowing, irrigation operations and the care and protection of plantations, with the exception of those that are carried out by means of aerial machines.

They are intimately related to the tasks referred to in the previous paragraph, among others, the fencing of land and harvesting of crops.

Art. 97. -They are not considered to be the work of agriculture, nor related to agriculture, those developed by technicians, administrators, office workers, workers in charge of the

maintenance of agricultural machinery and implements, those of those who work in agricultural industries, those of the carriers of seeds, fertilizers, insecticides and agricultural products, nor those of other persons who carry out activities similar to the previous ones.

Art. 98. -Agricultural workers will be especially obliged to take care of the plantations and crops where they are to carry out the work entrusted to them, and must immediately notify the employer or their representatives, of any fact that may cause harm to the interests of the worker, and of which they are

would have realized during the performance of their duties.

Art. 99. -Workers who provide their services in harvest harvesting will be able to work

exceeding the limit of the ordinary day; but the work done in the surplus time will be remunerated with ordinary salary. They will also be able to work two consecutive weeks, replacing

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day of rest of the first week, by Saturday of the second, thus enjoying two successive days of rest; but the works performed on the Sunday replaced will be remunerated only with salary

ordinary.

THIRD SECTION

SPECIAL PROVISIONS FOR LIVESTOCK WORKERS

Art. 100. -They are the work of livestock, among others, those that aim to raise, take care of,

protect, maintain, shearing or shearing livestock or to seek their reproduction, except the activities carried out by veterinarians or inseminators.

Beekeeping and poultry farming are carried out by livestock.

They are considered to be intimately related to the tasks referred to in the previous incisors, for example: to carry out or to transport livestock and the transport of the products within herages

or from these to the markets, the closing and care of the potreros and the production and preparation of forages in the inheritance.

Art. 101. -They are not considered to be their own, nor related to, or related to, the technicians, managers, office workers, maintenance of machinery or livestock implements, those of livestock products, those of livestock products

, and carriers of the same or of their products, within a different market or markets, nor those of other persons who carry out activities similar to the previous ones.

Art. 102. -Livestock workers will be especially obliged to care with the greatest care of the animals owned by the employer who are under their supervision or who have been provided for their work.

The worker shall not be responsible for the death, inuse or loss of such animals, when they are caused by disease, fortuitous case or force majeure.

SECTION FOURTH DISPOSITION

Art. 103. -For judicial and administrative purposes, in case of doubt as to whether a worker carries out his or her own work in agriculture, livestock or other activities closely related to them, it will be to the qualification that these activities do the General Inspection of Work.

WOMEN 'S AND CHILD LABOR' S CHAPTER V

FIRST GENERAL PROVISIONS

Art. 104.-THE WORK OF EIGHTEEN-YEAR-OLDS SHOULD BE ESPECIALLY

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APPROPRIATE TO YOUR AGE, PHYSICAL STATE AND DEVELOPMENT. (8)

Art. 105.-THE WORK OF CHILDREN UNDER EIGHTEEN YEARS OF AGE IN DANGEROUS OR UNHEALTHY WORK IS PROHIBITED.

HOWEVER, THE WORK OF MINORS MAY BE AUTHORIZED FROM THE AGE OF SIXTEEN YEARS, PROVIDED THAT THEIR HEALTH, SAFETY AND MORALITY ARE FULLY GUARANTEED AND THAT THEY HAVE RECEIVED ADEQUATE INSTRUCTION OR PROFESSIONAL TRAINING

AND SPECIFIES IN THE BRANCH OF THE CORRESPONDING ACTIVITY.

THE TYPES OF EMPLOYMENT OR WORK TO WHICH THIS ARTICLE APPLIES, SHALL BE DETERMINED BY THE REGULATION OF THIS CODE, AFTER CONSULTATION OF THE COUNCIL

SUPERIOR.

PROHIBITIONS AND RESTRICTIONS ON THE USE OF MINORS DO NOT APPLY

TO WORK CARRIED OUT IN SCHOOLS OF GENERAL, PROFESSIONAL OR TECHNICAL EDUCATION OR OTHER TRAINING INSTITUTIONS. (8)

Art. 106. -It is dangerous work that can cause death or damage in an immediate and serious way the physical integrity of the worker. Consider that the danger that such work involves, may come from the very nature of them, or from the class of materials used, developed or

detached, or from the kind of waste that such materials leave, or from the handling of corrosive, flammable or explosive substances, or from storage that in any form is made of these substances.

Consider hazardous tasks, for example the following:

a) Greasing, cleaning, reviewing or repairing machines or moving mechanisms;

b) Any work in which automatic, circular or tape saws are used; shears,

knives, cutting, martinetes, and other mechanical appliances whose handling requires special precautions and knowledge, except for kitchen utensils and tools, for butchery or other similar faenas;

c) Jobs in which they are manufactured or used explosive, fulminant, unsanitary, or toxic, or flammable substances; and other similar works;

d) Constructions of all kinds and demolition, repair, conservation and other similar work;

e) Work in mines and quarries;

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f) Jobs at sea, stowage and loading and unloading on docks; and

g) Other than specified in the laws, regulations on safety and hygiene, collective agreements or contracts, individual contracts and internal working regulations.

Art. 107. -The work in bars, canteens, billiard rooms and other similar establishments is considered to be dangerous work for those under the age of eighteen.

Art. 108. -It is unsanitary work that because of the conditions in which they are performed or by their very nature, can cause harm to the health of the workers; and those in which the damage can be caused by the class of the materials used, elaborated or detached, or by solid waste,

liquids or gaseous that will leave them, such as:

a) Those that offer danger of poisoning by the handling of toxic substances or of

the materials that originate them;

b) All industrial operation in whose execution the gases or the deleterious fumes are released

or harmful emanations;

c) Any operation in which hazardous or harmful powders are removed; and

ch) Other than specified in the laws, regulations on safety and hygiene, collective agreements or contracts, individual contracts, and internal regulations of

work.

Art. 109. -For judicial and administrative purposes, in case of doubt as to whether a job is dangerous

or insalubre, it will be to the qualification that of these activities does the general direction of Social Welfare.

WOMEN ' S SECOND SECTION OF WORK

Art. 110.-EMPLOYERS ARE PROHIBITED FROM ALLOCATING PREGNANT WOMEN TO WORK REQUIRING PHYSICAL EFFORTS INCOMPATIBLE WITH THEIR STATE.

ANY WORK THAT REQUIRES CONSIDERABLE PHYSICAL EFFORT IS PRESUMED,

IS INCOMPATIBLE WITH THE STATE OF PREGNANCY AFTER THE FOURTH MONTH OF PREGNANCY. (1)

Art. 111.-REPEALED (8)

Art. 112.-REPEALED (8)

Art. 113. -Since the state of pregnancy begins, until the post-natal break ends, the dismissal of fact or dismissal with prior judgment will not result in the termination of the contract of the woman

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worker, except where the cause of the pregnancy was prior to the pregnancy; but even in this case, its effects will not take place until immediately after the end of the rest period.

MINOR SECTION OF CHILD LABOR

Art. 114. CHILDREN UNDER THE AGE OF 14 YEARS AND THOSE WHO HAVE COMPLETED THEIR AGE SHALL NOT BE EMPLOYED AT ANY TIME.

SECOND REPEALED BY D.L. No. 839/09

THIRD INDENT REPEALED BY D.L. No. 839/09

FOURTH INDENT REPEALED BY D.L. No. 839/09 (8)

Art. 115. -Children under the age of fourteen, in the case of the previous article, must hire through their legal representatives and, in the absence of such representatives, by the persons of those who are economically dependent or the Attorney General's Office.

Legal representatives will be understood to be missing, not only when they have passed away, but when they are incapacitated or will be out of the Republic or their whereabouts will be ignored.

Art. 116. " The day of the age of sixteen, shall not be greater than six hours a day, and thirty-four weekly, in any kind of work. They will also be unable to work more than two

overtime in one day, or perform tasks that require great physical efforts.

Children under the age of 18 will not be able to work at night hours.

Art. 117. -Every employer who has his or her service under eighteen years of age must keep a record in which it appears: the date of birth, the working class agreed, the timetable

of work and the agreed salary.

CHILDREN UNDER EIGHTEEN YEARS OF AGE MAY NOT BE ADMITTED TO EMPLOYMENT WITHOUT

CONDUCTING A THOROUGH PRIOR MEDICAL EXAMINATION, WHICH DECLARES THEM FIT FOR THE JOB IN WHICH THEY ARE TO BE EMPLOYED.

A REGULATION WILL DETERMINE THE REQUIREMENTS AND CHARACTERISTICS OF THE MEDICAL EXAMINATION

OF THE MINORS, BUT IN ANY CASE IT WILL BE MANDATORY THAT:

A) THE SAME IS PRACTICED BY A QUALIFIED PHYSICIAN;

B) THIS IS PROVEN BY THE CORRESPONDING CERTIFICATE;

C) THE APTITUDE FOR THE WORK THAT THEY ARE RUNNING MUST BE SUBJECT TO PERIODIC MEDICAL INSPECTIONS, AT INTERVALS NOT GREATER THAN ONE YEAR, UNTIL

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WHICH HAVE REACHED THE AGE OF EIGHTEEN YEARS;

CH) DEALING WITH WORK INVOLVING HEALTH RISKS, THE PERIODIC REPETITION OF THE EXAMINATION SHALL BE COMPULSORY UP TO THE AGE OF TWENTY-ONE YEARS.

THE MEDICAL EXAMINATION REFERRED TO IN THIS ARTICLE WILL BE FREE FOR THE WORKER. (8)

CHAPTER VI FINAL DISPOSITION

Art. 118. -In what is not specifically foreseen in this Title, it will apply what for

the case has the general rules and principles of this Code.

THIRD TITLE

WAGES, WORKDAYS, WEEKLY BREAKS, HOLIDAYS, ASUETS AND AGUINALDOS

SALARY CHAPTER I

Art. 119. -Salary is the remuneration in money that the employer is obliged to pay to the worker for the services he provides under a contract of employment.

Consider an integral part of the salary, everything that the worker receives in money and that involves the payment of services, whatever form or denomination is adopted, such as the usual bonuses and bonuses; remuneration of the extraordinary work, remuneration of the work in days

weekly rest or asueto, profit participation.

They do not constitute salary the sums that occasionally and by mere liberality the worker receives

from the employer, such as the occasional bonuses and bonuses and what he receives in money, not for his benefit, nor to subvene to his needs, nor to enrich his patrimony, but to carry out his functions, like the expenses of representation, means of transport, elements of work

or other similar, nor the social benefits that this Code deals with.

Art. 120. -The salary must be paid in legal tender.

Art. 121. -Without prejudice to the preference and privilege that other laws give to mortgage loans on buildings and to those of agricultural, livestock or industrial goods still in force, the salary and social benefits constitute privileged credits in relation to other claims that may

exist against the employer and will occupy the first place, thus excluding the others, even if the latter are of a commercial character; they will affect all the assets of the employer or his replacement according to what this Code has for the case of employer replacement.

Creditors for wages or social benefits will not be required to wait for

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as a result of the contest or bankruptcy, to proceed to exercise its actions against the goods of the filed or broken; nor shall they be obligated in any case by any agreement concluded by this and the

other creditors.

The execution by reason of wages or social benefits that have been pending against the debtor,

shall not be accumulated in the contest or bankruptcy judgment, nor shall they be included in the sale of the goods that have been seized in order to answer for the payment of such wages or benefits.

Art. 122. -The salary shall be freely stipulated; but shall not be less than the minimum set in the manner laid down in this Code.

Art. 123.-WORKERS WHO IN THE SAME COMPANY OR ESTABLISHMENT AND WHO IN

IDENTICAL CIRCUMSTANCES DEVELOP EQUAL WORK, WILL EARN EQUAL REMUNERATION REGARDLESS OF THEIR GENDER, AGE, RACE, COLOR, NATIONALITY, POLITICAL OPINION OR RELIGIOUS BELIEF. (8)

Art. 124. -Failure to comply with the provisions of the previous article, will entitle the affected workers to demand the levelling of wages.

Art. 125. -Where the service to be provided by the worker is not determined in the contract, and the employer shall allocate it to a charge which is ordinarily paid in the undertaking with the greatest value

salary as stipulated, the worker shall earn the salary corresponding to that charge for as long as he is performing; but if it is less than that stipulated, the latter shall be paid.

The provisions of the foregoing paragraph shall also apply where the work to be performed has been stipulated in the contract, the worker being destined to another one of the same or of a different nature than that of the contract.

Art. 126. -The main forms of salary stipulation are:

a) Per unit of time: when the salary is paid by adjusting it to units of time, without special consideration to the outcome of the work;

b) Per unit of work: when only the quantity and quality of work or work performed, payable for pieces produced or measured or determined sets, regardless of the time spent;

c) By mixed system: when it is paid according to the units produced or work performed during the working day;

ch) By task: when the worker is forces a certain amount of work or work on the day or another agreed time, meaning that day or period of time, as soon as the work fixed in the task has been completed;

d) By commission: when the worker receives a percentage or amount agreed by each

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one of the operations it performs. If the resulting commission is less than the minimum wage established, the latter shall be paid. The Commission will become involved from the moment

in which the respective operation has been perfected; but if the transaction disregards several payments on different dates, commissions may be agreed for a certain number of payments in whose cases the commissions will become due from the moment such

payments were made. Of the liquidation referred to in Rule 3 of Art. 130, the employer shall give the worker a signed copy. Failure to comply with this obligation will, in the event of a conflict, result in the amount of the amounts

claimed by the worker in his/her claim.

e) A weaning, by adjustment or lump-sum price: when the salary is agreed on a global basis, taking into account the work to be carried out, without special consideration at the time that it is used

to execute it and without the work being subjected to days or hours.

Art. 127. -The payment of the salary must be timely, full and personal.

Art. 128. -the salary must be paid at the place agreed upon or in the place established by the internal rules of work and, in the absence of stipulation, in the usual or where the worker provides his/her services.

Art. 129. -It is forbidden to pay the salary in vice-centers, recreational places, drunken drinks and retail shops, unless it is the workers of those

establishments.

The payment made in contravention of the provisions of the foregoing paragraph, shall be due not to be made.

Art. 130. -The payment of the salary must be carried out on the agreed date, as set out in the internal rules of work, in the customary or in accordance with the following rules:

1) If it has been stipulated per unit of time, at the expiration of the corresponding period, as a week, fortnight, month or the immediate working day before;

2nd) If it has been stipulated by unit of work, mixed system, by task, or to weaning, within two days of the respective delivery or count; and

3rd) If it has been stipulated by commission, being settled, operation is that will make the company in an individual or general form, at least every 15 days. At the same time, the fixed salary referred to in Article 126 (d) shall be paid.

In special circumstances, as previously qualified by the Director General of Labour, the time limits referred to in this Article may be extended without this extension exceeding six days.

Art. 131. -The operation of the payment shall be initiated immediately after the end of the working day corresponding to the respective date. This operation must be performed without interruption.

Art. 132. -The salary cannot be compensated. It can be held up to twenty percent for

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covering together food obligations, union fees, social security contributions and taxes.

Art. 133.-THE MINIMUM SALARY IS INEMBARGABLE, EXCEPT FOR FOOD QUOTA. IN EXCESS OF THE MINIMUM WAGE, THE REMUNERATION MAY BE TAKEN UP TO TWENTY PERCENT. (8)

Art. 134. -When the worker is debtor of his employer for events that have occurred on the occasion or occasion of the working relationship, the employer may only demand the payment of such debts by promoting the corresponding work

.

Art. 135. -The salary must be paid to the worker himself; but if the worker is unable to receive it, the payment must be made to his spouse or life partner, or to any of his or her ancestors or

descendants, previously authorized.

All disposal of credit for wages is prohibited.

Art. 136.-When the worker contracts debts arising from loans granted by banks, insurance companies, credit institutions or cooperative societies and associations, he may authorize

to his employer so that, of his ordinary salary and in his name, he carries out the necessary discounts for the extinction of such debts.

The authorization must be granted in writing and in two copies. Granted shall be irrevocable.

The employer, when receiving a copy of the contract, respective and a copy of the authorization, will be obliged

to make the corresponding discounts and payments.

In the cases of replacement of the employer or the worker changes in employment, the new employer

who receives communication in which the existence, conditions and status of the credit and transcript of the authorization are expressed, will be obliged to carry out the discounts and payments referred to in the previous paragraph.

In any case, the amounts indicated in the contract as payment fees, shall not exceed 20% of the ordinary salary earned by the worker in the period or periods fixed for the payment.

When the entities mentioned in the first subparagraph, promote legal actions for the forced payment of mutual obligations contracted by workers, the provisions of Art. 133 will not apply, however, even in twenty percent of the ordinary salary, any

that is the amount of it. (UNCONSTITUTIONAL)*

Art. 137. " The work tools of the workers are inembargable.

Art. 138. -All employers are obliged to carry payment schedules or receipts in which they consist, as the case may be, of the ordinary and extraordinary wages accrued for each worker; the ordinary hours and

extraordinary hours worked in day or night days; and the working days, of the time and rest in which they work. They will also consist of wages that have become established in the form of a commission and all

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class of amounts paid.

Such documents must be signed by the worker and if the worker does not know or cannot, he must stamp the fingerprint of the thumb of the right hand or the thumb of any finger.

THE WORKER WILL RECEIVE, IF REQUESTED, A COPY OF HIS PAYMENT RECEIPTS, WHICH WILL INCLUDE ALL THE ELEMENTS OF HIS REMUNERATION AND THE DISCOUNTS THAT HAVE BEEN MADE ON THE SAME. (8)

Art. 139.-The statutory protective provisions of the salary shall apply in respect of social benefits.

Art. 140.-Basic salary is the remuneration that corresponds to the worker in accordance with the provisions of the first paragraph of Art. 119, which will serve as the basis for calculating any pecuniary obligation of the employer in favor of the worker, motivated by the provision of his services.

Art. 141.-Basic salary per day or hourly is the sum allocated in the respective work contracts for these time measures.

Art. 142.-In cases where the basic salary has to be calculated in relation to time units, the following rules shall be observed:

A) Basic salary per day:

1) The product that results from multiplying the hourly wage, by the number of hours agreed for the duration of the ordinary working day;

2) The amount that results from dividing the stipulated sum per week, fortnight, month, or other unit of time, between the total number of days contained in the period in question;

3) In the cases of the stipulation of the salary by mixed system, the amount shall be divided total amount accrued in ordinary time in the six days prior to the date on which the respective delivery or count is made, between the total number of ordinary hours worked, and

the average obtained shall be multiplied by the number of hours of the day's day;

4) In the case of the stipulation of the salary per unit of work or per task, the amount that

shall be divided by the total accrued in the six days prior to the date on which the delivery or the respective count is made, between the number of days worked in that period;

5) If the salary has been agreed The basic salary per day will be the one that results from dividing the amount accrued by the worker, between the number of days spent executing the work;

6) In the cases of home workers, the basic salary per day will be calculated by dividing

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the amount paid in the last instalment, between the days considered as worked, as provided for in Art. 72 last item; and

7) If the salary has been stipulated by commission, or by any other form other than the previous ones, the basic per day shall be the one that results from dividing the total of the wages

accrued by the worker in the six months preceding the date of the the last settlement preceding the calculation, between the number of working days in those six months.

In the cases of numbers 3 and 4 of this paragraph, and in the case of works which by their very nature, although permanent, are provided in discontinuous form, such as the loading and unloading of ships, if the calculation made will result in a salary greater than thirty colons, only the basic salary

will be recognized as salary.

B) Basic salary per hour:

1) The agreed salary per day, divided between the number of hours of the ordinary working day;

2) The ratio resulting from the application of the number two in paragraph A) of this article, divided between the number of hours of the ordinary working day;

3) When the salary has been stipulated by a mixed system, the basic hourly wage shall be the amount resulting from dividing what the worker has earned on his/her day

ordinary, between the number of hours that it consists; and

4) In the case of the (a) the basic hourly wage shall be calculated by dividing

the amount resulting from the application of that number to eight.

The basic salary that according to the previous rules, serves to pay the remuneration of hours

surplus to the daily ordinary day, will also be the one that will be taken into account to pay the overtime hours that are worked exceeding to the working week.

Art. 143. -It should be paid with basic salary of one day when only the hours necessary to complete the work week are worked.

CHAPTER II

THE MINIMUM SALARY

FIRST SECTION

GENERAL PROVISIONS

Art. 144.-Every worker, even the worker at home, has the right to pay a salary

minimum that sufficiently covers the normal needs of his household, in the material, moral and cultural order, which shall be fixed periodically.

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Art. 145.-IN ORDER TO FIX THE MINIMUM WAGE, THE COST OF LIVING, THE NATURE OF THE WORK, THE DIFFERENT REMUNERATION SYSTEMS, THE DIFFERENT ZONES

OF PRODUCTION AND OTHER SIMILAR CRITERIA. (7)

Art. 146.-In order to appreciate the cost of living, ordinary expenses should be considered in

food, clothing, housing, education and health protection, of an average working family, peasant or urban.

Art. 147.-When minimum wages are fixed per unit of time, they will refer to the ordinary working day of eight hours a day. Where the working day is less than eight hours but not more than five hours, the employer shall be obliged to pay the minimum wage set; the same obligation shall apply if, for the purpose of completing the working week, the day is less than five hours. In any

other case, the remuneration will be proportional to the time worked.

In the work to be used, by adjustment or standard price, it is mandatory for the employer to ensure the

minimum wage per working day.

Art. 148.-Fixed minimum wages shall be replaced in full, during their term,

any other lower than stipulated.

They shall not, in any case, imply denial or impairment of the rights or advantages that they obtain

or have obtained the workers under individual contracts of employment, collective agreements or contracts of employment, internal regulations or business custom.

SECOND SECTION OF THE NATIONAL MINIMUM WAGE COUNCIL

Art. 149.-The National Council of Minimum Wage is a body under the Ministry of Labour and Social Welfare. It will be composed of seven members: three will represent the public interest, two in the interests of the workers and two of the employers.

The representatives of the public interest will be appointed by the EXECUTIVE BODY* thus: one by the Ministry of Labour and Social Welfare, another by the Ministry of Economy and another by the Ministry

of Agriculture and Livestock. (7) *

The members appointed by the EXECUTIVE BODY* must be officials or employees of the respective Ramo. (7) *

The election of the representatives of the interest of the workers and of the employers will be carried out in accordance with the respective regulations.

There will be equal number of appointed or elected alternate representatives in the same way as the owners, who will replace the owners with equal powers, when
will not be able to perform the charge

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Art. 150.-The representative of the Ministry of Labour and Social Welfare or the alternate, failing that, shall be the President of the Council.

The Council will elect two Vice-Presidents of its bosom: one for the interest of the workers and the other for the interests of the employers.

In the absence of the President of the Council or his deputy, the Vice-Presidents will assume the presidency alternately.

Art. 151.-The members of the Council shall perform their duties for the period of two years and shall exercise their positions until the substitutes take possession of them, and may be re-elected or endorsed in their appointments.

Any member appointed or elected to fill a vacancy that occurs before the expiration of his predecessor's term, will exercise the position for the remainder of the term.

Art. 152.-They are Council attributions:

a) Elaborate and periodically propose to the EXECUTIVE BODY, in the Labor and Social Welfare Ramp, draft decrees for minimum wage setting; (7)

b) Propose to the EXECUTIVE ORGAN *, in the Labor and Social Welfare Ramp, the modification of minimum wage rates fixed by decree, when substantially varying the conditions that determined their fixation; (7)

c) prescribing rules for the estimation of the cost of living and the other elements of judgment that, pursuant to Art. 145, must take into consideration for the setting of the

minimum wage;

ch) Integrate the Commissions that you consider necessary to investigate the elements to which

refers to the previous literal;

d) Develop your internal rules.

Art. 153.-The members of the Council shall be remunerated by means of subsistence, in the manner prescribed by the Law of Salaries.

Art. 154.-The Ministry of Labour and Social Security shall provide the Council with the necessary personnel, as well as information, data, equipment and other essential elements for its proper functioning.

The Council, in turn, will be required to submit a six-monthly report of all its activities to the Ministry of Labour and Social Welfare.

SECTION THIRD

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WAY TO PROCEED TO MINIMUM WAGE SETTING

Art. 155.-The National Council of Minimum Wage shall set minimum wage rates in accordance with the principles of Art. 145, hearing the opinion of the National Council for Economic Planning and Coordination.

Fixed rates definitively, the Council will prepare the corresponding draft decree and submit it to the approval of the EXECUTIVE ORGAN *, in the Labor and Social Welfare Ramp. (7)

Art. 156.-If the EXECUTIVE BODY approves the project referred to in the previous article, it will issue the corresponding decree and publish it in the Official Journal. The decree will take effect eight days after its publication. (7)

Art. 157.-If the EXECUTIVE BODY does not approve the draft decree, it shall return it to the Council for review, stating the reasons it has to return it. The Council will know

of the observations of the Executive Branch and will make the modifications that it considers pertinent, verified which, it will transmit again the draft of the reconsidered decree, for its opportune approval. (7) *

Art. 158.-Published the decree, the Council will proceed to make it of the knowledge of the interested parties and the employers will have the obligation to place copies of it and its instructions, in visible places for its workers.

Art. 159.-The minimum wages fixed by decree must be reviewed every three years at least.

SECTION FOURTH OF THE OBLIGATIONS OF THE EMPLOYERS

Art. 160.-These are the obligations of the Patrons:

a) Allow any official, employee or delegate of the National Council of Minimum Wage, duly authorized, to have free access to all the sites where any work is executed; and to provide the data requested to them, in order to obtain

information about the conditions prevailing there; and

b) Allow the persons mentioned in the preceding literal, to examine or to take copies of the payment plans or receipts.

The data thus obtained can only be used for statistical purposes and they will not do any faith in any kind of judicial action.

CHAPTER III OF THE WORK AND WORK WEEK

Art. 161.-Working hours are daytime and night.

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The diurns are comprised between six hours and nineteen hours of the same day; and night, between the nineteen hours of one day and six hours of the next day.

The ordinary day of day effective work, with the exception of legal exceptions, will not exceed eight hours a day, nor the night of seven. The working day comprising more than four hours

night, will be considered nocturnal for the effect of its duration.

The daytime workweek will not exceed forty-four hours or the night of thirty-nine.

Art. 162.-In dangerous or unsanitary tasks, the day shall not exceed seven hours per day, not more than thirty-nine hours per week, if it is daytime: no more than six hours per day, no more than thirty-six hours per week, if at night.

In the cases of this article, the working day comprising more than three and a half hours night, will be considered nocturnal, for the effects of its duration.

THE TASKS COVERED BY ARTICLES 106 AND 108 ARE CONSIDERED TO BE DANGEROUS OR UNHEALTHY. IN CASE OF DOUBT AS TO WHETHER A TASK IS DANGEROUS OR UNHEALTHY, IT WILL BE

SUBJECT TO THE QUALIFICATION OF THE GENERAL MANAGEMENT OF SOCIAL FORESIGHT. (5)

NOTWITHSTANDING THE PROVISIONS OF THE FIRST PARAGRAPH OF THIS ARTICLE, THE EMPLOYERS

OF UNDERTAKINGS IN WHICH TASKS ARE CARRIED OUT AS DANGEROUS OR UNHEALTHY, MAY REQUEST THE MINISTRY OF LABOUR AND SOCIAL SECURITY FOR AUTHORIZATION TO WORK IN ACCORDANCE WITH THE RULES LAID DOWN IN THE PREVIOUS ARTICLE, WHICH IS

GRANTED AFTER OBTAINING THE OPINION OF THE DIRECTORATE-GENERAL FOR SOCIAL SECURITY. COMPANIES EMPLOY APPROPRIATE SAFETY AND HYGIENE SYSTEMS AND EQUIPMENT FOR THEIR ACTIVITIES AND THAT OCCUPATIONAL RISKS WITH EMPLOYER RESPONSIBILITY HAVE NOT

BEEN COMMON. THE REFERRED AUTHORIZATION SHALL BE REVOKED, IF THE INDICATED ENDS VARY AT ANY TIME. (5)

Art. 163.-It should be considered effective working time, all in which the worker is at the disposal of the employer; the same as the breaks indispensable for resting, eating or satisfying other physiological needs, within the working day.

Art. 164.-The working day in special cases may be divided up to three parts in no more than 12 hours, subject to the authorization of the Director-General.

Art. 165.-The employer will originally set the working hours; but subsequent changes will have to be made in agreement with the workers. The cases of disagreement will be resolved by the Director General of Labor, taking into account the precept by this Code, conventions and contracts

collectives, internal regulations of work, to the nature of the tasks of the company and, in the absence of those elements of judgment, to reasons of fairness and good sense.

Art. 166.-When the day is not divided, in the working hours the breaks must be marked so that, within it, the workers can take their food and rest. These

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pauses must be half an hour; however, when by the nature of the work they cannot have an effect, it will be mandatory for the employer to grant permission to the workers to take their food, without altering

the normal course of work.

In companies that provide a public service such as railroads, transportation of

passengers, supply of electrical power and other analogous, the working hours will be worked out by the company, in the attention of the best service or the provisions dictated by the competent authority, as the case may be, and incorporated into the respective internal rules of work.

Workers and employers will not be able to agree, in essential tasks to the community, working hours that will hurt them. In this class of services, the work schedule must be submitted to the approval of the Director General of Work.

Art. 167.-Between the termination of a day, ordinary or with the addition of extraordinary time, and the initiation of the following one, must mediate a period of not less than eight hours.

Art. 168.-The tasks that are carried out in the night hours will be paid, at least, with a twenty-five percent surcharge on the salary established for equal work in daytime hours.

Art. 169.-All work verified in excess of the ordinary day, will be paid with a surcharge consisting of one hundred percent of the basic wage per hour, up to the legal limit.

The works that by force majeure, as in the case of fire, earthquake and other similar ones, have to be carried out exceeding the ordinary day, will be remunerated only with basic salary.

Art. 170.-Work in overtime may only be agreed on an occasional basis, where unforeseen, special or necessary circumstances so require.

Without prejudice to the provisions of the foregoing paragraph, in the companies in which the twenty-four hours of the day are worked, the work of an extraordinary hour on a permanent basis may be stipulated, to be

lent on the night day.

The work of an extra hour, for the sole effect of replenishing the

four hours of the sixth working day, may also be agreed with the aim of having the workers rest, in a row, on Saturdays and Sundays of each week.

In the cases referred to in the previous two points, in order for the agreement to be valid, it will be

necessary for the approval of the Director General of Labor.

CHAPTER IV

THE WEEKLY BREAK

Art. 171.-Every worker is entitled to one day of paid rest for each week

work.

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The worker who does not complete his work week without justified cause on his part, shall not be entitled to the remuneration set out in the preceding paragraph.

Art. 172.-Workers who are not subject to hours shall be entitled to the remuneration of the rest day, provided that they have worked six days of the week and worked the ordinary day in each

one of them.

The workers referred to in the preceding paragraph will not lose the remuneration of the rest day

for a fair cause they lack their work or do not complete any of the days.

Art. 173.-The weekly rest day is Sunday. However, the employers of companies of continuous work, or who provide a public service, or of those who for the nature of their activities

work normally on a Sunday, have the power to point to their workers the day of rest that corresponds to them in the week. Out of these cases, when the needs of the company so require, the employer, to point out to its workers a day of rest other than Sunday, must

request authorization from the Director General of Labor.

Art. 174.-Workers shall be entitled to benefit from a benefit equivalent to the basic salary on their corresponding day of rest.

If the salary is estimated per week, fortnight, month, or other period, it is presumed that the salary will be included in the weekly rest day benefit.

Art. 175.-Workers who, by common agreement with their employers, work on the day that they are legally or contractually appointed for their weekly rest, shall be entitled to the basic salary corresponding to that day, plus a remuneration of at least fifty per cent, for the hours

working and a paid compensatory rest day.

If they work overtime, the calculation for the payment of the respective surcharges will be made

based on the extraordinary salary that corresponds to them for the day of that day, as provided in the previous paragraph.

Art. 176.-The compensatory rest day shall be paid with basic salary and shall be granted in the same working week or in the following week.

The compensatory rest day will be computed as effective work for the effects of

complete the workweek in which I will be understood.

CHAPTER V

OF THE PAID ANNUAL VACATION

Art. 177.-After a year of continuous work in the same company or establishment or under

the dependency of the same employer, the workers will be entitled to a period of holiday whose duration will be fifteen days, which will be paid with a benefit equivalent to the salary

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ordinary corresponding to that span plus 30% of it.

Art. 178.-The days of weekly rest and rest that fall within the holiday period shall not extend the duration of the holidays; but the holidays may not be started in such days. The weekly compensatory breaks may not be included within the holiday period.

Art. 179.-The years of continuous work will be counted from the date on which the worker began to provide his services to the employer and they will beat on the corresponding date of each of the

years later.

Art. 180.-Every worker, in order to be entitled to a vacation, must credit a minimum of two hundred days worked in the year, although in the respective contract he is not required to work all the

days of the week, nor is he required to work on each day the maximum of ordinary hours.

Art. 181.-It is understood that the continuity of the work is not interrupted in those cases in which

the contract of work is suspended, but the days that will last the suspension will not be computed as days worked for the effects of the previous article.

Art. 182.-The employer must point out the time when the worker is to enjoy the holidays and notify him of the date of initiation, thirty days in advance at least.

The time limits within which the worker is to enjoy his or her vacation shall be four months if the number of workers at the service of the employer does not exceed one hundred; and six months, if the number of workers is greater than one hundred; both periods counted from the date on
the worker
the year of service.

Art. 183.-To calculate the remuneration that the worker must receive in the form of the benefit

for holidays, it will be taken into account:

1) The basic salary that accrues to the date on which the worker is to be entitled, when the salary

has been stipulated for a unit of time;

2) The basic salary that results from dividing the ordinary wages that the worker has

earned during the six months prior to the date on which he or she is to enjoy them, between the number of working days included in that period, in the case of any other form of stipulation of the salary.

Art. 184.-If under the contract of employment or by the rules of this Code, the employer will provide the worker with accommodation, food or both, the remuneration of the holiday must be increased by 25% for each of them, provided that during these days they are

interrupted.

Art. 185.-The remuneration for a holiday must be paid immediately before

that the worker starts to enjoy them and will cover every day that falls between the date on which he goes on holiday and those in which he/she must return to work.

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Art. 186.-REPEALED (8)

Art. 187.-When a contract of work with responsibility for the employer is declared terminated, or when the worker is in fact dismissed without legal cause, he shall be entitled to be paid the remuneration of the days which, in proportion to the time worked, correspond to him in concept

on holiday. However, if the continuous year of service is completed, even if the contract is terminated without liability for the employer, the employer must pay the worker the remuneration to which he is entitled for a holiday.

Art. 188.-It is prohibited to compensate for holidays in money or in kind. It is also prohibited to split or to accumulate holiday periods; and the employer's obligation to take them, corresponds to that of the worker.

Art. 189.-The employer may provide that all the staff of the undertaking or establishment, collectively, within the same period, enjoy the annual remuneration paid. In such a case it shall not be

necessary for the worker to complete the year of service required by Art. 177, nor the two hundred days of the speech of Art. 180, nor shall the provisions of Art. 186 have any effect.

The employer may also, according to the majority of workers in the company or establishment, split the holiday into two or more periods within the working year. If two, each period shall last for at least 10 days; and, if they are three or more, seven days at least.

CHAPTER VI

ASUETO DAYS

Art. 190.-The following are established as paid days:

a) First of January;

b) Thursday, Friday and Saturday of Holy Week;

c) May Day;

ch) AUGUST SIX; (9)

d) September 15;

e) Two November; and

f) Twenty-five December.

ADDITIONALLY SET AUGUST THREE AND FIVE IN THE CITY OF SAN SALVADOR; AND

IN THE REST OF THE REPUBLIC, THE MAIN DAY OF THE MOST IMPORTANT HOLIDAY OF THE PLACE, ACCORDING TO CUSTOM. (9)

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Art. 191.-The day of the day must be remunerated with basic salary, calculated in accordance with the rules laid down in Article 142 (A).

If the salary has been stipulated per week, fortnight, month or other period, it is presumed that in its amount the salary of the day of the day is included.

Art. 192.-Workers who, by common agreement with their employer, work on the day of the day, will pay an extraordinary salary, made up of the ordinary salary plus one hundred percent surcharge.

of this.

IF YOU WORK IN OVERTIME, THE CALCULATION FOR THE PAYMENT OF THE RESPECTIVE SURCHARGES WILL BE BASED ON THE EXTRAORDINARY SALARY SET OUT IN THE

PREVIOUS. (1)

Art. 193.-In companies providing public services, or essential to the community, the

workers shall be required to remain in their posts in the number designated by the employer, so that the service is not interrupted and renders the minimum required and necessary.

Under the same obligation and with the same limitations will be the workers who provide their services at:

a) Facilities for amusement or recreation;

b) Establishments dedicated to the sale of items of first need, but in this

case will not be required to work after twelve hours;

c) Hotels, restaurants and refreshers;

ch) Labors whose interruption may cause serious harm to public interest or health; and

d) Labors who, for technical or practical reasons, require their continuity, or whose Interrupt bring about the decomposition of the matter to elaborate or consequences

analogous.

In the cases of this article, the workers who work on the days of asueto will be entitled to the remuneration set out in the previous article.

Art. 194.-If I agree on a day of day with the weekly rest day, the worker shall be entitled only to his basic salary; but if I work on that day, he shall be entitled to the remuneration

special laid down in Art. 192 and the corresponding paid compensatory rest.

Art. 195.-Only workers

domiciled and workers whose wages have been established by commission or for a flat price shall be excluded from the provisions of this Chapter.

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CHAPTER VII OF THE AGUINALDO

Art. 196.-Every employer is obliged to give his workers, as a aguinaldo, a premium for each year of work.

Art. 197.-The employers shall be obliged to pay the full payment of the premium in respect of a year, when the worker has one year or more to be at his service.

Workers who do not have one year of service to the same employer on 12 December shall have the right to be paid the proportion of the proportion of the amount which would have been paid to them if they have completed a year of service to the date indicated.

Art. 198.-THE MINIMUM AMOUNT TO BE PAID TO THE WORKER AS A BONUS FOR AGUINALDO SHALL BE:

1 FOR WHO HAS ONE YEAR AND LESS THAN THREE YEARS OF SERVICE, THE BENEFIT EQUIVALENT TO THE SALARY OF FIFTEEN DAYS;

2ND FOR THOSE WHO HAVE THREE YEARS OR MORE AND LESS THAN TEN YEARS OF SERVICE, THE BENEFIT EQUIVALENT TO THE SALARY OF NINETEEN DAYS;

3RD FOR THOSE WHO HAVE TEN OR MORE YEARS OF SERVICE, A BENEFIT EQUIVALENT TO THE SALARY OF TWENTY-ONE DAYS. (4) (14)

Art. 199.-In order to calculate the remuneration that the worker must receive in the concept of a aguinaldo, it will be taken into account:

1) The basic salary that accrues to the date on which the aguinaldo is to be paid when the salary has been stipulated for a unit of time; and

2nd) The basic salary that results from dividing the ordinary wages that the worker has earned during the six months prior to the date on which the aguinaldo must be paid,

between the number of working days included in that period, in the case of any other form of stipulation of the salary.

Art. 200.-The premium that in concept of aguinaldo must be delivered to the workers who have

right to it, must be paid in the span between the twelve and the twentieth of December of each year.

Art. 201.-The workers who in two months, whether consecutive or not, from the period between the previous December 12 and the 11 December of the year in which the premium would have to be paid,
lose the
to the aguinaldo.

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Art. 202.-When a contract of work with responsibility for the employer is declared terminated, or when the worker is in fact dismissed without legal cause, before the day of December 12, the

worker shall be entitled to be paid the remuneration of the days which, in proportion to the time worked, corresponds to him in the concept of aguinaldo.

CHAPTER VIII COMMON PROVISIONS TO CHAPTERS V AND VII

Art. 203.-For reasons of inattendance at work, the enjoyment of vacations or licenses, the disciplinary suspension, the causes which the law states interrupt or suspend the individual contract of work and any fortuitous case or force majeure that prevents the worker from attending his duties.

However, when the inattendance at work is due to the deprivation of the worker's freedom, by act of authority, followed by a legal procedure in which a sanction is imposed, such inattendance shall not be considered justified.

BOOK SECOND COLLECTIVE RIGHT OF WORK

TITLE FIRST PROFESSIONAL ASSOCIATIONS

CHAPTER I OF THE PROFESSIONAL ASSOCIATION RIGHT AND ITS PROTECTION

Art. 204.-They have the right to freely associate themselves to defend their common economic and social interests, forming professional associations or trade unions, without distinction of nationality, sex,

race, creed or political ideas, the following persons:

a) Employers and private workers;

b) WORKERS OF OFFICIAL AUTONOMOUS INSTITUTIONS. (7)

It is prohibited to be a member of more than one union.

Art. 205.-Every person is prohibited:

a) Coercing another to enter or withdraw from a union, except for the case of expulsion for cause previously established in the statutes;

b) To prevent the person concerned from joining the constitution of a union or to coerce someone to do so;

c) To discriminate between workers on the grounds of their trade union activities or to retaliate against them for the same reason;

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ch) Execute acts that are intended to prevent a trade union from being constituted or to be routed to disband or subject it to employer control; and

d) To attack in any way against the legitimate exercise of the right of professional association.

Art. 206.-The organization and operation of joint unions, that is, those integrated by employers and workers, is prohibited.

Art. 207.-The trade unions may not grant privileges or advantages to any of its members. They will invariably be governed by the democratic principles of the predominance of the majority and one vote per person, without any preference being given to the amount of the contributions of their

members.

The quality of a union member and the exercise of the rights inherent in such a quality are strictly personal

Only one member is allowed to be represented, when the following requirements are met:

1) That the representation is granted in writing and accompanied by the identification voucher extended by the union to the represented member; and

2nd) That when it takes place in a union organized in sections or sub-sections, both the representative and the representative, belong to the same section or sub-section.

The representation will not take place when it comes to agreeing to the dissolution of the union, sections or sub-sections.

CHAPTER II CONSTITUTION OF UNIONS

Art. 208.-THE FOLLOWING TRADE UNION CLASSES ARE RECOGNIZED:

a) GUILD OF GUILD;

b) ENTERPRISE UNION;

c) INDUSTRY UNION;

ch) SEVERAL COMPANIES UNION; AND

d) INDEPENDENT WORKERS UNION. (8)

Art. 209.-GUILD OF GUILD, IS THE ONE FORMED BY WORKERS WHO EXERCISE A

PROFESSION, ART, TRADE OR SPECIALTY.

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ENTERPRISE UNION, CONSISTS OF WORKERS WHO PROVIDE THEIR SERVICES IN THE SAME COMPANY, ESTABLISHMENT OR AUTONOMOUS OFFICIAL INSTITUTION. (7)

INDUSTRY UNION, CONSISTS OF EMPLOYERS OR EMPLOYEES BELONGING TO COMPANIES ENGAGED IN THE SAME INDUSTRIAL, COMMERCIAL, OF

SERVICES, SOCIAL AND OTHER ACTIVITIES.

SEVERAL COMPANIES ' UNION, CONSISTS OF WORKERS OF TWO OR MORE

NEIGHBORING COMPANIES, EACH OF WHICH HAS A NUMBER OF WORKERS LESS THAN TWENTY-FIVE AND WHO CANNOT BE PART OF A UNION OF GUILD OR INDUSTRY.

INDEPENDENT WORKERS ' UNION, IS CONSTITUTED BY SELF-EMPLOYED WORKERS AND DOES NOT EMPLOY ANY SALARIED WORKERS, EXCEPT ON AN OCCASIONAL BASIS. (8)

Art. 210.-They can enter a union or participate in their constitution, workers over fourteen years of age.

Art. 211.-ALL WORKERS ' UNION NEEDS TO CONSTITUTE AND OPERATE A MINIMUM OF THIRTY-FIVE MEMBERS.

HOWEVER, THE EMPLOYER WILL BE OBLIGED TO RECOGNIZE HIM AS A REPRESENTATIVE OF THE INTEREST OF THE WORKERS, TO DEAL WITH AND TO NEGOTIATE COLLECTIVELY WITH HIM, WHEN

REPRESENTS THE MAJORITY OF THE WORKERS OF HIS COMPANY. IN THE CASE OF A TRADE UNION OF SEVERAL UNDERTAKINGS, SUCH RECOGNITION, FOR THE SAME PURPOSES, MAY NOT BE COMMON, BUT INDIVIDUALLY AND SEPARATELY BY EACH EMPLOYER.

WHEN THE UNION DOES NOT REPRESENT THE MAJORITY REFERRED TO IN THE PREVIOUS PARAGRAPH, THE RECOGNITION THAT THE EMPLOYER WILL MAKE WILL BE VOLUNTARY.

IF THE UNION DOES NOT ACHIEVE THE REPRESENTATION REFERRED TO IN THIS ARTICLE, IT SHALL NEVERTHELESS MAINTAIN THE RIGHT TO DEFEND THE INTERESTS OF ITS MEMBERS. (8)

Art. 212.-The employers ' unions must be established with seven employers at least.

These unions may be formed or entered into the already constituted, the employers

over twenty-one years old and under age-enabled. Where the employer is a legal person, he or she shall participate by means of his or her specially authorised representatives or representatives.

Art. 213.-FROM THE INITIAL MEETING OF THE CONSTITUTION OF A UNION, A FOUNDATION ACT MUST BE LIFTED, IN WHICH IT WILL BE EXPRESSED:

(a) THE DATE AND PLACE OF THE MEETING, THE NAMES AND NAMES OF ALL THE CONSTITUENTS, NATIONALITY, IDENTITY DOCUMENT, ADDRESS,

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ACTIVITY THAT EXERCISE AND BIND THEM;

b) THE NAME, OBJECT, CLASS AND ADDRESS OF THE UNION. IN THE CASE OF AN INDUSTRY TRADE UNION, THE NAME AND ECONOMIC ACTIVITIES TO WHICH THE WORKERS ARE ENGAGED SHALL BE INDICATED

PROVIDING THEIR SERVICES;

c) THE DESIGNATION OF AN INTERIM BOARD OF DIRECTORS, WHICH SHALL INCLUDE

AS A MINIMUM A PRESIDENT, A VICE-PRESIDENT AND A SECRETARY, AND MAY ALSO BE PROVISIONALLY DESIGNATED, A TREASURER AND A PROSECUTOR; AND

CH) ANY OTHER INFORMATION THAT THE PARTIES MAY DEEM APPROPRIATE.

INTERESTED PARTIES MAY REQUEST THE PRESENCE OF A NOTARY, OR OF ONE OR MORE DELEGATES OF THE MINISTRY OF LABOR, WHO WILL CERTIFY THE FOUNDATION ACT IN

AT THE SAME TIME. (8)

Art.-214.-THE FOUNDATION ACT MUST BE SIGNED BY THE FOUNDERS AND

SIGNATORIES TO THE REQUEST IN CASE ONE OR MORE OF THE FOUNDERS DID NOT KNOW OR COULD NOT SIGN. THE INTERESTED EMPLOYER MUST BE IMMEDIATELY NOTIFIED, WITH A COPY TO THE MINISTRY OF LABOR AND SOCIAL SECURITY, OR TO THE MUNICIPAL AUTHORITY IF THE

MINISTRY DOES NOT HAVE A DEPENDENCY OR A REPRESENTATIVE AT THE PLACE OF THE UNION ' S CONSTITUTION.

FROM THE DATE OF SUBMISSION OF THE ACT TO THE COMPETENT AUTHORITY AND UP TO SIXTY DAYS AFTER THE UNION ' S REGISTRATION, THE FOUNDING MEMBERS, AT A MAXIMUM OF THIRTY-FIVE, SHALL ENJOY THE GUARANTEES PROVIDED FOR IN ARTICLE 248 OF THIS

CODE. (8)

Art. 215.-AT THE SAME MEETING, OR AT A SUBSEQUENT MEETING TO BE HELD

AT THE LATER OF THE FOLLOWING FIFTEEN WORKING DAYS, THE UNION STATUTES SHALL BE DISCUSSED OR APPROVED. (7) (8)

Art. 216.-SUBJECT TO DIFFERENT PROVISIONS OF THE ACT OF FOUNDATION, THE PRESIDENT OR THE SECRETARY OF THE UNION SHALL BE IN CHARGE OF MAKING ALL EFFORTS CONDUCIVE TO THE RECOGNITION OF THEIR LEGAL PERSONALITY. (8)

Art. 217.-WHILE RESPECTING THE LAW AND THE CONSTITUTION, THE INTERESTED PARTIES HAVE THE RIGHT TO FREELY WRITE THEIR UNION STATUTES. HOWEVER, THE SAME MUST IN ALL CASES EXPRESS THE FOLLOWING:

a) CLASS, DENOMINATION, OBJECT AND ADDRESS OF THE UNION;

b) CONDITIONS TO BE GATHERED BY ITS MEMBERS;

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c) OBLIGATIONS AND RIGHTS OF ITS MEMBERS;

ch) DISCIPLINARY SANCTIONS AND GROUNDS AND PROCEDURES FOR THE APPLICATION THEREOF, WITH RESPECT IN ANY CASE RESPECT FOR THE RIGHT TO THE DEFENSE OF THE DEFENDANT;

d) THE AMOUNT AND PERIODICITY OF THE ORDINARY SHARES AND THEIR FORM OF PAYMENT;

e) THE PROCEDURE FOR APPROVING AND CHARGING EXTRAORDINARY FEES;

f) PERIODS AND PROCEDURES FOR THE HOLDING OF THE ORDINARY AND EXTRAORDINARY ASSEMBLIES, REGULATIONS OF THE SESSIONS, QUORUM, DEBATES AND

VOTES.

ORDINARY ASSEMBLIES SHALL BE HELD AT A FREQUENCY NOT

LESS THAN ONE YEAR, UPON CONVOCATION AT AN ADVANCE WHICH MAY NOT BE LESS THAN FIFTEEN DAYS. THE EXTRAORDINARY SHALL BE HELD UNDER THE CONDITIONS LAID DOWN BY ITS STATUTES, WHICH SHALL BE REQUIRED BY ITS

COMPULSORY CONVOCATION WHENEVER REQUESTED BY AT LEAST TWENTY-FIVE PERCENT OF THE MEMBERS;

g) MODES OF CHOICE AND RENEWAL OF THE GOVERNING BODIES, DURATION OF THEIR MANDATE, PRIVILEGES, POWERS, OBLIGATIONS AND RESPONSIBILITIES, CAUSES AND PROCEDURES FOR THEIR REMOVAL;

h) THE RULES FOR THE ADMINISTRATION OF TRADE UNION GOODS AND FUNDS, FOR THE ISSUANCE AND EXECUTION OF THE BUDGETS, PRESENTATION OF THE BALANCE SHEET

AND EXPEDITION OF FINIQUITES. THE PRESENTATION AND APPROVAL OF THE ACCOUNTS SHALL BE CARRIED OUT AT LEAST ONCE A YEAR ON THE OCCASION OF AN ORDINARY ASSEMBLY;

(i) THE EPOCH AND FORM OF PRESENTATION AND JUSTIFICATION OF THE UNION ACCOUNTS;

J) RULES FOR THE DISSOLUTION AND LIQUIDATION OF THE UNION AND PROCEDURES FOR THE REVISION AND AMENDMENT OF THE STATUTES; AND

k) THE ASSEMBLY MAY ADOPT OTHER PRESCRIPTIONS THAT ARE DEEMED APPROPRIATE FOR THE BEST FUNCTIONING OF THE UNION. (8)

Art. 218. IN ORDER TO FACILITATE THE FORMATION OF TRADE UNIONS, THE MINISTRY OF LABOR AND SOCIAL SECURITY, AFTER CONSULTATION WITH THE UNION FEDERATIONS AND CONFEDERATIONS, MAY APPROVE MODELS OF STATUTES THAT WILL MAKE AVAILABLE TO THE

UNIONS IN FORMATION THAT REQUEST THEM, WITHOUT ANY OBLIGATION TO ACCEPT THEM. (8)

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CHAPTER IV LEGAL PERSONALITY

Art. 219.-IN ORDER FOR THE TRADE UNIONS ESTABLISHED UNDER THIS CODE TO HAVE LEGAL EXISTENCE, THEY MUST OBTAIN LEGAL PERSONALITY. WITH THAT OBJECT, THE PEOPLE

DESIGNATED BY THE UNION SHALL SUBMIT TO THE MINISTRY OF LABOR AND SOCIAL SECURITY: (7) (8)

(A) COPY OF THE ACT OF THE UNION ' S FOUNDATION ASSEMBLY, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 213 AND 214, WHICH SHALL BE DULY CERTIFIED;

(b) TWO COPIES OF THE UNION STATUTES, WITH THE CERTIFICATION OF THE MINUTES OF THE SESSION OR THE SESSIONS IN WHICH THEY WERE APPROVED.

WITHIN THE FIVE WORKING DAYS OF THIS PRESENTATION, THE MINISTRY OF LABOR AND SOCIAL SECURITY, WILL DELIVER TRADE TO THE EMPLOYER, OR TO EMPLOYERS, IN ORDER TO CERTIFY THE STATUS OF EMPLOYEES OF THE UNION ' S FOUNDING MEMBERS,

EXCEPT IN THE CASE OF A UNION OF INDEPENDENT WORKERS. EMPLOYERS MUST RESPOND WITHIN FIVE WORKING DAYS OF HAVING RECEIVED THIS TRADE; THEIR SILENCE IS EQUIVALENT TO THE RECOGNITION OF THE QUALITY OF THE WORKER.

WITHIN TEN WORKING DAYS FROM ITS SUBMISSION, THE MINISTRY OF LABOR AND SOCIAL SECURITY SHALL EXAMINE THE STATUTES WITH THE OBJECT OF

DETERMINE WHETHER THE STATUTES CONFORM TO THE LAW. THIS EXAMINATION WILL NOT BE NECESSARY IF THE UNION PRESENTS A STATUTE ACCORDING TO A MODEL APPROVED IN ACCORDANCE WITH THE PROVISIONS OF THE PREVIOUS ARTICLE.

IF THE MINISTRY OF LABOR AND SOCIAL FORESIGHT OBSERVE FORMAL DEFICIENCIES OR BREACHES OF THE LAW, IT WILL BE WRITTEN TO THE INTERESTED PARTIES, WHO

MUST ADDRESS THEM WITHIN FIFTEEN WORKING DAYS. IF THEY DO NOT DO SO, THEIR REQUEST FOR LEGAL PERSONALITY SHALL BE WITHDRAWN.

IF THE MINISTRY OF LABOR AND SOCIAL SECURITY DOES NOT WARN OF ANOMALIES, OR THEY HAVE BEEN REMEDIED, IT WILL GRANT THE LEGAL PERSONALITY AND SEND THE UNION TO THE RESPECTIVE REGISTRY.

IF A PERIOD OF THIRTY WORKING DAYS HAD ELAPSED AFTER THE FILING OF THE LEGAL PERSONALITY REQUEST OF A UNION OR AFTER THE PERSONS CONCERNED HAD REMEDIED ANY OBSERVATIONS OF THE MINISTRY OF

LABOR AND SOCIAL SECURITY, WITHOUT THIS HAVING BEEN GIVEN A RESOLUTION, THE UNION SHALL BE REGISTERED WITH ALL THE EFFECTS OF THE LAW, AND THE UNION SHALL ACQUIRE THE LEGAL PERSONALITY.

THE RESOLUTION GRANTING LEGAL PERSONALITY, OR IN ITS CASE THE CONSTANCY

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ADMINISTRATIVE SILENCE, AS WELL AS UNION STATUTES, WILL BE PUBLISHED FREE OF CHARGE IN THE OFFICIAL JOURNAL.

THE UNION MAY, AT ITS EXPENSE, PUBLISH THE RESOLUTION OR THE CONSTANCY OF ADMINISTRATIVE SILENCE IN A NEWSPAPER OF GREATER NATIONAL CIRCULATION.

THE EXISTENCE OF THE UNION WILL BE TESTED WITH THE AFOREMENTIONED JOURNAL OR WITH A CONSTANCY ISSUED BY THE MINISTRY OF LABOR AND SOCIAL FORESIGHT, IN WHICH IT WILL BE

SPECIFY:

1 °.-TO WHICH DIRECTORS CONFER THE STATUTES THE LEGAL REPRESENTATION OF THE UNION;

2 °.-NUMBER, DATE AND TAKE OF THE OFFICIAL JOURNAL IN WHICH THE RESOLUTION AND THE STATUTES ARE PUBLISHED; AND

3 °.-THE NUMBER OF THE BOOK AND THE REGISTRATION OF THE UNION IN THE RESPECTIVE REGISTRY. (8)

CHAPTER V GOVERNMENT OF THE UNIONS

Art. 220.-The government of the trade unions will be exercised by the assemblies and the boards of directors. In any case, the general assembly will be the union's highest authority.

Art. 221.-THE ASSEMBLIES ARE DIVIDED IN GENERAL AND SECTIONAL, BEING ABLE TO BE ORDINARY AND EXTRAORDINARY; AND THEIR ATTRIBUTIONS, IN ADDITION TO THOSE INDICATED BY THE LAW

AND THE RESPECTIVE STATUTES, ARE AS FOLLOWS:

A.-OF THE GENERAL ASSEMBLIES:

1 °.-CHOOSE ANNUALLY THE MEMBERS OF THE GENERAL BOARD OF DIRECTORS;

2 °.-APPROVE THE REFORM OF THE STATUTES;

3 °.-APPROVE THE ANNUAL REVENUE AND EXPENDITURE BUDGET OF THE ENTIRE UNION,

BEING ABLE TO MAKE MODIFICATIONS TO THE DRAFT BUDGETS APPROVED BY THE SECTIONAL ASSEMBLIES, TO MAINTAIN THE ECONOMIC STABILITY OF THE UNION;

4 °.-AGREE TO THE EXPULSION OF ONE OR MORE UNION MEMBERS IN ACCORDANCE WITH THE STATUTES;

5 °.-APPROVE COLLECTIVE BARGAINING AGREEMENTS AND CONVENTIONS

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THE OBLIGATIONS AND RIGHTS OF ALL UNION MEMBERS;

6 °.-ACCEPT AS UNION MEMBERS THE EMPLOYEES OF TRUST AND EMPLOYER REPRESENTATIVES;

7 °.-APPROVE THE SEMI-ANNUAL ACCOUNTS AND THE ANNUAL MEMORY OF THEIR ACTIVITIES TO BE PERFORMED BY THE GENERAL BOARD;

8 °.-AGREE TO THE DISSOLUTION OF THE UNION IN ACCORDANCE WITH THE LAW AND THE RESPECTIVE STATUTES;

9 °. AMOUNT OF THE ORDINARY SHARES, THE NUMBER OF TIMES THAT IN

THE YEAR CAN BE REQUIRED BY THE EXTRAORDINARY QUOTAS, AS WELL AS THE MAXIMUM AMOUNT THAT CAN BE CHARGED IN TERMS OF SUCH AND THE WAY TO CHARGE SOME AND OTHERS; AND

10º.-DECIDE ON ALL THOSE MATTERS NOT ENTRUSTED TO ANOTHER ORGAN.

B-OF THE SECTIONAL ASSEMBLIES:

1 °.-CHOOSE ANNUALLY THE MEMBERS OF THE BOARD OF DIRECTORS;

2 °.-APPROVE THE DRAFT ANNUAL REVENUE AND EXPENDITURE BUDGET OF THE SECTIONAL;

3 °.-APPROVE THE COLLECTIVE CONTRACTS OR CONVENTIONS THAT AFFECT THEM;

4 °.-AGREE TO THE EXPULSION OF ONE OR MORE MEMBERS OF THE SECTIONAL, IN ACCORDANCE WITH THE STATUTES;

5 °.-ACCEPT AS MEMBERS OF THE SECTION THE EMPLOYEES OF TRUST AND EMPLOYERS ' REPRESENTATIVES;

6 °.-AGREE TO THE DISSOLUTION OF THE SECTION ACCORDING TO THE LAW AND THE STATUTES; AND

7 °.-DECIDE ON ALL MATTERS THAT ARE OF INTEREST EXCLUSIVELY TO

THE SECTIONAL, AND WHICH ARE NOT ENTRUSTED TO ANOTHER ORGAN.

THE GENERAL AND SECTIONAL BOARDS MAY CONVENE ASSEMBLY

ONLY TO AFFILIATES THAT AFFECT THE COLLECTIVE BARGAINING AGREEMENT, IN ORDER TO BE THIS ASSEMBLY CHAIRED BY THE BOARD OF DIRECTORS WHO MAKES USE OF THE ATTRIBUTIONS CONTAINED IN THE ORDINALS 5O. FROM THE LETTER TO, AND 3O. FROM THE LETTER B OF THIS ARTICLE. (8)

Art. 222.-THE ASSEMBLY WILL NOT BE CONSTITUTED IF IT IS NOT PRESENT, OR ARE

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REPRESENTED AT LEAST ONE HALF PLUS ONE OF THE UNION OR SECTIONAL MEMBERS.

WHEN THE NUMBER OF MEMBERS REQUIRED IN THE PRECEDING PARAGRAPH IS NOT PRESENT, IT MAY BE CALLED IN THE ACT FOR ANOTHER ASSEMBLY,

MAY BE HELD IMMEDIATELY AFTER THAT FOR WHICH THERE WAS NO QUORUM, OBSERVING THE PROVISIONS OF THE STATUTES. THIS SECOND ASSEMBLY WILL BE HELD WITH THE NUMBER OF MEMBERS PRESENT AND THEIR DECISIONS WILL BE ENFORCED

FORCED.

THE VOTE WILL BE SECRET IN THE CASES OF ELECTIONS, APPROVAL OF MEMORIES OR ACCOUNTS TO BE HELD BY THE BOARDS. IN ALL OTHER CASES THE VOTE WILL BE

PUBLIC.

THE AGREEMENTS THAT THE ASSEMBLY TAKES MUST BE BY SIMPLE MAJORITY OF VOTES,

EXCEPT IN THOSE CASES THAT THE STATUTES REQUIRE A SPECIAL MAJORITY. (8)

Art. 223.-IN THOSE UNIONS THAT ARE ORGANIZED IN SECTIONALS, SE

WILL ALLOW TO FACILITATE THE HOLDING OF GENERAL ASSEMBLIES, WHICH ARE INTEGRATED WITH DELEGATES FROM EACH SECTION, WHO WILL BE ELECTED FOR A YEAR IN ASSEMBLIES CALLED FOR THE EFFECT. THE STATUTES SHALL DETERMINE THE NUMBER OF DELEGATES, WHICH SHALL BE

PROPORTIONAL TO THE NUMBER OF WORKERS AFFILIATED TO THE UNION IN THE RESPECTIVE DIVISION AND THE OTHER PROVISIONS DEEMED APPROPRIATE.

THE UNIONS SHALL MAKE USE OF THE POWER GRANTED BY THE FOREGOING PARAGRAPH, WHERE APPROPRIATE TO THEIR INTERESTS, AS PROVIDED FOR IN THEIR STATUTES.

IN THE CASE OF HOLDING AN ORDINARY OR EXTRAORDINARY ASSEMBLY OF DELEGATES, THE CONCURRENCY OF THE HALF PLUS ONE OF THEM WILL ALWAYS BE NECESSARY AND EACH DELEGATE WILL HAVE THE RIGHT TO ONE VOTE, WITH THE AGREEMENTS BEING TAKEN AS SET OUT IN THE LAST ARTICLE

.

THE PROVISIONS OF THIS ARTICLE WILL NOT TAKE PLACE WHEN IT COMES TO CHOOSING

THE UNION ' S GENERAL BOARD OF DIRECTORS OR TO AGREE TO THE DISSOLUTION OF THE UNION. (8)

CHAPTER VI BOARDS

Art. 224. THE BOARDS SHALL BE OF TWO CLASSES: GENERAL AND SECTIONAL. THE GENERALS WILL BE IN CHARGE OF THE MANAGEMENT AND ADMINISTRATION OF THE ENTIRE UNION

AND THEY WILL HAVE JURISDICTION IN THE WHOLE REPUBLIC; AND THE OTHERS ONLY IN THE CASE OF THE RESPECTIVE SECTION BY COMPANY.

THE NUMBER OF MEMBERS OF THE GENERAL BOARD MAY NOT BE LESS THAN THREE OR GREATER THAN ELEVEN. IF IT ' S AN INDUSTRY OR GUILD UNION, THE MEMBERS

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OF THE GENERAL BOARD WILL BE DISTRIBUTED IN THE COMPANIES IN WHICH THE UNION HAS AFFILIATES. THEREFORE, THERE CAN BE NO MORE THAN SIX MEMBERS

BELONGING TO THE GENERAL BOARD OF DIRECTORS.

THE NUMBER OF SECTIONAL BOARD MEMBERS PER COMPANY MAY NOT BE

LESS THAN THREE OR GREATER THAN SEVEN.

THE NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS OF THE VARIOUS COMPANIES UNION

WILL NOT BE LESS THAN THREE OR GREATER THAN SEVEN, DISTRIBUTED IN THE COMPANIES CONCERNED. (8)

Art. 225.-To be a member of a Board of Directors is required:

1st-Being Salvadoran by birth;

2nd-Being over eighteen years of age;

3rd-Being a member of the union;

4th-Being of Notorious Honesty;

5th-Not being an employee of trust or employer representative; and

6th-Not being part of another board of directors of the same union.

Art. 226.-THEY ARE OBLIGATIONS OF THE GENERAL BOARDS, IN ADDITION TO THE ONES TO ADMINISTER AND TO DIRECT THE UNION AND OF THOSE THAT IMPOSE THE LAWS AND THE

STATUTES, THE FOLLOWING: (1)

1-Carry a book for the registration of the members of the union, one of minutes and agreements

and those of accounting that are necessary. Such books shall be authorized and sealed by the respective department of the Ministry of Labour and Social Welfare;

2-Report to the same department, the names of the members of the boards, within 10 days of the time they have taken office. The quality of members of a board of directors shall be from the moment of the taking of possession expressed, provided that the said report has been given within the term

established and that, in addition, is followed by the corresponding inscription. If the report is issued after the end of the period mentioned, the quality of management shall be recognized from the date on which the report has been submitted to the respective department, always

that is followed by registration;

3rd-COMMUNICATE ONCE A YEAR TO THE MINISTRY OF LABOR AND SOCIAL FORESIGHT,

THE UPDATED PAYROLL OF THE UNION MEMBERS; (8)

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4th-Collect the union fees, and must extend the corresponding receipts;

5th-Deposit the union's funds and securities in one or more of the Republic's banking institutions, without prejudice to the maintenance of a working fund in its own treasury, to address the small amount of expenses;

6th-To be accountable to the general assembly, at least once a year;

7th-RAPPORTEUR A PROVISION OF THE PUBLIC AUTHORITIES, IF REQUESTED, THE SAME INFORMATION AND DOCUMENTATION THAT ACCORDING TO THE STATUTES MUST PROVIDE TO THEIR MEMBERS IN THE OPPORTUNITY OF THE ORDINARY ASSEMBLIES. (8)

8TH-TO SUBMIT ANNUALLY TO THE GENERAL ASSEMBLY THE MEMORY OF THEIR ACTIVITIES; (8)

9º-To monitor the votes in the assemblies, especially regarding the uniqueness and secrecy of the vote;

10th-Negotiate the conventions and collective contracts of work, in accordance with what the provisions of this Code on Procurement prescribe for this purpose collective;

11th-REPEALED (8)

Art. 227.-THE SECTORAL BOARDS SHALL HAVE THE OBLIGATIONS SET OUT IN NUMERALS 1, 4, 5, 6, 7, 9, AND 10 OF THE PREVIOUS ARTICLE, AS REGARDS THE RESPECTIVE SECTION. IN ADDITION, IN ORDER FOR THE GENERAL BOARD TO BE ABLE TO COMPLY WITH

REQUIRED IN NUMERALS 2, 3, 7 AND 8, THE SECTIONALS SHALL COMMUNICATE TO YOU, WITHOUT LOSS OF TIME, THE FACTS AND DATA TO WHICH SUCH NUMBERS REFER. (8)

CHAPTER VII OF THE PRIVILEGES AND PROHIBITIONS OF THE UNIONS AND THEIR SANCTIONS

Art. 228.-It is up to the trade unions:

a) To conclude contracts and collective bargaining agreements;

b) To ensure strict compliance with the laws, collective agreements and contracts they hold and internal regulations of work; and to report irregularities that occur in their application;

c) To present to its members, at their written request, in the exercise of the rights that emanate from individual contracts of work or laws, as well as

to advise them and to promote the technical and general education of workers;

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ch) Create, administer or subsidize institutions, establishments or social works of common utility for its members;

d) Acquire the goods they require for the exercise of their activities;

e) Foster good working-employer relations on the basis of justice, mutual respect and subordination to the law, as well as collaborate in the improvement of working methods and in the increase

f) In general, all activities aimed at the defence of the economic and social interests of the members and their overcoming.

Art. 229. THE TRADE UNIONS ARE INTENDED TO DEFEND THE ECONOMIC, SOCIAL AND PROFESSIONAL INTERESTS OF THEIR MEMBERS. ITS FUNCTIONS, POWERS AND POWERS ARE DETERMINED BY ITS STATUTES, WITHIN THE RESPECT OF THE LAW AND THE

CONSTITUTION.

UNIONS MUST MAINTAIN THEIR INDEPENDENCE FROM THE PARTIES

POLITICS.

IN ADDITION, IT IS ESPECIALLY FORBIDDEN TO THEM:

a) INTERVENING IN RELIGIOUS STRUGGLES, WITHOUT IT IMPLYING RESTRICTING THE INDIVIDUAL FREEDOM OF ITS MEMBERS;

b) DISTRIBUTING DIVIDENDS OR MAKING DISTRIBUTIONS OF THE UNION HERITAGE;

c) LIMITING THE FREEDOM OF WORK OF THE UNAFFILIATED;

ch) COERCING THE UNAFFILIATED TO ENTER THE UNION, TO THE

AFFILIATES SO THAT THEY DO NOT WITHDRAW FROM IT, OR SOME OR OTHERS SO THAT THEY DO NOT JOIN ANOTHER UNION (8)

Art. 230.-THE UNIONS THAT IN THE DEVELOPMENT OF THEIR ACTIVITIES INFRINGE THE PROVISIONS OF THIS CODE OR OTHER LAWS, MAY BE PUNISHED WITH FINE, SUSPENSION OR DISSOLUTION, WHICH SHALL BE IMPOSED BY THE COMPETENT JUDICIAL AUTHORITIES. (8)

THE FINES MAY VARY FROM TWO HUNDRED TO TEN THOUSAND COLONES, NOT BEING ABLE TO EXCEED IN ANY CASE OF THE TWENTY-FIVE PERCENT OF THE UNION ' S ASSETS; THE SUSPENSION

WILL LAST ONE TO SIX MONTHS, ACCORDING TO THE GRAVITY OF THE INFRINGEMENT. (8)

Art. 231.-THE COMMISSION OF ANY INFRINGEMENT SHALL BE FINED

ARTICLE 229. IN THE EVENT OF A SECOND INFRINGEMENT IN THE COURSE OF A YEAR, OR IF THE UNION HAS COMMITTED A VERY SERIOUS INFRINGEMENT, IT WILL BE IMPOSED

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SUSPENSION. (8)

THE DISSOLUTION MAY BE PRONOUNCED ONLY IN CASE OF EXTREMELY SERIOUS VIOLATION OF THE LAW OR OF THE CONSTITUTION. (8)

Art. 232.-THE DISSOLUTION OF THE UNION ALSO PROCEEDS:

(a) WHEN FOR MORE THAN ONE YEAR THE NUMBER OF ITS MEMBERS WOULD HAVE FALLEN FOR

BELOW THIRTY-FIVE;

b) BECAUSE OF THE LEGAL IMPOSSIBILITY OF SUBSIDIZING THE UNION AS IN THE CASES OF CLOSURE OF THE COMPANY, TOTAL TERMINATION OF THE WORK OR OTHER SIMILAR;

AND

c) BY DECISION OF ITS MEMBERS IN ACCORDANCE WITH THE CORRESPONDING

STATUTORY RULES. (8)

Art. 233.-TO IMPOSE THE PENALTIES REFERRED TO IN ARTICLE 230, AND IN THE CASE

OF THE PRECEDING ARTICLE, THE PROCEDURE REFERRED TO IN ARTICLES 619 AND FOLLOWING OF THIS CODE SHALL BE FOLLOWED BY THE COMPETENT JUDGE.

IN THE CASE OF ARTICLE 232, ANY INTERESTED PARTY MAY INITIATE THE RELEVANT JUDICIAL PROCEDURE.

IN THE CASE OF LITERAL D) OF ART. 232, THE DISSOLUTION AGREEMENT SHALL BE COMMUNICATED TO THE DIRECTOR GENERAL OF WORK, TO THE EFFECT THAT IT ORDERS THE CANCELLATION OF THE UNION ' S REGISTRATION IN THE RESPECTIVE REGISTRY AND THE FREEZING OF FUNDS

AND PUBLICATION OF NOTICES REFERRED TO IN ARTICLE 625. (8)

Art. 234.-Cancelled the registration of a union in the respective registry, the one will retain the

legal personality only for settlement purposes.

CHAPTER VIII

OF THE UNIONS ' LIQUIDATION

Art. 235.-Cancelled the registration of the union in the corresponding register, the Director General of Labor will free trades to the Ministers of Labor and Social Security and Social Security, as well as to the last

board of directors of the union, so that within ten days of their receipt, each one of them name a delegate to integrate the Liquidadora Commission of the union. If the Board of Directors of the Board of Directors is not to appoint its delegate, it may be wound up with only the ministerial delegates.

Received by the Director General the appointments, will quote the designated persons, with day and hour marking, to receive them oath to faithfully fulfill their duties and will give them possession

of the position. The Delegate of the Ministry of Labor and Social Welfare will be the president of the commission and will have the judicial and extrajudicial representation of the union.

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Art. 236.-The Director-General of Labour shall fix the period within which the settlement must be terminated. S i cannot be terminated within the prescribed period, may be extended for as long as it is deemed

Art. 237.-The commission will lift inventory of the union's funds, securities and other
and obligations

, for which its last board of directors will give you the union's books, documents, papers, funds and assets, and provide you with all necessary information.

Art. 238.-In the performance of their duties, the Liquidator Commission is responsible:

1-Promote and recover debts in favor of the union;

2nd-Sell the union's movable and immovable property;

3rd-Pacing with debtors and creditors, in judgment or out of it, on the way to perform

the payment of their respective debts, with this object being able to carry out, endorse and accept letters of exchange or credit titles;

4th-Make the necessary payments to satisfy the commitments arising from the liquidation;

5th-Give legal destination to the liquid assets of the union.

Art. 239.-The commission, if deemed necessary, may convene the general assembly or the last

board of directors of the union in order to consult any case not provided for in the law or in the statutes.

Art. 240.-If in the statutes no other thing is disputed, the disposal of real estate must

be carried out in public auction, according to what for the executive judgment has this Code for the execution of sentences.

Art. 241.-The Liquidator Commission may require from the members of the union the payment of the trade union dues that are discovered.

Art. 242.-The Liquidator Commission will not be able to:

1) Take money on loan to pay the union's debts;

2nd) Mortgage or tax in any form the movable or immovable property of the union; and

3º) Dispose of any litigation in which the union is a party and of which it may result

economic benefit.

Art. 243.-Once the debts are satisfied or the sums necessary for the payment are entered, the remaining

will become part of the resources of the Salvadoran Social Security Institute, if in the statutes of the union there is no other thing.

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Art. 244.-Termination of the liquidation, the Liquidator Commission shall submit to the approval of the Director General of Work, the final accounts and an explanatory report of the performance of his mandate,

accompanied by all the documents that clarify and justify its management.

Art. 245.-The books, papers and documents of the union will be deposited in the file of the Ministry

of Work and Social Welfare, where they will be kept for ten years.

Art. 246.-The liability of the liquidators shall remain, according to the general rules of the mandate,

until their clearance accounts are approved.

Art. 247.-Approved the clearance accounts, the Director General of Labor will communicate it to the Minister of Labor and Social Welfare, so that this issue will declare the personality extinguished

legal of the union. This agreement must be published in the Official Journal.

CHAPTER IX

VARIAS PROVISIONS

Art. 248. THE MEMBERS OF THE BOARDS OF THE TRADE UNIONS WITH PERSONALITY

LEGAL OR IN WAYS TO OBTAIN IT MAY NOT BE DISMISSED, MOVED OR UNIMPROVED IN THEIR WORKING CONDITIONS, OR SUSPENDED IN A DISCIPLINARY MANNER DURING THE PERIOD OF THEIR ELECTION AND MANDATE, AND UNTIL AFTER ONE YEAR AFTER HAVING CEASED IN

THEIR DUTIES, BUT FOR A FAIR CAUSE PREVIOUSLY QUALIFIED BY COMPETENT AUTHORITY.

THE PROTECTION REFERRED TO IN THE PRECEDING PARAGRAPH SHALL BEGIN FROM THE DATE

WHERE THE FOUNDERS SHALL PRESENT THEMSELVES TO THE ADMINISTRATIVE AUTHORITY IN ORDER TO REGISTER THE UNION.

THE GUARANTEE SET OUT IN THE FIRST PARAGRAPH ALSO PROTECTS:

A) THE PROMOTERS OF THE CONSTITUTION OF A UNION, BY THE TERM OF

SIXTY DAYS FROM THE DATE ON WHICH THE NATIONAL DEPARTMENT OF SOCIAL ORGANIZATIONS OF THE MINISTRY OF LABOR AND SOCIAL SECURITY AT THE REQUEST OF THOSE, NOTIFY THE EMPLOYER OR EMPLOYERS, THE

NOME OF THE SAME.

NO FURTHER PROMOTION CAN BE ATTEMPTED TO CONSTITUTE A UNION, BUT AFTER SIX MONTHS OF THE PREVIOUS ONE.

B) TO MEMBERS OF THE UNION, WITH A MAXIMUM OF TWO PERSONS FOR EACH OFFICE ESTABLISHED, WHO IN ACCORDANCE WITH THE STATUTES PRESENT THEIR

CANDIDACY FOR A MANAGEMENT POSITION. THIS GUARANTEE SHALL BE EXTENDED FROM THE MOMENT THE EMPLOYER HAD BEEN NOTIFIED IN WRITING WITHIN THIRTY DAYS PRIOR TO THE ELECTION, OF THE EXISTENCE OF

THE CANDIDACY, UP TO A WEEK AFTER THE ELECTION IF THE WORKER HAD NOT BEEN ELECTED. IF ELECTED WILL BE WITHIN THE PROVISIONS OF

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FIRST OF THIS ARTICLE.

THE UNION MUST INFORM THE MINISTRY OF LABOR AND SOCIAL SECURITY, WITH COPY TO THE EMPLOYER, OF THE NAMES AND POSTS WHOSE PROTECTION IT REQUESTS UNDER THIS ARTICLE. IN THE CASE OF THIS POINT, THE COMMUNICATION MAY

BE PERFORMED BY THE WORKER CONCERNED HIMSELF.

FOR THE PURPOSES OF THIS ARTICLE, IT IS UNDERSTOOD THAT THE SHIPMENT OCCURS,

WHEN BY PROVISIONS OF THE PATRON THE PROTÉGÉ IS INTENDED TO PROVIDE ITS SERVICES IN A LOCALITY OR ESTABLISHMENT OTHER THAN THOSE IN WHICH LABORA. (8)

Art. 249.-They shall be entitled to the additional year of guarantee referred to in the previous article, the

union officials who have served their position for the entire period for which they were elected.

Art. 250.-The one who is elected executive to replace one of the members of the union with one of the members

of the union board, will also enjoy the guarantee established in the first paragraph of the Art. 248, but only for the time that I will serve. The additional guarantee of the interim manager shall be of a duration equal to that of the time served.

Art. 251.-THE EMPLOYER WHO DISTURBS THE RIGHT TO THE EXISTENCE OF THE UNION, DIRECTLY OR INDIRECTLY DISMISSING WORKERS WITH THE OBJECT OR THE EFFECT THAT

THE UNION CEASES TO EXIST LEGALLY DUE TO THE LACK OF THE MINIMUM NUMBER OF MEMBERS REQUIRED BY THIS CODE, WILL BE PUNISHED WITH A FINE OF TEN TO FIFTY TIMES THE MINIMUM MONTHLY SALARY, UNLESS IT JUSTIFIES BEFORE THE COMPETENT AUTHORITY THE

LEGALITY OF THE DISMISSAL.

THE DISSOLUTION OF THE COMPANY ' S UNION BY INSUFFICIENCY MAY NOT BE DECLARED

OF THE NUMBER OF AFFILIATES, WHEN THIS INSUFFICIENCY OCCURS AS A RESULT OF UNJUSTIFIED LAYOFFS. THE SAME WILL APPLY TO THE UNIONS ' SECTIONALS, IF THESE EXIST. (8)

Art. 252.-Every employer who has workers affiliated with a union is obliged to withhold the union dues to be delivered to the union, provided that the union has communicated the payroll of the

union workers, through the National Department of Social Organizations, which will process the communication within five days.

The same obligation will have the employer when the liquidating commission of a union

will communicate directly, the payroll and the total amount owed by each worker in terms of union dues not covered, and must retain in the respective dates of payment, the amount that results according to the legal limit.

If the employer for malice or negligence does not comply, in whole or in part, with the obligations imposed on it by this article, it will incur a fine of twenty-five to a thousand colones, according to its

economic capacity, for every time I stop collecting the quotas.

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Art. 253.-The waiver of the membership of a union must be submitted in writing to the relevant board of directors; and the member of the union who receives the union shall submit to the interested person the record

of the day and time of the filing.

The waiver will take its effects, without the need for acceptance, from the moment it is

presented.

Art. 254.-The waiver presented in accordance with the first paragraph of the previous article shall be communicated by
board of directors
the employer within 10 days of receipt of the resignation. In this case, or where the worker himself gives evidence of this, the employer shall cease to hold the trade union quota.

In the event that the members of the board of directors refuse to accept the resignation or to submit the evidence referred to, the waiving worker may go to the respective section of the Ministry of Labor and Social Security to state their case. The section will quote from day and time to the

legal representatives of the union to notify them of the decision of the worker to resign as a member of the union. From this diligence, it will be up to the court to sign the renunciation worker if he is present, and the union manager who appears. If they are unable or not to sign, this

circumstance, penalty of nullity will be stated.

The certification of the previous act shall make the records of the constancy referred to in Art. 253.

When the legal representatives do not appear to the first summons, they will be made a new appointment, and if they do not appear, the section will raise the record by stating this circumstance, and the resignation

will produce all its effects from the date of the worker's appearance, so the section will immediately communicate to the union's board of directors and the employer to cease the discounts of the union dues.

Art. 255.-If the union has expelled one of its members, the corresponding board of directors shall communicate it to the employer within 10 days of the expulsion; and

in this case, as when the worker exhibits evidence of being expelled, the employer shall cease in the retention of the union fee.

Art. 256.-The supervision of the trade union organizations to check if they conform to the legal requirements in the development of their activities, will be in charge of the Ministry of Labour and Social Welfare.

The financial supervision and control of the unions will be carried out by the Ministries of Labor and Social Welfare and Economy, through the corresponding body.

IN EXERCISING ITS POWERS OF VIGILANCE, PUBLIC AUTHORITIES SHALL REFRAIN FROM ANY INTERVENTION THAT STORES TO LIMIT THE RIGHTS AND GUARANTEES THAT THE CONSTITUTION AND THIS CODE ENSHRINE IN FAVOR OF THE UNIONS. (8)

CHAPTER X

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FEDERATIONS AND CONFEDERATIONS

Art. 257.- CINCO*trade unions of workers or three or more of employers, can form a federation; and three or more union federations of workers or employers, may constitute a confederation. (8)

Federations and confederations have the right to be granted legal personality.

Art. 258.-To form a federation or confederation, it is necessary that the general assembly of each union or federation, has authorized the judicial and extrajudicial representative of the union or the federation for that purpose; and that the assembly of foundation is duly authorized by that representative.

Art. 259.-The delegates of the Ministry of Labour and Social Welfare or the notary, acting in accordance with the provisions of Arts 214, 215 and 216, shall take up the record in which all the

acted, and must be expressed in it, in addition:

a) Name, address and class of each organization that concurs;

b) The number and date of the agreement in which the legal personality was granted; and the number, date and volume of the Official Journal in which the agreement and the statutes were published; and

c) The number of the book and the number of the registration in the register.

No union can belong to more than one federation; not a federation to more than one confederation.

Art. 260.-WITHIN THE LAW, THE CONSTITUTION AND THE OBJECTIVES OF THE TRADE UNION ORGANIZATIONS ACCORDING TO THIS CODE, THE FEDERATIONS AND CONFEDERATIONS SHALL HAVE THE POWERS CONFERRED ON THEM BY THEIR STATUTES. (8)

Art. 261.-In the statutes of the federations and confederations they can be attributed to these the functions of the court of appeal against any disciplinary measure taken by one of the

affiliated organizations; those of settling the controversies that are raised among the members of an affiliated union for the reason of the decisions that are taken; and the ones to resolve the differences that occur between two or more of the federated organizations.

Art. 262.-Any union member of a federation and any federation member of a confederation may at any time withdraw from the entity to which they are affiliated, provided that the withdrawal has been agreed upon by its general assembly and communicated to the board members

the board of directors of the respective federation or confederation.

Art. 263.-In so far as it is not provided for in this Chapter and, in particular, in the relative

to legal personality, registration in the respective registry, governing bodies, immobility of directors, sanctions and liquidation of federations and confederations, it will apply in the relevant, the

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willing for trade unions.

CHAPTER XI OF AGRICULTURAL PROFESSIONAL ASSOCIATIONS

Art. 264.-REPEALED (8)

Art. 265.-REPEALED (8)

Art. 266.-REPEALED (8)

Art. 267.-REPEALED (8)

WORKING COLLECTIVE CONTRACT AND CONVENTION SECOND TITLE

WORK COLLECTIVE

Art. 268.-The collective contract of work and the collective bargaining agreement, have as their object

to regulate, during their validity, the conditions that will govern the individual contracts of work in the companies or establishments in question; and the rights and obligations of the contracting parties.

CHAPTER I OF THE COLLECTIVE LABOR CONTRACT

Art. 269. The collective contract of employment is concluded between one or more workers ' unions, on the one hand, and one employer, on the other.

When workers affiliated to a union provide their services to various employers, the union may conclude collective agreements with each of these employers, provided that they are obliged to contract.

Art. 270.-THE WORKERS ' UNION IS THE HOLDER OF THE RIGHTS TO CELEBRATE AND REVISE A COLLECTIVE CONTRACT. TO EXERCISE THE RIGHT TO CELEBRATE FOR THE FIRST TIME

A COLLECTIVE CONTRACT IS NECESSARY FOR THE UNION TO HAVE AS AFFILIATES NOT LESS THAN FIFTY-ONE PERCENT OF THE WORKERS OF THE COMPANY OR ESTABLISHMENT. THE SAME SHALL BE TRUE FOR THE EMPLOYER WHO, IN HIS COMPANY OR ESTABLISHMENT, HAS NO LESS THAN THE PERCENTAGE OF WORKERS AFFILIATED TO A UNION

IF WORKERS BELONGING TO TWO OR MORE TRADE UNIONS EXIST IN THE COMPANY OR ESTABLISHMENT, THE PERCENTAGE REFERRED TO IN PARAGRAPH

OBTAINED FROM THE TRADE UNIONS MAY ACQUIRE THE QUALITY OF PART IN THE CONTRACT MENTIONED, REPLACING THE LOST TRADE UNION, AS THE HOLDER OF ALL RIGHTS AND OBLIGATIONS ARISING OUT OF THE CONTRACT AND THE LAW. THIS WILL ONLY HAPPEN WHEN THE WILL TO REPLACE IS

EXPRESSED BY GENERAL ASSEMBLY AGREEMENT, COMMUNICATED TO THE RESPECTIVE DEPARTMENT OF THE MINISTRY OF LABOR AND SOCIAL FORECAST, WITHIN THIRTY DAYS COUNTED

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FROM THE DATE OF THE AGREEMENT.

THE NATIONAL DEPARTMENT OF SOCIAL ORGANIZATIONS, BY MEANS OF WHICH IT DEEMS APPROPRIATE, WILL VERIFY THE AFOREMENTIONED ENDS AND, FINDING THE COMMUNICATION FOUNDED, WILL DECLARE THE OWNERSHIP OF THE UNION INTERESTED, RESOLUTION THAT

WILL NOTIFY BOTH THIS AND THE LOST ASSOCIATION AND THE PATRON, FOR THE PURPOSES OF LAW, ALSO MAKING THE ANNOTATION IN THE CORRESPONDING REGISTER. (3)

Art. 271.-Every employer shall be obliged to negotiate and conclude a collective contract with the union to which fifty-one percent of the workers of his company or establishment belong, when requested by the union. The union must be equal to 50% of the workers of a company or establishment, when the employer is asked to do so.

If two or more unions have members in the same company or establishment, but none have fifty-one percent at least of the total workers, be it the company

or the establishment, these unions will be able to fill in the percentage mentioned, in which case the employer will be obliged to negotiate and conclude a collective contract with the unions, if they jointly ask for it.

Art. 272.-THE NEGOTIATION AND CONCLUSION OF THE COLLECTIVE CONTRACT SHALL BE COMPULSORY, WHEN THE PERCENTAGE REFERRED TO IN THE PRECEDING ARTICLE HAS BEEN FILLED, AT SOME

MOMENT OF THE SIXTY DAYS PRECEDING THAT IN WHICH ONE OF THE PARTIES HAS SUBMITTED TO THE OTHER, THE APPLICATION AND THE PROJECT REFERRED TO IN ARTICLE 481.

THE REVISION OF THE COLLECTIVE CONTRACT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE IS MANDATORY AND THE PERCENTAGE REFERRED TO IN THE PRECEDING PARAGRAPH SHALL NOT BE REQUIRED. THIS PROVISION IS NOT APPLICABLE TO THE BUSINESS UNIONS

WHICH MUST ESTABLISH THE PERCENTAGE OF AFFILIATES UNDER THIS CODE. (3)

IF IN A COMPANY THE UNION, OR IN ITS CASE THE UNIONS THAT ARE COLIGATED NO

REACH THE PERCENTAGE EXPRESSED IN THE PREVIOUS ARTICLE, THE PARTIES MAY VOLUNTARILY NEGOTIATE. (8)

IN AN ENTERPRISE THERE CAN BE ONLY ONE COLLECTIVE CONTRACT OF EMPLOYMENT, THE STIPULATIONS OF WHICH SHALL BE APPLICABLE TO ALL THE WORKERS OF THE COMPANY WHO HAVE SUBSCRIBED TO IT, EVEN IF THEY DO NOT BELONG TO THE CONTRACTING UNION, AND ALSO TO THE OTHER WORKERS ENTERING SUCH AN ENTERPRISE DURING THE TERM OF THE CONTRACT OR CONVENTION

WORKING COLLECTIVES. (8)

Art. 273.-THE COLLECTIVE CONTRACT OF WORK CONCLUDED IN TIME, MAY BE REVIEWED

BY MUTUAL AGREEMENT OF THE PARTIES, OBSERVING FOR THIS THE PROCEDURES ESTABLISHED FOR ITS CONCLUSION, IN WHATEVER APPLICABLE. (3)

Art. 274.-The corresponding trade union directive may entrust the negotiation of the collective contract to one or more of its members or legally constituted proxies.

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In the case of paragraph 2 of Art. 271, the unions ' directives shall appoint a commission of members of their bosom, or appoint one or more proxies, to carry out the negotiation that is

referred to in the preceding paragraph.

Art. 275.-Every collective contract of work must contain:

a) Place and date of its award;

b) Full and general names of those who subscribe to it and the expression of the quality in which they act;

c) The date on which it will enter into force and its duration;

ch) The general working conditions that will govern the individual contracts concluded or to be held in the company or establishment;

d) Clause determining the rights and obligations of the contracting parties;

e) Clauses that guarantee their execution or effectiveness; and

f) The other stipulations in which are agreed by the contracting parties.

Art. 276.-The contract must be concluded within a period or for the necessary time in the case of the execution of a given work. The period may not be less than one year and no more than three; and shall be extended

automatically for periods of one year, provided that neither party, in the penultimate month of the year or its extension, requests the revision of the contract. The months of the period shall be counted from the date on which the contract enters into force.

The effects of the contract will be extended while the negotiations on the new collective contract will last.

IF THE ECONOMIC CONDITIONS OF THE COUNTRY OR OF THE COMPANY VARY SUBSTANTIALLY, IT MAY BE POSSIBLE FOR EITHER PARTY TO REQUEST THE REVISION OF THE COLLECTIVE CONTRACT OF EMPLOYMENT,

PROVIDED THAT AT LEAST ONE YEAR HAS ELAPSED OF THE ORIGINAL PERIOD, OF ITS EXTENSIONS OR REVISIONS. THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO THE CONTRACT CONCLUDED FOR THE EXECUTION OF A GIVEN WORK. (3)

If the union with whom a employer has agreed a collective contract is dissolved, no other union composed of fifty per cent of the workers who formed the first one, may require a new contract before the date on which the period of time of the contract concluded normally would have expired

.

Art. 277.-ANY EXCLUSION CLAUSE IN THE COLLECTIVE CONTRACT IS PROHIBITED; BY

CONSEQUENTLY THE EMPLOYER MAY EMPLOY OR RETAIN IN HIS BUSINESS WORKERS WHO DO NOT BELONG TO THE UNION. (7)

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In the individual contracts of non-unionized workers, no working conditions other than those granted to the members of the contracting union may be stipulated.

Except for the case of people whose work warrants it for its scientific, artistic or technical hierarchy.

Art. 278.-The collective contract of employment must be written, duly signed and in

as many copies as there are, plus one.

Within thirty days of the celebration, either party will present the

copies to the corresponding section of the Ministry of Labor and Social Security, so that the contract will be entered in the register that will take effect in this section, provided that it complies with the provisions of this Code.

Art. 279.-The section, within five days after the contract is submitted, shall describe the requirements of the form and the capacity of the contractors. If you do not find any violation of the laws, you will verify the registration immediately; otherwise, you will return the copies

of the contract, with the relevant observations.

When a registration is refused and any of the parties will consider it undue, you may

have recourse to the Director General of Labor hierarchically within three days of the notification of the refusal. If the Director finds that the resolution is right, he shall confirm it, in another case, order the registration. Against the resolution of the Director there will be no resource

any.

If, in spite of having made the qualification referred to in this article, a collective contract

is entered, containing clauses that violate the rights enshrined in this Code in favor of the workers, such clauses shall be held in writing.

Art. 280.-In each of the copies of the contract, the time and date of the registration shall be recorded, and the book, number and page in which the seat appears. One copy will be returned to each contractor and one will be retained in the section file.

Art. 281.-The existence of the collective contract of employment can be proved only by means of the duly registered respective document, or by certification of the registration extended by the

corresponding department of the Ministry of Labour and Social Welfare.

Art. 282.-The dissolution of a workers ' union will not affect the obligations and individual rights that emanate from a collective contract.

Art. 283.-The collective contract of work ends:

a) By mutual consent of the parties provided the same requirements have been filled as for their celebration;

b) For bankruptcy or employer's contest;

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c) By exhaustion of the subject matter of the extractive industry;

ch) By the total closure of the company;

d) By the legal impossibility of the subsisting of the contract, as in the cases of termination

total of the work, dissolution of the legal person holder of the company, physical or mental incapacity of the employer that makes it impossible to continue the work and other similar; and

e) other causes established in the contract.

Art. 284.-The collective contract of employment also ends with the dissolution of the union that the

has concluded; but that termination will not take place if in the company or establishment have affiliated to another or other unions, and one of these acquires, at least, fifty-one percent of the total of the workers of the company or establishment, with such that, moreover, that

majority association will agree, in session of the respective assembly, to assume the rights and obligations deriving from the collective contract mentioned. The agreement must be adopted within thirty days of the publication of the last of the notices referred to in Art. 625, and to be communicated to the department

corresponding to the Ministry of Labour and Social Welfare, within ten days of the session of the assembly expressed.

In the case of the second paragraph of Art. 271, the dissolution of any of the contracting unions does not result in the termination of the collective contract. The remaining union shall retain its rights and obligations arising out of the said contract, and shall only be liable for the exclusive obligations of the dissolved union,

if they exist, when it has taken over them, filling the requirements and formalities indicated in the preceding paragraph.

Art. 285. At the end of a collective contract of employment, either party must give timely notice to the respective department of the Ministry of Labor and Social Security, for the cancellation in the corresponding register.

Art. 286.-The obligations of a employer, arising out of a collective agreement, must first be satisfied with the assets of the company or establishment in which the employer is governed
the contract
and if that contract is not sufficient to cover such obligations, the other assets of the employer shall be affected.

The union that subscribes to a collective contract of employment, will also respond with its patrimony

social for the obligations that correspond to it in that contract and, mainly, with the fund created to the effect.

Art. 287.-EVERY COLLECTIVE CONTRACT CONCLUDED IN AN OFFICIAL AUTONOMOUS INSTITUTION, NEEDS FOR ITS VALIDITY OF THE APPROVAL OF THE RESPECTIVE MINISTRY, HEARING PREVIOUSLY THE OPINION OF THE MINISTRY OF FINANCE.

THE AUTONOMOUS OFFICIAL INSTITUTION THAT HOLDS SUCH A CONTRACT

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COMMUNICATE THE TEXT OF THE SAME TO THE COURT OF ACCOUNTS OF THE REPUBLIC. (7)

CHAPTER II OF THE COLLECTIVE LABOR CONVENTION

Art. 288.-The collective labor convention is held between a union of workers and a union of employers.

Art. 289.-All employers ' union is obliged to negotiate a collective bargaining agreement, with the union to which fifty-one percent of the workers of the companies of the associated employers belong.

When a employer has two or more companies, only the company or companies that correspond to the economic activity, for the purposes of the preceding paragraph, shall be taken into account for the purposes of the preceding paragraph.

In the same circumstances, the workers 'union will be obliged to negotiate the collective convention when asked by the employers' union.

Art. 290.-All the provisions of the previous Chapter for the collective agreement shall apply to the collective labor convention, especially with regard to its effects, registration, proof of its

existence and revision.

Art. 291.-Celebrated a collective labor convention, the employer that will separate from the union

employer that celebrated it, will continue, however, obliged to the fulfillment of such convention.

Art. 292.-The dissolution of the union of workers or of employers, will not affect the obligations

and individual rights that emanate from the collective labor convention.

Art. 293.-The collective labor convention ends:

a) By mutual consent of the parties, provided that the same requirements have been fulfilled as for their celebration;

b) For the causes established at the convention.

In any case, any party must give timely notice to the respective department of the

Ministry of Labor and Social Security, for cancellation in the corresponding register.

Art. 294.-The obligations of a employers ' union, arising from a collective agreement,

shall be satisfied first, with the assets of that professional association and, if that is not sufficient to cover such obligations, which shall affect the assets of the undertakings responsible.

The workers ' union that subscribes to a collective labor convention will also respond with its social heritage for the obligations that correspond to it and, mainly,

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with the background created for this purpose.

THIRD TITLE

PROCEDURES TO STANDARDIZE WORKING CONDITIONS IN

DIFFERENT ECONOMIC ACTIVITIES

ONLY CHAPTER

Art. 295.-In order to unite the working conditions in the different economic activities, the employers and the professional associations may ask the Director General of Labor, that the common provisions contained in most collective contracts and conventions

collective work, in force in companies engaged in the same economic activity, be elevated to the category of obligatory observance for all the employers and workers dedicated to that same particular economic activity, provided the following conditions are met:

a) collective contracts and collective labour conventions, in force, the common provisions of which are intended to raise to the category of compulsory compliance, rijan

in fifty-one per cent at least, of undertakings engaged in the same particular economic activity; and

b) That such majority of undertakings, considered as a whole, have at least fifty-one per cent of the employees of that particular economic activity at their service and on a permanent basis.

Art. 296.-The petitioner shall present with his application, the following documents:

a) Ordered and in two copies, the provisions establishing the working conditions to be uniform, contained in the majority of the collective contracts and collective agreements of work in force in companies engaged in

a given economic activity, indicating the book, number and portfolio in which such contracts and conventions are registered, as well as the parties that have concluded them;

b) Certification extended by the Head of the the respective department of the Ministry of Labour and Social Welfare, in which the total number of contracts and conventions in force in the economic activity in question is recorded;

c) Opinion issued by the Ministry of Economy in which the number of companies currently engaged in the given economic activity is expressed whose conditions

work is intended to be uniform;

ch) The crowded ones who see that fifty-one percent, at least, of such

companies, considered as a whole, have at their service and in a permanent way, less, fifty-one percent of the workers of that particular

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economic activity; and

d) Other documents you deem relevant.

Art. 297.-The application, the Director General of Labour, shall be submitted in form, order the publication

of a content notice of an extract thereof, in the Official Journal and in a newspaper of general circulation in the country.

Art. 298. Within 15 days of the publication in the Official Journal, the employers or professional associations concerned and belonging to the economic activity in which they shall comply with the provisions may submit in writing, reasoned opposition.

Art. 299.-The Director-General shall hear both parties for five days, who may extend their pleadings and present other evidence they deem relevant.

Translate the fifteen days referred to in the previous article without any reasoned opposition; or after the terms of the hearings referred to in this article, the Director General shall consult the opinion of the National Council for Economic Planning and Coordination, which shall

give it no later than 60 days.

Art. 300.-On the basis of the parties ' statements, evidence presented to him and the opinion

of the Council referred to; the Director General shall decide on the origin of the application. In any event it shall be declared without place if the opinion expressed is unfavourable.

Art. 301.-If the Director General finds the application, he shall propose to the Minister of Labour and Social Welfare that the contractual provisions which have been motivated by it be declared mandatory in the economic activity concerned.

Accepted the proposal of the Director General, the EXECUTIVE BODY in the Labor and Social Security Ramo, will issue the corresponding decree, declaring mandatory the provisions that

prompted the request. Such a decree will be classified as a contract-law for its labor effects. (7) *

The Decree will be published in the Official Journal and will enter into force thirty days after its

publication.

FOURTH TITLE

JOB RULES

ONLY CHAPTER

Art. 302.-Any private employer permanently occupying ten or more workers and the official or semi-autonomous official institutions have an obligation to draw up an internal rules of procedure

, which they shall submit to the approval of the Director General of Labour, without whose requirement shall not be considered as legitimate. Any amendment to the regulation must be done in the same way.

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Art. 303.-For its approval, the internal working regulations must be in accordance with the provisions of this Code, the laws, contracts and conventions that affect it; and it shall be intended

to establish clearly the mandatory rules of technical or administrative order, necessary and useful for the good march of the company, to which both employers and workers must be held in the execution or development of the work.

Art. 304.-Among the rules referred to in the previous article, the rules of procedure must contain:

a) Hours of entry and exit of workers;

b) Hours and lapses intended for meals;

c) Place, day and time of payment;

ch) Designation of the person to whom it may occur for requests or claims in general;

d) Disciplinary provisions and how to apply them;

e) Labors that must not be executed by women and minors;

f) Time and manner in which workers must undergo medical, prior or periodic examinations, thus as to the prophylactic measures dictated by the authorities;

g) Indications and rules that, in consideration of the nature of the business, business or exploitation, are indispensable to obtain the greatest hygiene, security and regularity

in the development of the work; and

h) The other rules that the Director General of Labor considers necessary.

Art. 305.-The employer may suspend the worker for up to one day, for each disciplinary fault laid down in the rules of procedure.

In special circumstances or in cases where there is no regulation in the company, the Inspector General of Labour may, after obtaining a statement of reasons, grant the employer authorisation to suspend the worker for up to a period of not more than thirty days.

Art. 306.-The employer, within six days of the approval of the regulation, must make it known to the workers, placing in places of easy visibility, copies of it,

printed or written, with entirely legible characters.

The regulation will take effect fifteen days after the date it has been released.

As long as a regulation is in effect, the deadline referred to in the paragraph

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earlier, with respect to new employers or their representatives and new income workers.

THIRD BOOK

FORECAST AND SOCIAL SECURITY

TITLE FIRST

IMMEDIATE BENEFITS IN CHARGE OF THE EMPLOYER

CHAPTER I Illness Benefits

Art. 307.-In cases where the individual worker's illness or common accident is suspended, the employer is obliged to pay him, for the duration of the illness and up to the

reset, an amount equal to seventy-five percent of his basic salary, according to the categories and with the limitations shown below:

FIRST CATEGORY: Comprises workers who have one year or more of being at the service of the employer and entitles, in each year, to enjoy seventy-five percent of their basic salary for sixty days.

SECOND CATEGORY: Comprises workers who have five months or more and less than one year of being at the service of the employer and entitles, during that time, to enjoy seventy-five

percent of their basic salary for forty days.

THIRD CATEGORY: Comprises workers who have a month or more and less than

five of being at the service of the employer and entitles, within that period, to enjoy seventy-five percent of their basic salary for twenty days.

The time limits for the above categories shall be counted from the date on which the worker began to provide his services to the employer, and shall expire on the corresponding date of the subsequent months or years, unless the working relationship has been dissolved by one or more terminations of

contracts, as in that case the months or years shall be counted from the date on which the work was initiated in accordance with the last contract.

When to continue to the service of the employer, the worker has promoted one or two categories

within the first year, he will have the right to enjoy seventy-five percent of his salary during the days that correspond to him in the category in which he is at the date of becoming ill, deduced those that he already enjoyed in the lower categories in that same year.

Art. 308.-The employer shall not be obliged to pay the amount referred to in the preceding article, where the acquisition of the disease or the common accident may be attributed to the serious fault of the worker

Proven worker's fault with the respective Work Judge, the employer

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may obtain the return of the amounts paid and the exoneration in the payment of the future; and the Judge, under the circumstances, shall determine the manner in which the worker shall reintegrate the employer with the

amounts that have been unduly advanced by him.

CHAPTER II

Maternity Benefits

Art. 309.-THE EMPLOYER IS OBLIGED TO GIVE THE PREGNANT WORKER, IN CONCEPT

MATERNITY LEAVE, SIXTEEN WEEKS OF LEAVE, TEN OF WHICH WILL BE COMPULSORILY TAKEN AFTER THE BIRTH; AND IN ADDITION, TO PAY HER EARLY A BENEFIT EQUAL TO SEVENTY-FIVE PERCENT OF THE BASIC SALARY DURING SUCH LEAVE. (15)

IN CASE OF ILLNESS WHICH, ACCORDING TO A MEDICAL CERTIFICATE IS A CONSEQUENCE OF PREGNANCY, THE WORKER SHALL BE ENTITLED TO AN ADDITIONAL PRENATAL REST

WHOSE MAXIMUM DURATION SHALL BE FIXED BY THE REGULATION OF THIS CODE. (8)

WHEN THE BIRTH OCCURS AFTER THE PRESUMED DATE, THE REST TAKEN PREVIOUSLY SHALL BE EXTENDED UNTIL THE ACTUAL DATE OF DELIVERY, AND THE DURATION OF THE COMPULSORY PERIOD OF TIME SHALL NOT BE REDUCED. (8)

IN NO CASE THE EMPLOYER SHALL BE OBLIGED TO PAY, A BENEFIT IN MONEY BEYOND THE LIMITS. PROVIDED FOR IN THE FIRST PARAGRAPH. (8)

THE EMPLOYER MAY DEDUCT, FROM THE BENEFIT IN MONEY REFERRED TO IN THE FIRST PARAGRAPH OF THIS ARTICLE, THE EQUIVALENT OF WHAT THE WORKER WOULD HAVE RECEIVED

TITLE OF ALLOWANCE IN MONEY UNDER THE SOCIAL SECURITY ACT AND ITS IMPLEMENTING REGULATION. (8)

Art. 310. In order for the worker to enjoy the license provided for in the previous article, it shall be sufficient to present to the employer a medical record issued on a simple paper, in which the worker's state of pregnancy is determined, indicating the probable date of delivery.

Art. 311.-In order for the worker to be entitled to the economic benefit established in this Chapter, it will be an essential requirement that she has worked for the same employer during the six months prior to the probable date of the birth; but in any case she will be entitled to the license established in

the Art. 309.

Art. 312.-If the period of maternity leave has elapsed, the worker will check with

medical certification that is not in a position to return to work, the contract will continue to be suspended for the reason of the reason 4 of Art. 36, for the time necessary for its restoration, the employer being obliged to pay the sickness benefits and to preserve her employment.

IF A WORKER LACTS HER CHILD, SHE WILL BE ENTITLED TO THIS END, TO A

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INTERRUPTION OF WORK UP TO ONE HOUR A DAY. TO YOUR ORDER THIS INTERRUPTION MAY BE FRACTIONATED IN TWO THIRTY-MINUTE BREAKS EACH. (8)

PRECEDING PARAGRAPH WORK INTERRUPTIONS WILL BE COUNTED AS WORKING HOURS AND PAID AS SUCH. (8)

CHAPTER III Worker's Death Case

Art. 313.-In the event of the death of the worker, the employer is obliged to deliver immediately to the persons who are economically dependent on him, preferring them in the order in which he has listed them in his contract, or in his absence, in any register of the company, and for the investment to be invested

especially in the worker's funeral, an amount equivalent to sixty days of basic salary; but in no case shall the benefit referred to be less than two hundred and fifty colons.

The employer will not be able to deliver the said amount to a person other than the one to whom it corresponds according to the contract or registration, but when it is incapable, because in such case it must be handed over to its legal representative and, in the absence thereof, to the person who will follow in the order of the

enumeration.

During the term of the contract, the worker may alter the order initially set or

designate people other than those previously designated.

When the worker has not designated in the written contract to the persons who are dependent

economically from him or where the corresponding written contract does not exist, or the said registration, the employer shall comply with the obligation laid down in the first subparagraph, giving the amount of money mentioned above to the most immediate relatives of the worker. If the worker does not

have relatives, the employer will be obliged to make the expenses incurred by the worker's funeral, justifying before the Labor Judge, with the corresponding receipts, the payments that he has made.

TITLE SECOND JOB SECURITY AND HYGIENE

CHAPTER I EMPLOYERS ' OBLIGATIONS

Art. 314.-Every employer must adopt and implement appropriate safety and hygiene measures in the workplace, to protect the life, health and bodily integrity of its workers, especially as regards:

1) Operations and processes of work;

2nd) The supply, use and maintenance of personal protective equipment;

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3º) Buildings, facilities and environmental conditions; and

4th) The placement and maintenance of guards and protections that isolate or prevent hazards arising from machines and all types of installations.

CHAPTER II WORKERS ' OBLIGATIONS

Art. 315.-Every worker shall be obliged to comply with the safety and hygiene rules and with the technical recommendations, as regards: the use and preservation of the personal protective equipment supplied to him, operations and work processes, and the use and maintenance of machinery protections.

You will also be obliged to comply with all the indications and instructions of your employer, which are intended to protect your life, health and bodily integrity.

You will also be obliged to lend all your collaboration to the security committees.

THIRD TITLE

PROFESSIONAL RISKS

CHAPTER I GENERAL PROVISIONS

Art. 316.-Professional risks, accidents at work and occupational diseases to which workers are exposed to, on occasion, or on the grounds of work, are understood.

Art. 317.-Accident of work is any organ injury, functional disturbance or death, which the worker suffers because of the occasion, or because of the work. Such injury, disturbance or death has

of being produced by the sudden and violent action of an outside cause or the effort made.

Work accidents are considered to be accidents that occur to the worker:

1º) In the provision of a service by order of the employer or its representatives, outside the place and hours of work;

2nd) In the course of a justified interruption or rest of the work, as well as before and after the same, as long as the victim is found in the workplace or in the premises of the company or establishment;

3rd) As a result of a crime, quasi-crime, or fault, imputable to the employer, to a worker, or to a third party, committed during the execution of the tasks. In such cases

the employer must assume all the obligations imposed on him by this Title; but his right to claim from the partner or third party, responsible, will be left to him,

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under common law, reimbursement of amounts that have been spent on benefits or allowances; and

4th) When moving from your residence to the place where you perform your work, or vice versa, on the journey, during the time and by the means of transport, reasonable.

Art. 318.-The definition of an accident at work shall be understood to mean any damage that the worker suffers under the same circumstances, in his artificial limbs and which reduces his

capacity for work.

Art. 319.-Professional disease is considered to be any pathological state that has been overcome by the sustained, repeated or progressive action of a cause that comes directly from the work class

that the worker performs or has performed, or of the conditions of the particular environment of the place where the work is carried out, and which produces death to the worker or reduces his capacity to work.

Art. 320.-The provisions of this Title will not apply:

a) To workers at home; and

b) WORKERS WHO ARE HIRED FOR WORK NOT EXCEEDING

FOR A WEEK OR REQUIRE THE EMPLOYMENT OF MORE THAN FIVE PERSONS. (7)

Art. 321.-The professional risks referred to in this Title, will carry responsibility for

the employer, except those produced by strange force majeure and without any relation to the work and the intentionally provoked by the victim.

The employer will also be exempt from liability, when the risk occurred finding the victim in a state of drunkenness or under the influence of a narcotic or drug.

When the worker provides his services to a sub-contractor, the provisions of the last paragraph of Article 5 shall apply.

Art. 322.-In order for the occupational disease of a worker to take responsibility for the employer, it is necessary, in addition:

a) That the disease be included in the list of Art. 332;

b) That the work that is performed or has been performed is capable of producing it; and

c) That a minimum time of services is credited that in the case of experts is sufficient to contract.

The employer will respond to the occupational disease even if it manifests after the termination of the work contract, provided the required extremes are justified in the literals

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a) and b) of this article and that, in the judgment of experts, that disease has been contracted during the term of the contract.

The liability of the employer in the case of the preceding paragraph, may not be deducted after five years of completion of the work.

Art. 323.-Where the occupational risk has caused the worker a temporary incapacity, the employer shall be exempt from any liability if the worker refuses, without fair cause, to

undergo the medical and surgical treatments necessary for his recovery and recovery, and the employer must inform the General Labour Inspectorate in writing within three days of the worker's refusal.

CHAPTER II CONSEQUENCE OF PROFESSIONAL RISKS

Art. 324.-The consequences of the professional risks that employers will respond to are the death and incapacity of the worker.

The disability can be permanent, partial and temporary permanent.

Art. 325.-Total permanent capacity, is the absolute loss of faculties or aptitudes that

makes it impossible for an individual to perform any job, for the rest of his life.

Art. 326.-Partial permanent inability, is the decrease of the faculties or aptitudes of the

victim for the work, for the rest of his life.

Art. 327.-Temporary inability is the loss or decrease of the faculties or aptitudes of the

victim, who prevent you from performing your work for some time.

If the temporary incapacity has not ceased after one year, it will be estimated as

permanent disability.

Art. 328.-Injuries which, without producing incapacity for work, cause serious disfiguration

of the victim, shall be equal to the partial permanent incapacity and shall be compensated in accordance with Art. 346.

Art. 329.-For the purposes of graduating the resulting disability and calculating the compensation

, the following Incapacity Assessment Table is adopted.

PARTIAL DISABILITIES

I LOSSES a) Top Member

1-Shoulder disarticulation, 65 to 80%

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2-Up to a portion between the elbow and the shoulder, 60 to 75%

3-Unjoint of the elbow, 60 to 75%

4-Up to a portion between the fist and the elbow, 50 to 65%

5-All-hand, 50 to 65%

6-Of four fingers, including the thumb and metacarpianos thereof, even if the loss of these is not complete, 50 to 65%

7-Of four fingers preserving the thumb, 40 to 50%

8-From the thumb to the corresponding metacarpal, from 20 to 30%

9-From the thumb only, from 15 to 20%

10-From the phalangina of thumb 10%

11-From the index with the corresponding metacarpal or part thereof, from 10 to 15%

12-From the index finger, from 8 to 12%

13-From the phalangette, with mutilation or loss of the mean finger, with mutilation or loss of the metacarpal or part of this 8%

16-Of the mean finger 6%

16-Of the phalangette with mutilation or loss of the phalangina of the middle finger 4%

17-Of the phalangette only of the fingers index and medium 1%

18-From an annular finger or menique with maiming or loss of the corresponding metacarpal or part of this 7%

19-From an annular finger or menique 5%

20-From the phalangette, with mutilation of the phalangina of the annular or menique 3%

b) Lower member

21-Disarticulation of the hip, 65 to 80%

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22-Of the member between the hip and the knee, 50 to 70%

23-Disarticulation of the knee, 50 to 70%

24-Up to a part between the knee and the ankle, 45 to 60%

25-Foot disarticulation, 30 to 60%

26-One foot, retaining the heel, 25 to 35%

27-First toe with mutilation of its metatarsal, 10 to 25%

28-Of the fifth toe with mutilation of its metatarsal, 010 to 25%

29-First toe 3%

30-From the second phalanx of the first toe 2%

31-From a toe other than the first 1%

32-From the second phalanx of any toe other than the first toe other than the first one

% II ANKYLOSIS

a) From the shoulder, affecting the flexion (propulsion) and the abduction, from 8 to 30%

35-Full shoulder with flexion of the shoulder, 25 to 40%

36-Full elbow, in bending position (favorable) between 110º and 65º, 15 to 25%

37-Full elbow in position of extension (unfavorable) between 110º and 180º, 30 to 40%

38-From the wrist and according to the degree of finger mobility, 15 to 40%

b) From the Pulgar

39-From the carpo-metacarpiana joint, from 5 to 8%

40-From the falangian metacarpo joint, from 5 to 10%

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41-From the interphalangian joint, 2 to 5%

c) From the Index

42-From the metacarpo-falangian joint, from 2 to 5%

43-From the articulation of the first and the second phalanx, from 4 to 8%

44-From the joint of the second and third phalanx 1 to 2%

45-From the last two joints, from 5 to 10%

46-From the three joints, from 8 to 12%

ch) From the Middle

47-Of the metacarpo-falangian articulation 3%

48-Of the joint of the first and second phalanx 1%

49-Of the two last joints 6%

50-Of the three joints 8%

d) Of the Anular and Menique

51-Of the metacarpo-falangian joint 2%

52-Of the joint of the first and second falanges 3%

53-Of the joint of the second and third falanges 1%

54-Of the last two joints 5%

e) Of the Lower Member

56-Of the joint coxo-femoral, 10 to 40%

57-Of the coxo-femoral joint, in poor position (bending, abduction, rotation) 15 to 55%

58-Of the two coxo-femoral joints 40 to 90%

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59-Of the knee in favorable position, in full or near full extent, up to 135th to 15%

60-Of the knee in unfavorable position, in bending from 135th to 30 °, 10 to 50%

61-From the knee in genuine-valgun or varum, from 10 to 35%

62-With sufficient movement of the toes, 5 to 10%

63-Of the foot at right angle, with warping or atrophy that hinders the

mobility of the toes, from 15 to 30%

64-From foot in vicious attitude, from 20 to 45%

65-From the joints of the toes, from 0 to 1%

III PSEUDOARTHROSIS a) Top Member

67-From the humerus, tight, from 5 to 25%

70-From the elbow, from 5 to 25%

70-From the front-arm, from a single bone, tight, from 0 to 5%

71-From the front-arm, from the two bones, tight, from 10 to 15%

72-From the front-arm, from a single bone, laxa, From 10 to 30%

73-From-arm, two-bone, laxa,

from 10 to 45%

74-From the wrist, 10 to 45%

75-From all the bones of the metacarp, from 10 to 20%

76-From a single metacarpal bone, from 1 to 5%

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b) Of The Ungual Falange

77-Of The thumb 4%

78-Of The Other Fingers 1%

c) Of The Other Falanges

79-Of The thumb 8%

80-Of The Index 5%

ch) Lower Member

82-Of the hip, 20 to 60%

84-Of the knee, with badgarlic leg, 10 to 40%

85-Of the kneecap, with fibrous callus 10 to 20%

86-Of the kneecap, with bone or short fibrous callus, 5 to 10%

87-From the tibia and the fibula, from 10 to 30%

88-From the tibia alone, from 5 to 15%

90-From the first or last metatarsal, from 3 to 5%

IV SCARS

-From the armpit, when you leave the arm's full adduction, 20 to 40%

93-At the bend of the elbow, when the bending can be done between the 45º

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at 75º, 20 to 40%

94-In palmar aponeurosis with stiffness in extension or flexion, 10 to 20%

95-In palmar aponeurosis with stiffness to pronation or supination, from 5 to 15%

96-In palmar aponeurosis with rigidities combined, 10 to 25%

97-Total total pressure for hand pressure, by bending or permanent extension of the fingers, even the thumb (with ankylosis) proper or without them), 50 to 65%

98-Wolkman ischaemic retraction, cases where the thumb is affected and pressure is impossible, 50 to 65%

99-Free thumb, cases with free thumb, 30 to 45%

100-In the popliteal bone, in extension from 135º to 180º, from 10 to 25%

V FUNCTIONAL DIFFICULTY CONSECUTIVE TO NON-JOINT INJURIES, BUT TO SECTIONS OR LOSSES OF TENDONS

a) Permanent Flexion of a Finger

102-From thumb, 5 to 15%

103-From any other finger, 5 to 10%

b) Permanent Extension of a Dedo

104-From thumb, 8 to 15%

105-From index, 5 to 10%

106-From any other finger, from 5 to 8%

c) By Vicious Or Bad Consolidations

107-From the humerus, when producing a muscle deformation and atrophy, from 5 to 20%

108-From the olecranon, when a short, fibrous, 1 to 5% callout occurs

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109-From the olecranon, when a long fibrous callus occurs, 5 to 15%

110-From the olecranon, when it produces noticeable triceps atrophy, by very long fibrous callus, from 10 to 20%

111-From the hand movements, from 5 to 15%

112-From the face-to-arm bones, when they produce limitations of the pronation or supination movements, of 5 to 15%

113-From the collarbone, when producing shoulder stiffness, from 5 to 15%

114-From the hip, when the lower limb is in extension, from 5 to 10%

115-From the femur, with a shortening of one to four centimeters, with no joint injuries or muscle atrophy, 5 to 10%

116-Of the femur, with a shortening of three to six centimeters, with muscle atrophy of 10 to 20%

117-Of the femur, with a shortening of one to six centimeters with permanent joint rigidities, 15 to 30%

118-Of the femur, with a shortening of six to more centimeters with atrophy muscle and joint rigidities, from 20 to 40%

119-From the femur, with shortening of six or more centimeters, with external angular deviation, permanent muscle atrophy and knee flexion, not passing from 135th, from 40 to 60%

120-From the neck of the femur, surgical or anatomical, with shortening of more than ten centimeters,
angular deviation, and rigidities

a shortening of three to four centimeters, with a shortening of three to four centimeters, with a large and outgoing size of 10 to 20%

122-Of the tibia and fibula, with angular consolidation in deviation of the leg out or inside, secondary deviation of the foot with shortening

more than four centimeters, gear possible, 30 to 40%

123-From the tibia and fibula, with angular consolidation or shortening

considerable, gait impossible, 45 to 60%

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124-Of the ankle, with dislodging of the foot inward or outward, 15 to 35%

VI PERIPHERAL NERVE INJURY PARALYSIS

a) In the Upper Member

125-Total member, 65 to 80%

126-By subscapular nerve injury, 5 to 10%

127-By circumflex nerve injury, 20 to 25%

128-By muscle-skin nerve injury, 20 to 30%

129-By lesion of the median nerve, in the arm, from 40 to 50%

130-By lesion of the median nerve, in the hand, 15 to 20%

131-By lesion of the median nerve, with causalgia, 40 to 70%

132-By lesion of the cubital, if the lesion is in the path from the elbow to the wrist,

from 50 to 55%

134-By radial injury, if you are injured above the triceps branch, 45 to 60%

135-By radial injury, if you are injured below the triceps branch, 30 to 40%

b) In the Lower Member

136-Member Total, 50 to 70%

137-By internal or external popliteal sciatic nerve injury, 15 to 30%

138-By internal popliteal sciatic nerve injury, with causalgia, 30 to 50%

139-By crural nerve injury, 40 to 50%

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VII INJURIES

A) In the Head

a) In the Craneo

140-When you produce a complete menouplegy of the top member, 65 to 80%

141-When you produce a lower complete menouplegia, 40 to 60%

142-When you produce a lower complete paraplegia with no esfinternal complications, 65 to 85%

143-When producing a lower paraplegia with esfinternal complications, 75 to 100%

144-When producing a complete hemiplegia, 75 to 100%

145-When leaving aphasia and agrafia, 10 to 50%

146-When you leave uncurable traumatic epilepsy surgically and when

the crisis properly checked allows you to perform a job, 40 to 60%

147-In the common eye or the external eye motor, from 0 to 20%

149-In the pneumogastric (depending on the degree of functional disorders checked), 10 to 40%

150-In the hypoglous, when it is unilateral, from 5 to 10%

151-In the hypoglous, when bilateral, from 30 to 50%

152-When they produce diabetes mellitus or insipidus, 5 to 30%

b) On the Face

153-Extensive mutilations, when they comprise the two upper jaws and the nose, according to the loss of substance from the soft parts, from 80 to 90%

154-Mutilation that comprises the upper jaw, pseudoarthrosis, with chewy, 40 to 60%

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155-Mutilation comprising the upper jaw, pseudoarthrosis, with possible but limited chewing, 10 to 30%

156-In both previous cases, when by means of prostheses, the chewing is improved, from 0 to 10%

157-Injuries producing palatine vault substances, according to the site and the extension, from 5 to 25%

158-Lesions in the lower jaw, pseudoarthrosis with loss of substances or without, after the failure of the surgical interventions, when it is the very lax pseudoarthrosis, which prevents the chewing or is

very insufficient or completely abolished, from 40 to 60%

158-a-When very tight or lax,

in the ascending branch,
5 to 10%

158-c-When it is tight in the synphysis,

from 10 to 15%

158-ch- When it is lax, in the synphysis,

from 15 to 25%

158-d-In case by means of prosthesis is achieved functional improvement, the 90% of

percentages of the 158 and previous literals of this.

159-Injuries of those resulting in vicious consolidations, when not

articulating the dental parts, doing the limited chewing, 10 to 25%

159-a-When the joint of the pieces

dental is partial, 0 to 10%

159-b-When the chewing is corrected by means of prostheses, from 0 to 5%

160-Injuries of which the opening of the l to the mouth is prevented by preventing oral hygiene, pronunciation, chewing

or leaving the saliva to drain, from 10 to 25%

161-Injuries that result in irreducible luxuration of the joint

maxillary, 10 to 25%

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162-Amputations more or less extensive of the tongue with adhesions and as a result of the blocking of the word, and of the swallowing, of 10 to 30%

b-1) In the Eyes

163-Extraction of one eye 45%

164-Concentric field of the visual field 30 th in

both eyes, 10 to 20%

165-Concentric visual field with vision only at 10 ° or less, one eye, 10 to 15%

166-Concentrated visual field with vision only at 10 or less, of the two eyes, 50 to 60%

167-When the decrease in visual acuity is permanent and cannot be improved with glasses, the percentages of incapacity will be calculated

according to the following Table:

When an Eye When an Eye Profits is

Normal has a certain visual required

1-The normal unit 0 0% 25% 30%

2. Normal unit 1/20 5% 20/800 25% 30%

3-Normal unit 2/20 10% 20/400 20% 30%

4-Normal unit 4/20 20% 20/200 15% 20%

5-Normal unit 6/20 30% 20/155 10% 15%

6-Normal unit 10/20 50% 20/ 97.5 5% 10%

7-Normal unit 12/20 60% 20/ 77.5 0% 10%

8-Normal unit 14/20 70% 20/ 60.2 0% 0%

168-Vertical, horizontal and other eye injuries.

1-Right or left-hand homonymous, 10 to 20%

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2-Heteronimas nostrils, 5 to 10%

3-Temporary Heteronimas, 20 to 40%

4-Superiors, 5 to 10%

5-Inferment, 40 to 50%

6-In quadrant, 5 to 10%

7-Diplopia, from 10 to 20%

9-Two-to-20% internal Oftalmoplegia

10-Deviations from palpebral edges, (eotopion, simblephon), from 0 to 10%

11- Epipfora, 0 to 10%

12-Tear Fistulas, 10 to 20%

b-2) In the Nose

169-Nose Mutilations, No Nasal Stenosis, 0 to 3%

170-Nose, 5 to 10% Nasal Stenosis

171-Nose Studs that leave it reduced to a scar stump, with strong nasal stenosis, 10 to 40%

c) In the Oids

172-Full-sided complete bilateral 60%

174-Incomplete incomplete Sordera
15 to 30%

176-Sordera complete one side and incomplete from the other, 30 to 45%

177-Traumatic Labyrinthine Vertigo, 20 to 40%

178-Loss or excessive deformation of the pavilion of an ear, 0 to 5%

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179-Loss or excessive deformation of the two-ear flag, 5 to 10%

B-On the vertebral column

180-Inabilities consecutive to trauma without injury to the bone marrow:

a) Persistent deviations from the trunk and head, with strong gagging of movements 10 to 25%

b) With permanent stiffness of the spine, 10 to 25%

c) When the march is possible with crutch, 70 to 80%

C-In the Laringe and in the Traphea

181-Injuries that produce scar narrowing when they cause dysphonia, 5 to 15%

182-Injuries producing dyspnoea, 5 to 15%

183-Injuries producing dyspnoea and need to use tracheal cannula in

remain, 40 to 65%

CH-In the Torax

185-Injuries in the sternum, when they produce a deformation or functional impairment of the thoracic or abdominal organs, 1 to 20%

186-Fracture of ribs, when as a result there is some functional impairment of the thoracic or abdominal organs, from 1 to 60%

D-In the Abdomen

187-Lesions in the organs contained in the abdomen, from 20 to 60%

188-Irreducible pubis or relaxation of the pubic synphysis, from 15 to 30%

189-Fracture of the ischiopubian branch or the horizontal of the pubis, with vesical or walking disorders, from 30 to 50%

190-Vicious scars of the belly walls, from 1 to 15%

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191-Inoperable digestive tract or its attachments, 10 to 50%

E-In the Urinary Genito Apparatus

192-Infranqueable urethra from the post-traumatic urethra, not

curable and forcing the urination to be performed by a perineal or hypogastric meato, from 50 to 80%

193-Total loss of the penis forcing the urination to be performed by an artificial meato, 50 to 90%

194- Loss of the two testes in persons under 20 years of age

90%

195-Loss of the two testes in people 20 years of age, in

forward, 30 to 80%

196-Loss of a testicle, half of the two percentages of the numerals

194 and 195.

When the resulting incapacity is indicated in the table above a variable percentage,

must be taken into account for its determination: the age of the worker; the importance of the incapacity in relation to his profession; whether it is absolute for the exercise of the usual profession even if he is skilled at dedicating himself to another job or if he has simply diminished his/her skills for the performance of that profession;

as well as any other circumstance that is considered to be attachable in each case.

Art. 330.-When the permanent incapacity cannot be graduated by the Table contained

in the previous article, the degree of incapacity will be determined prudentially by the competent judge, attended to the circumstances and hearing before the report of experts.

Art. 331.-In any case, the following total permanent disabilities shall be considered as total permanent disabilities:

a) The anatomical or functional loss of both upper limbs, of both members

lower or of an upper and lower member, in their entirety or in their essential parts, with the hand and foot being considered essential parts;

b) The loss of the two eyes or the total loss of their visual acuity;

c) The loss of an eye or its visual acuity accompanied by the reduction in more than fifty percent of the visual acuity of the other; and

ch) The organic or functional lesions of the brain and chronic mental states (chronic psychosis, maniatic and analog states), of greater severity than those referred to in

the Table of Art. 329 and reputed as incurable.

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Art. 332.-For the purposes of Art. 322 (a), the following list is adopted:

PROFESSIONAL PNEUMOCONIOSIS

BRONCO-PULMONARY DISEASES PRODUCED BY ASPIRATION OF DUST AND FUMES OF ANIMAL, PLANT OR MINERAL ORIGIN.

1.-Affections due to inhalation of powder of pen, horn, bone, crin, hair and silk; collars, manufacturers of trimmings and goods, cutters and hair combers, manufacture of brushes, brushes, brushes.

2.-Madebreds: carpenters, loggers, ebanists and paper industry workers.

3.-Tabacosis: workers in the tobacco industry.

4.-Bagazosis: workers who manipulate bagasse, as in the sugar industry; tolveros, sifting and bagaceros, in the paper industry and fertilizer manufacture.

5.-Suberosis: cork workers.

6.-Affections due to inhalation of powders of cereals, flours, hay, jute, kenaf, zacate and henequen; loaders, alijators, stowers, collectors, farmers, trillators, sunshades (of straw hats), packers, millers, bakers, workers

of the hard fiber industries, furniture manufacturers, paper industry.

7.-Bisinosis: cotton yarn and fabric workers and other handlers of this

product.

8.-Asma of printers (by arabic gum).

9.-Antracosis: carboneros, blacksmiths, foragers, smelters, bonkers, dehollinators and

other workers exposed to inhalation of coal dust, of graphite and anthracite.

10.-Siderosis: smelters, polishers, welders, limmers, torners and iron oxide handlers

11.-Calcicosis: workers who handle calcium salts, such as calcium carbonate and sulfate

and in the gypsum industry.

12.-Stanosis: workers in the tin mines, furnaces and smelters of the metal, or of the

oxide.

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13.-Silicatosis: workers exposed to aspiration of pulverulent silicates (batan land, kaolin clays).

14.-Affections due to inhalations of synthetic abrasives: esmeril, carborundo, alaxite, used in the preparation of moulds, abrasive papers and polishers.

15.-Silicosis: miners, pozeros, bartenders, areneros, potters, stone and rock workers, tunnels, roads and dams, sand jet pullers, ceramics, cement,

smelters, chemical industry and refractory products containing silica.

16.-Asbestosis or amantosis: bartenders, in the textile industry, paper, cement, as insulating material of heat and electricity.

17.-Beriliosis or gluciniosis: workers who manufacture and manipulate alloys for X-ray, electrical and aeronautical industry, welding, furnace bricks, lamps

fluorescent and atomic industry.

18.-Affections due to inhalation of cadmium dust: foundry workers,

preparation of alloys, dentures, photo-electric industry, telephone, colorants, stained glass, accumulators and welders.

19.-Talcosis or steatosis: workers in the chemical and cosmetics industry, who handle talc or steatite.

20.-Aluminium or "aluminium lung": smelters, pulverizers and aluminium polishers, painters and pyrotechnics; in their mixed form, by inhalation of alumina and silica (Shaver's disease), in workers of bauxite and abrasive foundry.

21.-Affections due to inhalation of mica powder: manufacture of refractory glass, insulators, spectacles, decoration papers, luminous advertisements, varnishes, enamels,

lubricants, explosives and in ceramics.

22-Affections due to inhalation of diatoms (land of infuseries, diatomite,

tripoli, kiesselgur); workers handling silicic products in amorphous state, derived from skeletons of marine animals, in factories of filter plugs, insulators and absorbent powders.

RESPIRATORY TRACT DISEASES CAUSED BY GAS AND VAPE INHALATIONS

Affections caused by inorganic and organic chemical substances that determine the simple or irritating asphyxiating action of the upper or irritant airways of the lungs.

23.-Asphyxiation by the azoe or nitrogen: workers who work in oxidation processes in confined means, cleaning and repair of vats, production of ammonia and calcium cyanamide.

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24.-For carbon dioxide or carbon dioxide: workers exposed during combustion or fermentation of carbon compounds, gasification of mineral waters

and preparation of carbon snow, pozeros and latrines.

25.-By methane, ethane, propane and butane: oil industry workers, gas

liquid and petrochemical industry.

26.-For acetylene: workers engaged in their production and purification, handling of

carbide lamps, welders and chemical and petrochemical industries.

27.-Irritating action of the upper respiratory tract by ammonia: workers in the production of this substance and its compounds, oil and industry refineries

petrochemicals, chemical operations, ice making and fridges, preparation of fertilizers for agriculture, latrines, pozeros, stammers, and stables.

28.-For sulphur, sulphur dioxide: sulphur combustion workers, preparation of sulphur dioxide in gaseous and liquid state, manufacture of sulphuric acid, dry cleaning, bleaching, preservation of food and fumigators, refrigeration, paper of

colours, stammers, and miners of sulphur mines.

29.-By formaldehyde and formol: workers in the manufacture of synthetic resins, industry

of food, photographic, quarrel, textile, chemical, hulera, tinder, laboratory work, preservation of anatomical parts and embalmers.

30.-By aldehydes, acridine, acrolein, methyl furfurol acetate, methyl formate, selenium compound, styrene and sulfur chloride; workers in the chemical, petrochemical and handling industries.

31.-irritating action on the lungs, by chlorine: workers in the preparation of chlorine and chlorinated compounds, of bleaching and disinfection, in the textile and paper industry of

the sterilization of water and the manufacture of chemicals.

32.-By phonosgen or carbonyl chloride: dye-making workers and

other synthetic chemicals, fire extinguishers.

33.-For the oxides of azoe or nitrous vapours: workers in the manufacture and handling of nitric acid and nitrates, stammers, engravers, chemical, pharmaceutical,

, chemical, explosive, synthetic dyes, soldering, nitrated fertilizers and silos.

34.-For sulphuric anhydride: workers in the manufacture of sulphuric acid, refineries

of petroleum and chemical synthesis.

35.-By ozone: workers using this agent in the production of peroxide and in

the refining of oils, fats, flour, starch, sugar and textiles, in the bleaching and sterilization of water, in the electrical industry and in welding.

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36.-By the bromine: workers who handle bromine as a disinfectant, in chemical laboratories, metallurgy, chemical-pharmaceutical industry, photography and colorants.

37.-By fluoride and its compounds: workers who handle these substances in the industry stained glass, engraving, silt coloring, wood varnish, bleaching, welding and

as cement waterproofing; the preparation of hydrofluoric acid, aluminum metallurgy and beryllium, superphosphates and compounds, preparation of insecticides and raticides.

38.-For methyl sulphate: workers handling this compound in various industrial operations.

39.-Bronchial asthma by alkaloids and diethyl diethyl ether-poly-isocyanates and toluylene di-isocyanate: workers in the chemical, pharmaceutical, hulled, plastic and lacquer industries.

DERMATOSIS

Skin diseases (excluding those due to ionising radiation), caused by mechanical, physical, inorganic or organic or biological agents; acting as primary irritants or sensitisers, or causing chemical burns; which are usually presented under the forms

erythematous, edematous, vesiculosa, eczema or costrous.

40.-Dermatosis by heat action: blacksmiths, smelters, caldermen, bonkers, horneros,

glass workers.

41.-Dermatosis by exposure to low temperatures: workers in fr cams,

making and handling ice and refrigerated products.

42.-Dermatosis by action of sunlight and ultraviolet rays: outdoor workers,

salesmen, welders, glassware, physiotherapy cabinets, etc.

43.-Dermatosis produced by chlorhydric, sulfuric, nitric, hydrofluorine, fluorisic,

chlorosulfonic acids: workers in the manufacture of chlorine and chlorinated organic products (chloric acne); fatty acids, bleaching, chemical industry, handling and preparation of sulphuric acid; manufacture, handling and use of hydrofluoric acid, in the petroleum and petrochemical industries, glass, ceramics, laboratories, etc.

44.-Dermatosis by action of caustic soda, caustic potash and sodium carbonate: workers engaged in the production and handling of these alkalis.

45.-Dermatosis, skin ulcerations and nasal septum perforation per action of chromates and bicromates: workers in the dye, chrome, wallpaper, pencils

factories of colors, sprinkles, explosives, pyroxylated gunpowder, Swedish phosphors; in the textile industry, hulera, tanneries, tineries, photography, photoengraving and chroming

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electrolytic.

46.-Dermatosis and arsenical keratosis, nasal septum perforation: workers in the arsenals, dye industry, paint, color paper, dry cleaning, dyeing, ceramics, insecticides, raticides, domestic preparations and other manipulators

of arsenic.

47.-Dermatosis by action of nickel and selenium oxychloride: foundry workers and

various manipulations.

48.-Dermatosis by action of lime or calcium oxide: workers in the manipulation of lime, preparation of bleaching powder, plaster, cement, chemical industry and masons.

49.-Dermatosis by action of organic substances: acetic acid, oxalic acid, formic acid, phenol and derivatives, cresol, dimethyl sulphate, methyl bromide, ethylene oxide,

mercury fulminate, tetryl, phthalic anhydride of trinitrotoluene, paraffins, tar, brea, dinitro-benzene: workers in the manufacture and use of these substances (photosensitizing action of the last three).

50.-Dermatosis by benzol and other organic solvents: workers in the textile industry, hulera, tinder, stained glass, chemical, fertilizers, linolite cements, etc.

51.-Dermatosis by action of oil-cutting oil (oil button or elaiconiosis), crude oil: workers who use these products in grease work,

lubrication, degreasing, in the oil industry, petrochemicals and derivatives.

52.-Dermatosis by action of hydrocarbon derivatives, hexamethylene-tetramine,

formaldehyde, calcium cyanamide, anilines, parafenylene-diamine, dinitrochloro-benzene, etc., in workers who use and manipulate these substances.

53.-Callosities, cysuras, and cracks by mechanical action: loaders, alijators, stowers, barrows, spinners, combs and manipulators of fibers, hemp, kenaf wool, etc.. harvesters of cane, vainilleros, gardeners, marmileros, blacksmiths, toners, cutters

sastres, washerders, cooks, shoemakers, writers, cartoonists, glassers, carpenters, ebanists, bakers, sunshades, engravers, pullers, musicians, etc.

54.-Dermatosis and dermatitis by biological agents: hospital personnel, biological laboratory workers, matarifes, agricultural workers, bakers, specialists, wheat, flour, hairdressers, tanners, shipyard workers, who

manipulate parasitic cereals, penicillin and other medicated compounds, etc.

55.-Other dermatoses. Contact dermatosis: paint handlers, colorants

vegetables, metal salts, cooks, lavers, launderers, miners, specialists, photographers, bartenders, ebanists, barnizers, rag degreasers, bataners,

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oil and gasoline handlers, tissue whiteners by sulfur vapors.

OCULAR appliance diseases

Diseases produced by powders and other physical agents, chemicals, and radiation.

56.-Blefaroconiosis: workers exposed to the action of mineral powders, plasterers, miners,

potters, polishers, manufacturers of aluminum and copper objects, mercury manipulators, cement, etc.; vegetables, carboneros, bakers, etc.; or animals, mats, etc.

57.-Eczema of the eyelids: workers of the chemical-pharmaceutical industry, antibiotics and beauty products, etc.; of the petrochemical industry, manufacture of plastics, etc.; carpenters, workers of the rubber, of products derived from the parafeniledoniamine,

etc.

58.-Conjuntivitis and pterigions for high temperatures: blacksmiths, smelters, horneros,

laminators, tinkers, etc.

59.-Conjuntivitis by gases and vapours, or allergic, workers exposed to the action of the

ammonia, sulphur dioxide, formol, chlorine and derivatives, nitrous vapours, sulphuric acid, ozone, etc.; which manipulate wool, hairs, polenes and medicated products, etc.

60.-Queratitis: marmoleros, pozeros, latrineers, workers of artificial fibres from cellulose and other workers exposed to the action of sulphuric acid (sulphurous hydrogen).

61.-Querato-conjunctivitis by radiations: actinica, in the salineers, welders, glassers, workers of the incandescent lamps of mercury and those exposed to the ultraviolet

solar; infrared, in the workers of the arc lamps, of mercury vapours, ovens, autogene welding, metallurgy, glassware, etc.; radiologists and other workers of the manufacture and handling of x-ray and other sources of energy

radiant.

62.-Eye Argyrosis: cincelers, goldsmiths, pullers, silvers, glass pearl manufacturers, chemicals.

63.-Catarata: of the glassware, blacksmiths, smelters, technicians and workers of the X-ray cabinet.

64.-Extrinsic ocular paralysis, amaurosis, and retrobulbar neuritis: workers exposed to the

plump risk.

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65.-Sulph-carbonic retinopathy: workers exposed to carbon sulphide poisoning.

66.-Neuritis retrobulbar: workers exposed to intoxication by methyl alcohol, mercury, benzol, trichlorethylene.

67.-Oftalmia and electrical cataract: electrical welding workers; electric furnaces or exposed to electric arc light during production, transportation and

distribution of electricity.

POISONINGS

Diseases produced by absorption of powders, fumes, liquids, gases or toxic vapours of chemical, organic or inorganic origin, by the respiratory, digestive or skin pathways.

68.-Fosforism and hydrogen poisoning: workers in the manufacture and handling of phosphorous compounds or derivatives of white phosphorus, catalysis in the petroleum industry, manufacture of phosphorus bronze, insecticides, raticides,

parasiticides, phosphorous hydrogen, alloys and pyrotechnics.

69.-Saturnism or plumbic intoxication: workers from lead smelters, industry of

accumulators, ceramics, painters, plumbers, printers, manufacturers of canned boxes, toys, tubes, cable wraps, welds, varnishes, albayalde, enamels and lacquers, insecticidal pigments and other lead handlers and their

compounds.

70.-Hydrogyrism or mercurialism: metal manipulators and their derivatives, manufacturers of

thermometers, manometers, mercury vapors, electrolysis of the brines, conservation of seeds, fungicides, manufacture and manipulation of explosives and in the chemical-pharmaceutical industry.

71.-Arsenality and Arsenated Hydrogen Poisoning: workers in arsenic plants, mineral and metal smelters, dye industry, paints,

color paper, dry cleaning, dyeing, ceramics, insecticides, ratiticas, other domestic preparations and other arsenic manipulators.

72.-Manganesism: metal shredders and manipulators, of the manufacture of alloys

of steel, copper or aluminium, manufacture of dry batteries, in the bleaching, dry cleaning and bleaching of glass, welders.

73.-Fever of zinc smelters or tremor of zinc welders: smelters and welders of metal, of galvanizing or sealing, brass casting or welding of galvanized metals.

74.-Oxicarbonism: of internal combustion engines, ovens and confined spaces,

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Calderers, miners, firefighters and in all cases of incomplete coal combustion.

75.-Cianica poisoning: workers who handle hydrocyanic acid, cyanide and plant compounds for the benefit of the extraction of gold and silver from their minerals, smelters, photographers, soda makers, textile industry, chemistry, synthetic rubber, materials

plastics, thermal treatment of metals, fumigation, use of cyanogen and tinker in blue.

76.-Intoxication by methyl, ethyl, propyl and butyl alcohols: workers who use them as solvents in the manufacture of lacquers and varnishes, in the preparation of essences and tintorial materials and in the chemical and petrochemical industries.

77.-Hydroalism by oil and coal derivatives: workers in the petroleum, petrochemical, coal, and perfume industries, and others exposed to the absorption of these substances.

78.-Poisoning by toluene and xylene: workers handling these solvents in the industry of insecticides, lacquers, hulera, quarrel, photoengraving, acid manufacture

benzoic, benzyl aldehydes, dyes, paints, varnishes.

79.-Intoxications by methyl chloride and methylene chloride: workers who use

methyl chloride as a refrigerator or methylene chloride as solvents or in the paint industry.

80.-Intoxications produced by chloroform, carbon tetrachloride and chlorine-bromine-methanes: workers who manipulate these substances as solvents, fumigants, refrigerants, fire extinguishers, etc.

81.-Intoxications for methyl bromide and freons (fluorinated derivatives of halogenated hydrocarbons): workers using them as fridges, insecticides and preparation

of fire extinguishers.

82.-Intoxications by di-chlorethane and tetra-chlorethane: workers who manipulate these

substances as a solvent of fats, oils, waxes, rubber, resins, gums, lacas dilution, wool degreasing and chemical industry.

83.-Hexa-chlorethane Poisoning: workers who use it for aluminum degreasing

and other metals.

84.-Poisoning by vinyl chloride or monochloroethylene: workers in the manufacture of

plastic materials and their use as a refrigerator.

85.-Poisoning by glycol mono-chlorhydrin: workers exposed during the

manufacture of ethylene oxide and glycols, composition of lacquers and handling of fertilizers and fertilizers.

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86.-Intoxications by tri-chlorethylene and per-chlorethylene: workers using these solvents in metallurgy, dry cleaning, in the degreasing of metal and wool articles,

manufacture of bitumen and paints.

87.-Intoxications by chlorinated insecticides: workers who manufacture or manipulate derivatives

chlorinated aromatics such as dichloro-diphenyl-trichlorethane (DDT), aldrin, dieldrin and the like.

88.-Intoxications for chlorinated and chlorinated naphthalenes: workers who

use as electrical insulators, manufacture and manipulation of insecticides.

89.-Sulpo-carbonism: workers exposed during their production or in the use of solvent in the manufacture of rayon, cellophane, optical glass, vulcanization of cold rubber,

as a pesticide and in the extraction of fats and oils.

90.-Sulphidricism or sulphurated hydrogen poisoning: production workers of

these substances, miners, aljibers, bricklayers, furnace cleaners, pipes, retorts and gasometers, vinairers and in the rayon industry.

91.-Diethylene dioxide (dioxan) poisoning: workers using these solvents in the lacquer industry, varnishes, paints, inks, wax resins and plastics; preparation of histology tissues.

92.-Benzolism: workers who use benzol as solvent in the hulled industry, waterproofing of fabrics, manufacturing of nitro-cellulose, petrochemical industry, of the

dress, lacquers, glass, graphic arts, textiles, ceramics, paintings, photogravure, footwear industry, dry cleaning, etc.

93.-Intoxications by the Tetra-hydro-furan: workers in the textile industry, who use it as solvent.

94.-Intoxications by aniline (analism) and compound: chemical industry workers, colorants, inks and pharmaceuticals.

95.-Nitro-benzene, toluidins and xylidines-Intoxications: workers in the dyestuffs, paints, lacquers and aniline manufacturing industry.

96.-Intoxications by trinitro-toluene and nitro-glycerin: industry workers and

explosive manipulation.

97.-Lead tetra-ethyl poisoning: manufacture and handling workers

of this anti-detonator, preparation of fuels, cleaning and welds of the containers containing it.

98.-Poisoning by organic-phosphorous insecticides: workers in the production and manipulation of tetra-phosphate hexaethyl (TPHE), tetra-ethyl phosphate (PPTE), parathion

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and derivatives.

99.-Poisoning by dinitrophenol, dinitroorthocresol, phenol and pentachlorophenol: workers using these compounds as fungicides and insecticides, in the manufacture of dyes, resins and wood preservation.

100.-Intoxications by benzidine, naphthylamine alfa, naphthylamine beta and para-diphenylamine: workers who manipulate these substances in the hulled industry and manufacture of

dyes.

INFECTIONS, PARASITOSIS AND MYCOSES

Diseases caused by action of bacteria, parasites and fungi, generalized or localized.

101.-Carbunco: herders, corraleros, block mozos, matarifes, veterinarians, tanners,

spers, trappers, crin manipulators, bristles, horns, meat and bones of cattle, horses, rams, goats, etc.

102.-I sleep: corraleros, mozos of blocks, caretakers of caballar cattle, veterinarians, matarifes.

103.-Tuberculosis: doctors, nurses, fans, amphitheater mozos, butchers and miners, when there has been a previous silicosis.

104.-Syfilis: glass blowers (primary buccal accident), doctors, nurses, amphitheater mozos (primary accident in the hands).

105.-Tetanus: chivalrizas, butchers, block mozos, cattle keepers and veterinarians.

106.-Brucellosis: veterinarians, herders, butchers, cattlemen, computers, milks, technicians

lab, etc.

107.-Micetoma and cutaneous actinomycosis: field workers, bakers, wheat millers,

barley, oats, and rye.

108.-Anquilostomiasis: miners, ladymen, potters, terreros, gardeners and areneros.

109.-Leishmaniosis: chicleros, huleros, vainilleros and loggers of tropical regions.

110.-Onchocerciasis: agricultural workers of the coffee plantations.

111.-Esporotricosis: peasants, floriculturists, land packers and plants, zacate workers and furs.

112.-Candidasis or monolithic: fruit and workers keeping hands or feet

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constantly wet.

112. -A-Encefalitis: equine in chivalrizas, block mozos, etc.

DISEASES PRODUCED BY MECHANICAL FACTORS AND VARIATIONS OF

AVERAGE NATURAL ELEMENTS OF WORK

113.-Bursitis and hydrogas: workers in whom repeated pressures are carried out, such as miners, loaders, alijators, stowers, and others in which pressures are exerted on certain joints (knees, elbows, shoulders).

114.-Osteoarthrosis and angioneurotic disorders "dead finger": workers who use pneumatic hammers, mechanical perforators and similar tools, riveting drillers, stone carvers, laminators, blacksmiths, calderers, pullers of

foundry, workers who use martinetes in shoe factories, etc.

115.-Rettraction of the palmar aponeurosis or the finger tendons of the fingers:

cordels, bründers, recorders.

116.-Deformations: workers adopting forced positions, shoemakers, turning workers,

rice pickers, loaders, tailors, stone carvers, miners, seamers, cartoonists, carpenters, and fingerprint.

117.-atrophic rhinitis, atrophic pharyngitis, atrophic laryngitis and algias for high temperatures: foundry workers, ovens, frwaters, glass, boilers, lamination, etc.

118.-Congelatures: workers exposed to the action of low temperatures.

119.-Disease of the "drawers" of the divers and the late osteo-arthrosis of the shoulder and the hip: workers who work under the sea level, in "drawers" of compressed air, divers.

120.-Evil of airmen, aeroembolism, otitis and sinusitis baro-traumatic: aircrafts subjected to atmosphere with rarefied air during the flight at high altitudes.

121.-Lung emphysema: wind instrument musicians, glass blowers.

DISEASES PRODUCED BY IONISING RADIATIONS

(EXCEPT CANCER)

122.-Use of radio-elements (gamagrafia, range and beta-therapy isotopes), use

of radiation generators (workers and X-rays), who present:

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a) In skin, erythemas, thermal burns or necrosis;

b) In eyes, cataracts;

c) In blood, changes in hematopoietic organs, with leukopenia, thrombocytopenia

or anemia;

d) In sex glands, testicular disorders with disorders in the production of sperm and sterility; ovarian disorders with ovular modifications and hormonal dysfunctions;

e) Genetic effects due to mutations of chromosomes or genes;

f) Early aging with shortening of the average life span.

CANCER

Malign degenerative diseases due to the action of industrial carcinogens of inorganic or organic physical or chemical origin or from diverse localization radiations.

123.-Skin cancer: workers exposed to the action of outdoor ultraviolet rays (farmers, mariners, pawns); to X-rays, radioactive isotopes, radium and other

radio-elements; arsenic and its compounds, products derived from the distillation of coal, tar, pitch, asphalt, creosote; products from the distillation of bituminous shales (oils from lubricating shales, paraffin oils), petroleum products

from petroleum (fuel oils, oil oils, oil oils, paraffin, oil).

124.-broncho-pulmonary cancer: workers suffering from asbestosis (pleural mesothelioma), or

that manipulate powders of chromates, arsenic, beryllium.

125.-Miscellaneous cancers: carcinomas (and papillomatosis) of the bladder in the workers of the

aromatic amines; leukemias and osteosarcomas by exposure to radiation; benzenic leukosis.

ENDOGENOUS diseases

Affections derived from industrial fatigue.

126. -Hypoacusia and deafness: workers exposed to noises and trepidations, such as laminators, crushers

of metals; weavers, coners and trocileros; blacksmiths, rivets, telegraphers, radio-telegraphers, phoneers, airmen, weapons testers and ammunition.

127.-Cramps: workers exposed to repetition of movements, such as telegraphers, radio-telegraphers, violinists, pianists, fingerprints, writers, etc.

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128.-Chronic laryngitis with nudity in the vocal cords: teachers, singers, announcers, theatre actors.

129.-Tenno-synovitis of the wrist: pawns, masons, palters, adjusters, torneros.

CHAPTER III RESPONSIBILITIES

Art. 333.-In the event of professional risks, the employer is obliged to provide the worker free of charge, until the worker is fully restored or by a medical opinion is declared permanently incapacitated or dies:

a) Medical, surgical, pharmaceutical, dental, hospital and laboratory services;

b) Prosthetic and orthopaedic devices deemed necessary;

c) The costs of the victim's transfer, lodging and feeding, when for his/her cure, must be transferred to a place other than that of his habitual residence; and

ch) A daily allowance equivalent to seventy-five per cent of his basic salary during the first sixty days; and the equivalent of forty per cent of the same salary, during the days after, up to the limit of fifty-two weeks.

When by refusing the employer to provide the benefits set out in the literals (a), (b) and (c), the worker or third person shall bear the costs necessary to provide them,

shall have these reimbursement actions against the employer. If it is a hospital of the State or a public utility association who has provided the services referred to in the related literals, the respective president or director may certify the expenses incurred, having such certification force

executive.

Art. 334.-The worker is obliged to reimburse the expenses that the employer has made of

conformity to the previous article, when in the corresponding judgment the employer is declared exempt of responsibility.

Art. 335.-Where the occupational risk causes the death of the worker, the employer shall be

compensation in the amount and form laid down in the following Articles.

Art. 336.-Compensation will be paid to the spouse or life partner, children under the age of

eighteen years of age or disabled fully for the work and the ascendants over the age of sixty or completely incapacitated for the job unless it was proved that they were not economically dependent on the worker even in part.

In the absence of the persons mentioned in the previous paragraph, the compensation will be paid to the

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persons who were partially or fully dependent on the worker and in proportion to the degree of dependency, provided that they were under eighteen years of age or totally incapable of work.

Art. 337.-The worker's death allowances shall be paid in the form of pensions, as follows:

To the children, until they are eighteen years old, but if they are not fully trained for the work at the age of 18 years, and less than ten years after the worker's death, the compensation must continue to be paid until those ten years elapse or until

that the incapacity will cease, if this occurs before.

The spouse or life partner for ten years, unless the worker's death is fifty years or more, for in this case the pension will be life-threatening.

To the ascendants for ten years.

To the other people who were economically dependent on the worker for three years; but if they were under the age of eighteen, they would be paid the compensation for the remaining time to satisfy that age, without exceeding the limit of three years. If at the age of eighteen years

are completely incapacitated for work and have elapsed less than three years since the death of the worker, the compensation must continue to be paid until the three years elapse or until the incapacity is ceased, if this occurs before.

Art. 338.-The employer shall be obliged to pay in compensation, an amount calculated on the basis of the basic salary payable by the victim and the amount of which shall be:

a) Of forty per cent, if there is only one beneficiary;

b) Of sixty per cent, if there are two beneficiaries;

c) Of eighty per cent, if there are three beneficiaries; and

ch) Of one hundred per cent, if there are four or more beneficiaries.

When a spouse or life partner and other beneficiaries are present, the first is 40% of the amount to be paid, and the rest to the others equally; unless only the spouse or life partner has another beneficiary, in that case it will be fifty percent for each one.

If the economic dependence of the favored ones is partial, in the case of the second paragraph of Art. 336, the percentages contained in this article will be reduced proportionally

of the competent Judge

Art. 339.-The spouse or life partner who is male, shall be entitled to compensation

, provided that, in the case of experts, he has no aptitude for the work.

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The rights granted by this law to the spouse or partner of life shall expire if they are to be married or live in concubinage.

You will also lose your right to the spouse or life partner who will give up children under eighteen years of age with the victim.

Art. 340.-The right of one or more beneficiaries to increase proportionally that of the others, when without having received all the pension that corresponds to it, for the period that the law points out, ceases its

right for any cause. For these purposes, the life pension of the spouse or life partner shall be estimated in ten years.

The right to increase does not alter the percentage of compensation to which the employer is obliged.

Art. 341.-If the risk poses a total permanent incapacity to the victim, the employer will pay him an indemnity in the form of a life pension, equivalent to sixty per cent of his salary.

If, as a result of the accident, the victim is in need of the constant assistance of another person who is not his family member, depending on the circumstances, the judge may increase the lifetime pension until eighty

percent of the salary.

Art. 342.-If the incapacity produced by the risk is partial permanent and the percentage fixed,

according to the Table of Incapacity Assessment, be of twenty per cent or more, the employer will pay the victim, in the form of pensions and for ten years, an allowance equivalent to that percentage, calculated on the amount that should be paid if the incapacity is permanent total.

Art. 343.-When, as a result of the same risk, a worker results in two or more partial permanent disabilities and the sum of the respective percentage fixed in the Table of

Incapacity Assessment is 20% or more, the employer will pay the compensation corresponding to the sum of these percentages, calculated in the form indicated in the previous article.

But if in the cases to which this article refers, the sum of percentages will throw a total of one hundred percent, or more, the incapacity will be considered as total permanent.

Art. 344.-Where, as a result of the risk, the worker suffers the aggravation or increase of a previous incapacity, whether or not he has a professional risk, the compensation corresponding to the difference between the overall percentage of the incapacity, including the previous incapacity and the percentage corresponding to the latter, shall be awarded.

However, when the previous inability has a percentage that is less than twenty percent in the Incapacity Assessment Table, the percentage corresponding to the resulting

global disability must be paid if the percentage is 20 percent or more.

Also, if the resulting global incapacity constitutes a total permanent incapacity, the

compensation shall be paid in accordance with this, without taking into account the pre-existing incapacity, even if the worker has already received compensation for this.

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Art. 345.-When the worker has refused, without fair cause, to undergo the necessary medical and surgical treatments for his healing and restoration, it will be an increase

of his incapacity, the employer will not be responsible for such an increase if this could have been avoided with the treatment omitted, in the judgment of experts, and provided that he has given written notice of the refusal to the General Inspection of Work, within the three days following from happened.

Art. 346.-In the case of Art. 328, the employer is obliged to pay the victim a compensation whose amount and form of payment will be equal to that which would correspond in the event of permanent incapacity

partial, according to the percentage of equivalence determined by the Judge, hearing the opinion of experts, provided that the percentage is twenty percent or more. To make this determination, the personal conditions of the victim, such as profession, age, sex, etc., will be taken into account.

Art. 347.-The compensation to which the employer is obliged in the cases of death or permanent incapacity, in whole or in part, must be paid in full, without the amounts being deducted by the employer for the costs of recovery and recovery.

Art. 348.-For the calculation of the compensation, if the employer provided the victim with supplementary benefits, such as food, room, etc., the basic salary will be increased

up to a maximum of thirty percent for all of them, given the circumstances, unless the employer continues to provide such benefits to the victim.

Art. 349.-For the purposes of calculating the allowances and benefits in money referred to in this Title, whatever the ordinary daily wage actually paid by the worker, no salary shall be considered to be less than the minimum wage set at no more than thirty daily colons.

Art. 350.-The pensions referred to in this Title shall be paid on the last working day of each month.

Art. 351.-At any time when the obligation to pay the compensation referred to in this Title may become null and void, the interested parties may have recourse to the competent Judge of Work

so that, with knowledge of the case, he may order the employer to take due account of his legal obligation in a reasonable term; and if he does not do so in the term, the judge may then order the compensation to be paid in a comprehensive manner.

If the incapacity is permanent, the amount of the compensation will be calculated based on the probable duration of the victim's life, according to expert opinion.

Sufficient conditions: the mortgage, the insurance policies of the solvent insurance companies, the bank bonds and any other guarantee that the judge will give due to the solvency of the employer.

Art. 352.-The Work Judge may authorize the overall payment of the compensation or the part of it that has not yet been paid, in circumstances necessary and useful to the worker, such as:

a) To attend to the professional rehabilitation of the victim in a recognized technical institute;

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b) To purchase a property or install a business or industry that the victim is trained to attend; and

c) When for the amount of the compensation, it is more favorable to the worker or its beneficiaries.

In the classification of circumstances the Judge shall take into account the economic situation of the employer and the habits of the worker or of his beneficiaries, as well as any other elements of judgment

which tend to ensure the payment of compensation or to prevent its distoning.

Art. 353.-The advance or overall payment of the compensation shall also be made by professional persons if the persons concerned agree on this even if they have not been preceded by judgment
prior
approval of the competent judge, provided that this is not a total permanent incapacity.

Art. 354.-If additional amounts are required to cover the rehabilitation of the victim,

at a technical institute, the Judge may authorize the payment in advance of several pensions at one time, taking into consideration the economic capacity of the employer; but in no case can more than six advance pensions be paid.

Art. 355.-The Inspector General of Labour may authorize the overall or partial payment of the indemnity for professional risk in the same cases as the Labor Judge, when acting in accordance with

to the General Provisions of the Law of General Budget and Special Budgets of Autonomous Official Institutions.

Art. 356.-The indemnities to which workers are entitled under this Title shall be increased by up to a third of their amount, when the accident or illness has occurred for the purpose of infringing the rules and recommendations on safety and hygiene
the competent authorities

Also, when the accident or illness has occurred for violation of those

rules and recommendations by the worker, the compensation will be reduced by up to a third of its amount.

The increase or decrease, in the cases of this article, must be agreed by the Judge of Labor, prior to the report of the authorities concerned.

Art. 357.-If the risk results in the mental alienation of the victim, or the risk will be deafened and not

could be understood in writing, the compensation shall be paid only to the person who in these cases represents it in accordance with the law, or, failing that, to the person whom the Judge of the Working person designates among those listed in Art. 336, taking into account the family circumstances of the demented

or deafomudo.

In the same way it will be done when it comes to victim beneficiaries who are minors of

age or who suffer from mental alienation or deafness.

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Art. 358.-The indemnities referred to in this Title are of a personal nature, not being able to be transferred by act between the living or transmitted by cause of death.

Art. 359.-At any time, the employer, victim or beneficiaries may, as the case may be, be asked to review the judgment in which compensation has been determined, provided that the application is based on the

aggravation, attenuation or disappearance of the incapacity, or in the event that the victim has died as a result of the risk.

CHAPTER IV INSURANCE

Art. 360.-The employers of companies engaged in activities which by their very nature

or by special circumstances offer a danger to the health, physical integrity or life of the workers, in the opinion of the General Directorate of Social Welfare, are obliged to assure those workers who, by participating in the execution of dangerous tasks, are exposed to risks

professionals. Such qualification shall not be required in respect of undertakings engaged in any of the activities referred to in Article 106.

Art. 361.-Notwithstanding the provisions of the previous article, the Ministry of Labour and Social Welfare, after obtaining the opinion of the Directorate-General for Social Welfare on the conditions of safety and hygiene prevailing in the applicant's workplace, may relieve the employers of the obligation

to ensure that their workers have more than enough goods to answer for the obligations arising from the professional risks.

However, when the economic conditions of the employer vary substantially, the Ministry of Labour and Social Welfare, at the request of an interested party, may revoke the concession referred to in the preceding paragraph at any time.

Art. 362.-The employers of those companies where the professional risks have not been frequent and are used systems and safety equipment appropriate to their activities, in the judgment of the

Directorate General of Social Security, may be relieved of the obligation to assure their workers, provided that they constitute a sufficient bank bond to guarantee the fulfilment of the obligations that this Title imposes on them.

The employers concerned must apply for the exemption to the Ministry of Labour and Social Welfare, which, once the circumstances mentioned in the previous paragraph are justified, will fix the amount of the bond to be surrendered.

For approval, the security shall also meet the following requirements:

a) That is granted by a legally established bank in the country;

b) That covers a period not less than one year; and

c) That the guarantor expressly disclaims the benefit of excusing goods.

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Rented and approved the bail, the Ministry of Labor and Social Welfare, will grant the requested exemption.

Art. 363.-The employer who is not Salvadoran and who, in the opinion of the Ministry of Labor and Social Welfare, does not have sufficient assets to cover the responsibilities that this Title imposes on him,

must assure its workers against professional risks, whatever the nature of the tasks they perform in their company.

Art. 364.-Insurance policies, in the case of Articles 360 and 363, shall cover a period not less than one year, except in the case of temporary work having a shorter duration.

After the deadline, as well as when for any cause the policy will be cancelled before

of its expiration, a new insurance must be granted immediately.

Art. 365.-Outside the cases of the previous articles, it will be optional for the employer to insure

or not to its workers for the professional risks that they could suffer.

Art. 366.-The insurance contracts will not be awarded but with registered insurance companies

in the register that will take effect in the Ministry of Labour and Social Welfare. Only those companies whose economic solvency can guarantee compliance with the obligations imposed by this Title shall be entered in this register.

Of any insurance policy subscribed to guarantee the professional risks that may occur to the workers, the respective company must send a certified copy to the Ministry of Labor

and Social Security.

Art. 367.-The employers must fix printed notices in visible places of the establishment

indicating the name and address of the insurance company and the duration of the policy.

Art. 368.-The insurance contract does not exempt the employer from the obligation to indemnify the risks

professionals if, for any cause, the insurance company will not verify it in the form and time prevented. Consequently, the insured worker or his beneficiaries must direct their action, in the first instance against the insurance company and, in the alternative, against the employer.

FOURTH PROCEDURAL RIGHT BOOK

TITLE FIRST

OF THE JURISDICTION, COMPETENCE, AND CAPACITY OF THE PARTIES

ONLY CHAPTER

Art. 369.-It is up to the Judges of the Labor and the other judges with jurisdiction in matters of work, to know in the first instance of the actions, exceptions and resources that are exercised in judgments

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or individual conflicts and collective conflicts of work of a legal nature, which are raised on the basis of laws, decrees, contracts and work regulations and other labour standards. Likewise

they will know of actions of voluntary jurisdiction to which such laws and norms will have place. In the second instance, they will know the Chambers of Labor.

Art. 370.-THE CHAMBERS OF THE SECOND INSTANCE OF THE LABOR OF THE CAPITAL, WILL KNOW IN THE FIRST INSTANCE OF THE INDIVIDUAL TRIALS OF WORK AGAINST THE STATE. IN THE SECOND INSTANCE, HE WILL KNOW THE CIVIL COURT OF THE SUPREME COURT OF JUSTICE; AND IN CASSATION,

THE COURT IN PLENARY, WITH THE EXCLUSION OF THE CIVIL HALL. (7)

Art. 371.-The Judge competent to know of the proceedings, individual judgments or conflicts of work and of the legal collective conflicts referred to in Art. 369, shall be:

(a) The address of the defendant; and

(b) that of the territorial division in which the respective work activities are carried out or have been carried out or which shall be affected by the conflict. If these activities are carried out in a number of territorial constituencies, the judge of the place

shall have jurisdiction in the principal place of business.

The above rules will apply even if the respondent does not have a worker quality or

worker.

Art. 372.-Where there are several competent judges, they shall be subject to prevention.

Art. 373.-The working jurisdiction is unextendable except in the case of the sixth paragraph of Art. 422. Territorial jurisdiction may be extended only where the defendant has not alleged

in due time the exception of incompetence; but even in this case, in the case of the single instance and in the collective conflicts of a legal nature, it cannot be extended.

Art. 374.-Every person over the age of eighteen years can appear at work trials on his own or through another who represents him.

Art. 375.-They may appear for another:

a) Legal representatives and special curators, in cases permitted by law;

b) Judicial and extrajudicial representatives of societies and associations;

c) Judicial and extrajudicial representatives of a trade union, when this must

represent its members in the exercise of the rights emanating from individual employment contracts;

ch) Exercise lawyers and judicial prosecutors;

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d) The students of jurisprudence and social sciences who have fully approved the subjects of Labor Law. This faculty will last for three years starting

from the date the subjects were approved. Such a circumstance shall be established with the respective certification;

e) THE ATTORNEY GENERAL OF THE REPUBLIC OR ITS DELEGATES, REPRESENTING THE WORKERS, IN THE CASES PERMITTED BY THE ORGANIC LAW OF THE PUBLIC MINISTRY. (7)

Art. 376.-THE WORKER OVER TWELVE YEARS OF AGE AND UNDER EIGHTEEN YEARS OF AGE SHALL BE IN THE FORM OF HIS LEGAL REPRESENTATIVE OR THROUGH THE ATTORNEY GENERAL OF THE REPUBLIC. THE LATTER SHALL BE OBLIGED TO REPRESENT HIM PERSONALLY OR BY MEANS

OF ITS DELEGATES, WITH THE SOLE REQUIREMENT OF THE MINOR OR ANY OTHER PERSON.

THE NULLITY WHICH CONSISTS OF HAVING COMPARED THE MINOR BY ITSELF, MAY NOT

BE VALIDATED AND MUST BE DECLARED TO BE REQUESTED FROM EITHER PARTY OR OFFICE IN ANY OF THE INSTANCES, UNLESS REQUIRED BY ITS LEGAL REPRESENTATIVE OR THE ATTORNEY GENERAL OF THE REPUBLIC, RATIFY THE ACT, WITHIN A THIRD DAY, COUNTED FROM

DAY FOLLOWING THAT OF THE RESPECTIVE NOTIFICATION. (7)

Art. 377.-The parties or their representatives may designate one or more commendations by writing

public, or in minutes to be raised before the judge of the cause, signed by him, his secretary, the power or other person to his request if he does not know or cannot sign and the appointed presidents, all penalty of nullity.

They may also appoint their chief executives in writing to the judge or secretary of the court or in writing. In these cases the nominee must accept the charge before

the respective official, and may replace the power as long as the mandante has not been prohibited.

SECOND TITLE

INDIVIDUAL JUDGMENTS PROCEDURE

CHAPTER I ORDINARY JUDGMENT

DEMAND

DEMAND

Art. 378.-The demand in which the total of the claimed exceeds two hundred colons, or is

of indeterminate value, shall be ventilated in ordinary judgment.

Art. 379.-Demand may be verbal or written and must contain:

1) Designation of the judge to whom it is filed;

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2) Name of the actor and his age, marital status, nationality, profession or office, address and place to hear notifications;

3) Indications of the place in which the work is performed or performed on the occasion of which the conflict originated, specifying its address as soon as possible;

4) Ordinary salary earned by the worker, ordinary day, work schedule and date or time approximate initiation of the employment relationship;

5) Relationship of the facts;

6) The name and address of the defendant and the address of his/her room or local home in

who habitually serves his business or provides his/her services.

7) Petitions in precise terms;

8) Place and date; and

9) Signature of the actor or who appears to him or the person who signs to your request. If the claim is verbal and the actor is unable or unable to sign, that circumstance shall be recorded.

Art. 380.-For the purposes of the completion of the formalities referred to in Art. 386, the written request, as well as its modification or extension, shall be filed with as many copies

as defendants. If the application is verbal, if any, of its modification or extension, the copies shall be drawn up for the same purposes.

Art. 381.-If the application does not contain the requirements listed and which are necessary because of the nature of the action or actions exercised, the judge must order the actor to remedy the omissions, in the appropriate manner. That order must be satisfied within three

days after the notification of the respective resolution. If that is not addressed in the above term, the application shall be declared inadmissible. The healing can be done in a verbal form if the person concerned so wishes.

The omission of the order referred to in the previous paragraph, will make the judge incur a fine of twenty-five to fifty colones, which will impose the high court with the sole view of the cars. In the same fine the judge will incur that when receiving a verbal request it will omit any of the mentioned

requirements in the act that such demand settles.

Art. 382.-The application of the process will be driven ex officio.

Art. 383.-The modification and extension of the application shall be permitted only once and before the hour indicated by the judge for the conciliation hearing. In this case it will be left without

effect the pointing of that hearing and will be quoted again to the parties.

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When the modification of the claim is over the name of the person in demand; it will be understood that new demand has been filed, but the latter will only happen when the judge

produces the conviction that it is a different person.

Art. 384.-When the actor has a common motive to sue two or more people, he will be

obliged to exercise his actions in a single lawsuit.

When multiple people, whose rights derive from the same act or act, have to sue

to one, they can exercise their respective actions in the same lawsuit.

SECOND SECTION OF THE CITATION TO RECONCILIATION AND PLACEMENT

Art. 385.-The application shall be admissible, the judge shall immediately summon the two parties to conciliation, taking into account the distance from the place where the defendant is to be summoned.

If several defendants are required and reside in different places, the judge shall fix the term of the site taking into account the place where the farthest resides. The corresponding cuttings,

in this case, must contain prevention that they appoint a single prosecutor to represent them; if they do not do so, in the same conciliatory hearing, the judge will appoint one of them special curator of all.

When the defendant is a company or a legal person, and several jointly have the representation, the placement shall be made to any of them, without prejudice to the provisions

in Art. 421.

Being the judgment against a succession, the heir or heirs who would have taken

ownership of the company or establishment, for having executed acts of patron, shall be placed.

If the defendant has not been summoned for at least three days, from the date set for the hearing

, the hearing shall not be verified; further notice shall be made and the parties shall be summoned in the legal form, all penalty for nullity.

The citation to conciliation will have the quality of placement to answer the request, prevents the jurisdiction of the judge and forces the defendant to follow the trial before it, even if after, for any reason, no longer be competent.

Art. 386.-The summons shall be issued by way of delivery to the defendant, a copy of the claim and a corner which shall contain a full copy of the order in which it is given place, day and time for the conclusion of the conciliation.

For this purpose, the defendant shall be sought in his or her home in a room or at the premises where he habitually attides his business, and not being present, he shall be left with the copy and corner with his wife,

children, partners, dependents, domestic or any other person residing there, provided that they are of age. If the mentioned people refuse to receive it, the copy and corner will be fixed in

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home or local door.

The defendant may also be sought in the place of work indicated in the claim. If it is not present, it shall be left to the copy and to be taken with one of the persons who, according to the law, have a quality of employer representatives, and the defendant or his representatives shall refuse to receive it, shall be fixed

at the door of the establishment. If the defendant is the worker, the copy and the goods shall be delivered in the place of work only in person.

However, if at the place of judgment there are two or more sites in which, according to the foregoing points, the defendant may be sought, the quotation shall not be made by the fixing of the copy and the corner, but after having been sought in all of them if they were known to the citer, even if they were not indicated in the application.

The person to whom the copy is delivered will sign your receipt, if you want and you can. The person in charge of practicing the diligence, will put on record the way in which he carried out

the summons, penalty of nullity.

Art. 387.-The summons to the plaintiff shall be made in the manner set out in the previous article, but

without the need for the delivery of a copy of the claim.

Art. 388.-Concurating the parties to the conciliatory hearing, this will be developed in the manner

below:

1) The judge will read aloud the lawsuit;

2nd) Next, acting the judge as moderator, the comparators will discuss the matter on the basis of the reasons they deem pertinent, ending the debate at the time in

that the judge considers it appropriate, and

3rd) The judge will make an objective summary of the case, making the participants see the

convenience of resolving the matter in a friendly way, and will invite them to propose a formula of arrangement. If an agreement is not reached, it will propose to them the solution that it deems equitable and must be expressly stated if they accept them in full or

partially or if they reject it in its entirety.

Of all that occurred in the conciliation hearing, it will be recorded in a record that the judge, the secretary, and the comparator will sign. If the latter do not want or cannot sign, it will be entered

so.

If the parties, or any of them, do not contest the conciliation hearing, such a

circumstance shall be entered in the minutes to be signed by the judge, the secretary, and the present party if he or she is able and wanted.

The omission of the minutes or any of the essential requirements it must contain, will make the judge incur

the obligation to pay the damages to the parties, the amount of which will be determined by the court that I know in the degree of the judgment.

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Art. 389.-The conciliation may never be in detriment of the rights enshrined in favor of the workers in the laws, nor will it also have the result to subject the controversy to referees.

Art. 390.-The reconciliatory arrangements to be reached by the parties will produce the same effects as the executed sentences and will be enforced in the same way as these.

Art. 391.-If the parties are fully engaged in the conciliation hearing, an end to the conflict shall be brought to an end; unless the agreement consists of the reinstatement of the worker to his duties, in which case

the judge shall indicate the place, day and time at which they are to be resumed.

If only partial reconciliation has been achieved, the process will continue on the points where there was no agreement.

DEMAND RESPONSE THIRD SECTION

Art. 392.-If in the conciliation hearing no agreement is reached, the defendant must answer the request.

If only partial reconciliation is achieved, the respondent must answer the points in which there was no agreement.

The defence of the claim may be made orally or in writing, on the same day or in the following one for the conciliatory hearing, without prejudice to the provisions of Articles 395 and

414, paragraph 3.

The written response must be filed with as many copies as there are, the

which will be delivered to them when the respective notification is made. Where the answer is given, copies shall be made out, for the same purposes, of the minutes being released.

If the defendant does not answer within the term established in this Code, he will be declared a rebel; he will have his share for the answer to the negative and will follow the trial in absentia.

Art. 393.-The exception of incompetence of jurisdiction for the reason of the territory, must be opposed within the term from the date of the summons to conciliation and the date of the conciliation hearing.

Opposed the said exception, the judge will suspend the process and test the incident for two days. With the exception, he will declare himself incompetent, leaving the actor's right to

to have his action before a competent judge.

When the judge declares without place the exception of jurisdiction of jurisdiction, it will quote again

to conciliation.

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Art. 394.-The other exceptions of any kind may be opposed at the time when, in accordance with this Code, it will be appropriate, in any state of the judgment and in any of the

instances; and its opposition must be made expressly.

Art. 395.-If the defendant has had a fair impediment to answer the claim within

of the term of law, he may request the day following the notification of the declaratory of rebellion, that he be received proof of such impediment. In this case the incident will be opened for two days and the end of the judge will dictate the resolution.

If the fair impediment is acknowledged, the defendant must answer the claim within two days of the respective notification.

SECTION FOURTH OF THE RIGHT-ONLY AND DE FACTO TRIALS

Art. 396.-If only a dispute over the application of the law is disputed, justified the facts with public, authentic or private instruments not contradicted, or by express consent of the parties, the cause will be mere right, remaining for sentence when the demand is answered

In the causes of fact, once the demand has been answered or declared rebel the defendant, the trial will be opened for eight days.

Art. 397.-Except for legal exceptions, in the last two days of the probative period, no request for a place, day and time for the examination of witnesses may be submitted.

Art. 398.-In any state of the judgment before the judgment, the judge will be able to practice, of trade, inspection, expertise, review of documents, to make to the parties the necessary requirements,

and to order the extension of the declarations of the witnesses, all in order to fail with greater success.

Art. 399.-The evidence shall be presented at the place, day and time indicated, upon citation of part,

penalty of nullity.

Art. 400.-Confession is the statement or recognition that a person makes against himself

on the truth of a fact. And it can be: judicial or extrajudicial written; and simple, qualified or complex.

Simple confession exists when pure and simple recognition is recognized by the counterparty, without modification or aggregation.

Qualified confession is the one in which the controversial fact is acknowledged, but with a modification that alters its legal nature.

There is complex, related or indivisible confession, when at the same time the fact that the fact is acknowledged by the counterparty is acknowledged, a new fact is asserted different from that, but connected with it and that it disvirtualized or

modifies its effects.

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There is a complex, non-connected or divisible confession, when the controversial fact is acknowledged, another or other different or different that do not have the connection, nor assume

necessarily its existence.

Art. 401.-The simple confession makes full proof against the one who has made it, being over thing

certain, over eighteen years of age that will do it and not intervening force or error.

Qualified confession or the complex indivisible will test, if at any time before

the statement is accepted by the opposing party. The latter will not be taken into account when the respective sentence is handed down.

The divisible complex confession will only test fully what it harms the

confessional. On the other hand, this confession must be tested separately.

Art. 402.-In the work trials, the private instruments, without the need for prior

recognition, and the public or authentic ones, make full proof; except that they are rejected as proof by the judge in the final judgment, prior to the formalities of the incident of falsehood.

The unauthenticated private document stating the worker's resignation from employment, termination of a work contract by mutual consent of the parties, or receipt of payment of redundancy benefits without legal cause, will only have evidentiary value when it is written in sheets

which will extend the General Labour Inspectorate or the judges of first instance with jurisdiction in matters of employment, in which the date of issue shall be recorded and provided that they have been used on the same day or within ten days of that date.

Art. 403.-If an instrument is redoubled before the cause is received for testing, the falsehood must be tested within the probative term.

S i the untruth is alleged to have expired the term evidentiary, will be granted to test the two peremptory days.

If the falsehood is alleged within the probative term, it will be proved to be missing, provided it is not less than two days. If it is less, the two days will be completed.

Art. 404.-When in a working trial the incident of falsehood takes place, the judge will limit himself in the final sentence to accept or reject as proof the instrument redoubled, according to the merit of the probances, refraining from declaring it false.

Art. 405.-The instruments of any kind declared false by the judges of the civil, will have no evidentiary value in the trials of work.

Art. 406.-The display of the payment plans or receipts referred to in Art. 138 may be made on its own initiative or at the request of the party.

S i to whom the display is requested is one of the parts and I will not present the documents

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mentioned, or I will not take them with the legal formalities, or will not allow the review of them, the party that requested the exhibition or review will have the right to take an oath of office, deferred by the judge.

If, on the basis of the oath referred to in the previous paragraph, the other party must be condemned to the payment of the amount of money, it shall be fairly moderate by the judge.

The provisions of the above two points will not take place in the event of loss or loss of the documents mentioned, by chance or force majeure.

Art. 407.-In the case of the ordinals 2nd, 3rd and 4th of Art. 37 and of the causal 1ª of Art. 49, the employer may, on his own initiative, claim in his favour the books of accounts, in order to establish extremes whose proof may be of them, provided that such books have been carried out in accordance with the law

and that their seats are in conformity with the respective vouchers and other records.

Art. 408.-When it is necessary to give an expert opinion, the judge, at the request of a party or of its own office, will appoint

two experts, fixing the points on which the expert has to deal.

Art. 409.-Each of the parties may present up to four witnesses for each of the

items or items to be resolved and in no case shall the highest number be permitted. The statements of the witnesses presented in contravention of this rule shall not be made by faith.

Art. 410.-It is prohibited to question the witnesses by reading the questions asked in the questionnaire presented to the effect, which will only serve as a guide for the judge to receive his statements. The judge will be able to ask the witness all the questions it deems necessary to ensure its veracity

or for the best clarification of the facts; and the parties will be able to ask the witness up to three questions about each point of their deposition.

The witness varied or contradictory in the main of his deposition will not make faith. Neither will the false or customary witness statements make faith and the judge must immediately order his arrest and prosecution so that the responsibilities of the law can be deducted.

Regular witnesses will be understood to be those persons who dedicate themselves to declaring in any kind of causes to favor the pretensions of any of the parties, being in the judgment of the judge

the qualification of these circumstances.

Art. 411.-When the party has been ready to present its witnesses within the probative term and for some cause independent of its will have not been examined, they must be received

their statements within two days of the last one of the term.

Art. 412.-Tachas must be proposed and tested in the same term of the test; and for the

witnesses examined on the last day of the test, two more days will be given for the special test of the cross-label.

Art. 413.-The absence of the written contract shall be imputable to the employer and, in the event of a conflict, after the existence of the contract of employment has been proven, without prejudice to the provisions of Art. 21, they shall be presumed

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certain of the stipulations and working conditions alleged by the worker in his/her claim and which should have been established in that contract.

To destroy the previous presumption, all test media will be admissible. However, the employer may not be excepted on the grounds of conditions lower than those resulting from the application of

the rules laid down in Art. 415, since in such a case the conflict must be lacking in accordance with the rules.

Art. 414.-If the employer is the defendant and does not attend the conciliation hearing without a fair cause or is present, he or she will manifest that he is not prepared to reconcile, certain, except evidence to the contrary, the actions or omissions that are imputed to him in the suit shall be presumed. The employer shall be deemed not to be willing to reconcile, when his proposal of arrangement lacks seriousness or fairness, which

the judge will judge prudentially.

In the case of claims for compensation for dismissal in fact, the

presumption referred to in the foregoing paragraph shall also take place when, by the employer's participation in the conciliatory hearing, it shall be limited to denying the dismissal or not to the reinstatement of the worker's request or, with the consent of the worker, to propose to him the judge.

In the case of the final part of the first paragraph of Art. 391, if the worker stated that he was timely to the place of work and that he was unable to resume his services for imputable cause

to the employer or his representatives, the judgment shall be carried forward, after the judge's decision. In this case, the term to answer the claim shall be counted from the day following that of the notification of such a resolution to the employer and, in due course, that manifestation of the worker shall be legally presumed

the dismissal.

In order for the provisions of the first and second paragraphs of this article to take place, it will be necessary

that the application be filed within the fifteen working days following the one in which the facts occurred that have been motivated and that the working relationship is at least established in cars.

The presumptions referred to in this article will not take place when the worker does not appear to be in the conciliatory hearing; do not accept the reinstatement offered by the employer at that hearing, whether it is a claim for severance pay, or do not accept the equitable measure proposed by the

judge, to which the employer is entitled.

Art. 415.-When in the written contract any or some of the requirements mentioned in Art. 23 are omitted, relating to working conditions and unless the worker proves better

conditions, they shall be construed as being incorporated in the contract those resulting from the application of one of the following rules:

1) It shall be estimated that the conditions in which the worker will lend or have provided his services, may not be lower than those that govern the company for workers who perform the same or similar work;

2nd) If there are no workers in the company perform equal or similar tasks with

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those that can be equated by those that the worker performs, the best conditions for workers providing services

of the same kind, in another company that has the employer in the same department of the Republic; and

3rd). In any case, the best conditions that prevail in the indicated department, for workers of the the same class and the same kind of work.

The above rules will also apply to determine the working conditions in the contracts that the law allows to celebrate verbally, unless the worker proves better.

SECTION FIFTH OF THE STATEMENT

Art. 416.-The probative term, produced the tests offered in it, shall be indicated day and hour, with three days in advance at least, to declare the process closed. The order of closure, without prejudice to the provisions of Art. 398, shall not be admissible to the test parts of any class

in the first instance, and shall be pronounced within the following three days.

Art. 417.-In the final judgments, the Judges of Labor shall observe the formalities and

requirements prescribed in Art. 427 of the Code of Civil Procedures, the relationship of all that which has no importance for the judgment shall be omitted.

Art. 418.-The sentences shall be founded according to the following order:

1) In the provisions of this Code and other statutory labour standards; in the

collective and individual work contracts and conventions; in the internal regulations of work; and in the regulations of social security or social security;

2) In the doctrinal principles of the right of work and social justice;

3º) In legislation other than labor law, as soon as it does not contradict the principles of this; and

4th) In reasons of fairness and good sense.

Art. 419.-The labor sentences will fall on the litigated and in the way that they have

been disputed, known to be the truth by the tests of the same process; but they must also understand those unrenountable rights of the worker that appear fully tested.

Art. 420.-In cases of dismissal in fact without justified cause, the employer shall pay the worker, in addition to the corresponding compensation, the wages dropped from the date of the filing of the claim to the date on which the conviction of the first instance is delivered, without which in

no case may exceed those corresponding to thirty-five days. In the second instance, the wages of more than 20 days cannot be increased.

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Art. 421.-If a legal person is a holder of the work center where the services are provided or have been provided on the occasion of which a request is made, it shall be sufficient that the person's office is provided with the

identification of that center, so that it may be understood against that center and, in addition, against the employer's representative who is nominated.

It is up to the legal person and the employer representative to prove the existence of the first and the people of their legal representative.

If the obligation referred to in the foregoing paragraph is not fulfilled, the process shall not be invalidated; and, according to the merit of the evidence provided, accredited as the quality of the employer's representative, the corresponding judgment shall be delivered, referring to the legal person in question, with the identification of the person in the trial, and the accredited personal representative.

If the time has come to execute the judgment, I will find that the legal person does not have the social reason, denomination or trade name that in that person is given, the embargo will be locked in the

assets of the working center in which there is or has existed the employment relationship in question, and in subsidy, in the personal property of the employer representative.

SECTION SIXTH EXECUTION OF STATEMENTS AND RECONCILIATORY FIXES

Art. 422.-The judgments, the reconciliatory arrangements and the labor transactions permitted by the law, shall be carried out at the request of a party, by the judge who met or must have known in the first instance. In these cases the judge will rule on the debtor's assets, committing his compliance, to the option

of the performer, to a Peace Judge or to a Public Officer of Judge Executor, to whom the respective commandment will be delivered. Verified the embargo, the judge will order the sale of the goods and will send a poster in the Official Journal, in the form prevented by the Code

of Civil Procedures for the executive judgment. After eight days after that publication, the judge will officiously point out the day and time for the sale of the goods and will send out posters in convenient places, expressing the day and time of the auction, as well as the value that must serve as a basis.

The Director of the Official Journal shall make such publications free of charge.

On the day of the auction and for two hours before the notice, a member of the staff of the court, appointed by the judge, will be at the door of the court where he will give the necessary pregones, announcing the positions that will be made.

The relevant provisions of the Civil Procedure Code, relating to the executive judgment, shall apply in all other respects.

The execution of the judgments and reconciliatory arrangements referred to in the first subparagraph shall be processed without forming a separate part and without the need for enforceability; and the third party shall be considered to be purely civil, proceeding accordingly to the same competent labour judge and subject to the
procedure as the
procedure.

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In the cases of this article, when the cars have to accumulate to another or other processes of a different nature, pursuant to other executions, the accumulation will always be made to the civil judgment or

of finance, as the case may be, without taking into account the dates of the respective embargoes. In this case, the Judge of Labor shall certify the respective judgment and disaggregate the other matter concerning the compliance with the judgment and transmit them for accumulation to whom it corresponds, leaving the original of the judgment

in the judgment and stating the date of referral. The Judge of the Civil or the Treasury, shall be particularly careful in the observance of the privilege referred to in Art. 121 of this Code.

The accumulation referred to in the preceding paragraph shall not take place where the other judgment is the case of a contest or bankruptcy.

SECTION SEVENTH

OF THE EXECUTION OF STATEMENTS AGAINST THE STATE, MUNICIPALITIES, AND OFFICIAL AUTONOMOUS, AND SEMI-AUTONOMOUS INSTITUTIONS

Art. 423.-If the judgment will condemn the State to the payment of a liquid amount, the judge will make known the content of that and its quality of execution to the Minister of the respective Ramo and to the President of the Court of Auditors of the Republic, as well as to any other official who determines the law of the

matter, in order to free and authorize the orders of payment under the corresponding headings of the General Budget of Expenses.

If for reasons of a purely fiscal nature it is not possible to charge the payment order to the current budget, the Minister of the Ramo will propose that in the General Budget of Expenditure of the following year, the necessary allocations or items for the payment of the ordered in the executed sentence be included.

Art. 424.-The sentences handed down against the Municipalities and the Autonomous and Semi-autonomous Official Institutions will be executed in the form set out in the preceding article.

CHAPTER II SPECIAL PROCEDURES

FIRST SECTION OF THE SINGLE INSTANCE trials

Art. 425.-judgments the amount of which does not exceed 200 colons shall be processed in accordance with the procedure laid down in the following Articles.

The amount referred to in the foregoing paragraph shall be determined by the sum total of the claimed in the claim, in which the wages shall not be included in the cases in which they come, nor shall the remuneration for holidays or for any other proportional payment be included in the case of Art. 187 and 202.

If the judge fails to condemn the payment of more than two hundred colones, the process will not be invalidated.

When not exceeding two hundred colones the claim will be aired in ordinary judgment, not

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will be null and void the process; but the judge will incur a fine of fifty colons that will be imposed by the high court in degree, upon hearing of the appeal that against the final judgment will be filed.

Art. 426.-The application may be made orally or in writing. In the first instance, the judge shall take up the minutes; in both cases, the provisions of Article 379 shall be complied with.

If the lawsuit does not meet the legal requirements or is obscure, the judge will prevent the actor from making the omissions or clarifying the dark points that he points out.

Llenados the requirements or made the clarifications of the case, in the same hearing, if possible, will be resolved by ordering that the defendant be summoned, so that in the day and time that it is pointed out, he will appear to answer the demand in verbal form and will also cite the plaintiff for the same day and hour, in order

to conclude conciliation.

Art. 427.-If the defendant appears at the appointed time, the minutes shall be lifted by stating the

defence of the application; and immediately thereafter, the actor being present, the judge shall seek to reconcile the parties, in this case, in accordance with the provisions of Art. 388.

If the defendant does not appear at the appointed time, the record shall be lifted by stating that the circumstance and whether the actor has appeared or not; the reous shall be declared as rebel and the case shall be answered in a negative manner and the judgment shall be followed in absentia.

If you do not appear the actor will continue the performance without your assistance.

Art. 428.-The exception of incompetence of jurisdiction for the reason of the territory must be opposed before the defence of the claim.

Opposed the exception, the process will be suspended and the incident will be opened for two days. With the exception of the case, the judge shall declare himself incompetent, leaving the actor's right to take action before a competent judge.

Without the exception of the incompetence mentioned above, the judge will point out a new day and time for the defence of the claim.

There will be no place in the trial of a single instance, the exceptions of informality or obscurity of the demand.

Art. 429.-The other exceptions may be expressly opposed in any state of the judgment, but only in the first instance and subject to the argument and proof of them to the provisions of Art. 436.

Art. 430.-In the judgment of the single instance, the mutual request will not be accommodated.

Art. 431.-The conciliation may never be in detriment of the rights enshrined in favor of the workers in the laws, nor will it have the result to subject the controversy to referees.

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Art. 432.-The reconciliatory arrangements to be reached by the parties will produce the same effects as the executed sentences and will be enforced in the same way as these.

Art. 433.-If the parties are fully engaged in the conciliation hearing, an end to the conflict shall be terminated, unless the agreement consists of the reinstatement of the worker to his duties, in which case

the judge shall indicate the place, day and time at which they are to be resumed.

If partial reconciliation has been achieved, the process will continue on the points where no

has been agreed.

Art. 434.-If the worker is to resume his duties at the place, day and time indicated in accordance with the first paragraph of the previous article, and cannot resume his services for cause

imputable to the employer or his representatives, he shall inform the judge, who shall, with only such report, order that the trial proceed and, in due course, the dismissal and the contract to which it is terminated shall be legally presumed.

Art. 435.-There is no complete or partial compromise in the conciliation hearing, or the time indicated for it, because the two or one of the parties have not been present in the court,

the judge will open for three days.

Art. 436.-The judge shall be obliged to receive only the evidence which is specifically
to him
her on the first day of the probative term and which do not involve the extension of the probative term. If it is the position or the testimonial proof that the interested party will only receive if the statement of them or the questionnaire and request for a statement of evidence will be submitted on that day.

Art. 437.-In this class of trials, the presumptions established in Art. 414 and the application of all applicable rules of the ordinary working judgment that are applicable

and compatible with their nature shall take place.

Art. 438.-Tachas must be proposed and tested in the same term of the test; and for the

witnesses examined on the last day of the test, two more days will be given for the special test of the cross-label.

Art. 439.-The probative term shall be concluded by the judge at the following hearing, the final judgment, which shall be reasoned; but written as if it were an interlocutory.

SECTION SECOND

CONTRACT SUSPENSION JUDGMENT

Art. 440.-In the case of suspension of contracts, as referred to in Articles 40 and 41, the

demand for the suspension to be declared shall contain all the requirements required by Art. 379 which are relevant, as well as the probable date of resumption of the work.

Art. 441.-In the case of the cases referred to in Art. 42, the application shall not be admitted if it is not accompanied by proof that the notice prescribed by that provision has been previously given

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legal. Nor shall it be admitted after 60 days of notification of the notice.

Art. 442.-The claim shall be admissible, the defendant or the defendant shall be placed to reply on the same day or within the following three working days.

If the defendant or one at least of the various defendants, ask for the answer of the claim that the causal or causal claim is justified and these are not sufficiently proven, the trial shall be opened for the trial for the term of eight days and, due, the judge, according to the merit of the evidence

discharged, shall give judgment within the following three days stating the provenance or improvenance of the suspension.

In the latter case the judge must prudentially point out a time within which they should

resume the work.

If the defendant has been declared a rebel, or if it has not been found to have been rejected by the defendant

, the claim, which is justified by the alleged causal or causal, shall be presumed to be all the ends of the claim and the judge shall declare the suspension of the contract or individual employment contracts. Being several defendants, the request for justification by any of them,

will take advantage of the others.

Art. 443.-In this class of judgments, with only what is stated in the case in the case,
will be presumed

legally certain the existence of the individual work contracts to which she refers.

Art. 444.-If, within the process, the undue suspension of work is proven to be

refer to Arts 42 and 43, the other relevant extremes being established, the judgment shall also contain the corresponding condemnation in accordance with the legal provisions set out above.

THIRD PROCEDURE FOR REVIEW OF JUDGMENTS DELIVERED IN JUDGMENTS BY

PROFESSIONAL RISKS

Art. 445.-In the cases of Art. 359, the interested party may request the review of the judgment, provided that it merges in the aggravation, attenuation or disappearance of the incapacity, in accordance with the

procedure that follows.

Art. 446.-The interested party will be presented in writing to the court that it first met, requesting such review and asking that experts be appointed for the purpose of ruling on

the ends invoked.

Art. 447.-The application will be admissible, the judge will let the other party know and appoint experts to see that

issue an opinion on the aggravation, attenuation or disappearance of the incapacity.

Art. 448.-The judge, on the basis of the expert opinion, will decide whether or not the

failed.

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These proceedings shall form part of the main piece and the judgment shall only admit the review facility under Art. 568.

Art. 449.-If the review is based on the fact that the victim has died as a result of the professional risk, the complaint must be aired in accordance with the procedures of the ordinary procedure,

and the compensation to which payment shall be condemned for the reason of such death, shall be the total that is in accordance with the law, after deducting what as compensation for permanent incapacity has been paid to the victim in life.

CHAPTER III PROVISIONS SETTINGS

Art. 450.-In any state of the judgment, before the judgment, the parties may terminate it by means of an extra-judicial settlement, carried out before a conciliator recognized by the law and communicated to the Judge of the case.

The transaction is valid for work matters, except for certain and unquestionable rights. To produce its effects it must be approved by the competent judge.

Art. 451.-The accumulation of cars will proceed whenever the judgments are in the same instance, in the following cases:

1) In the case of the first paragraph of Art. 384 when the actions are attempted in separate trials; and

2) When intervening in separate trials the same parts, the judgment that has to adjudicate in one of the trials must produce, partially or totally, exception of the res judicata

in the other.

Art. 452.-There are cumulative judgments in the same court, the judge will decree of its own motion or

request of part the corresponding accumulation and if the trials existed in different courts, previous the reports that at the request of part are issued to the effect, the accumulation will be decreed without more processing and diligence.

Art. 453.-Of all diligence in which the judge intervenes, the minutes to be signed with his secretary shall be lifted, and if the parties or other persons have taken part in the proceedings, they shall also sign those who are present if they are able and who want to, and shall be kept on record in the minutes, penalty of nullity.

Art. 454.-The person who, at the date of the application, appears to be registered in the Register of Commerce as the representative of a commercial company, shall be with whom the term is understood, without prejudice to the fact that

the true, if not the case, may be in any state of the cause without being able to set it back or invalidate for that reason.

When the election or appointment of a legal person's representative is not subject to registration in a public register, the claim may be filed against any of its members

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managers as representatives of that, without prejudice to the fact that the true representative may be in any state of the judgment without being able to reverse or invalidate for this reason.

The provisions of this article are without prejudice to the provisions of Art. 421.

Art. 455.-Legal persons are obliged to establish, in a visible place, the premises of the company, establishment or centre of work, a poster containing the names of the directors of the company, with the indication of who or who have the legal representation.

Art. 456.-In the case of accidents at work or occupational diseases, the risk must always be tested.

Art. 457.-If a person proves that he worked for another person in different times, it will be presumed legally that he worked in the entire intermediate time.

Art. 458.-Any sentence given in proceedings or proceedings, judicial or administrative, the conciliatory arrangements which in those cases shall be achieved and the approved transaction shall be carried out in the manner prescribed in Art. 422.

Art. 459.-When the work is done for two or more employers interested in the same company or establishment, as owners, partners or partners, they will be jointly responsible for all

obligation to the worker.

Art. 460.-The notarized faith regarding the existence of a legal person and the quality of its

legal representative, will be sufficient to have for proven such existence and quality.

Art. 461.-When assessing the test, the judge will use healthy criticism, provided there is no rule that

sets a different mode.

Art. 462.-When several employers of the same company or establishment are forced to do so, only one of them can

ask for positions; and the attitude that he assumes when he is quoted, the same as the absolution that he will be understood to be assumed or made by all.

Art. 463.-Positions may be requested from the current employer's representative and, in this case, the failure to appear on the second summons, the refusal to declare or to take the oath, the same as the absolution of those, shall be taken as their own by the employer or employer of the undertaking or establishment concerned.

Art. 464.-When a union executive or a woman in the situation provided for by Art. 113, requires payment of unpaid wages due to the employer, being that cause

a dismissal in fact or in his case, a dismissal with prior judgment, proven that the ends of the claim have been, the judge will condemn the payment of such wages for as long as, according to the law, the contract and the special guarantee of stability that protects the worker were maintained,

determining that the payment must be in the amount, place, time and form in which it was I am doing everything as if the worker continues to serve the employer.

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In such cases, failure to comply with any of the salary payments in which the employer incurs, will result in the worker being able to request the execution of the sentence.

Art. 465.-The payment of wages or of Social Security contributions by payroll or receipts, and in the absence of both by any means of proof, will be assumed to be provided the services during the time that

such payment will cover.

Art. 466.-The final judgments in the judgments of work are passed in the authority of a thing

judged, when the parties expressly consent in them; or tacitly for not bringing the legal remedies in the term of law; in the case of Art. 585; and when of them there is no recourse.

THIRD TITLE

OF COLLECTIVE CONFLICTS

CHAPTER I PRELIMINARY RULES

Art. 467.-By their nature collective conflicts of work, are:

1) Legal or Law; and

2) Economic or Interest.

Art. 468.-They are considered to be collective legal or legal conflicts, all of which originate as a consequence of the non-compliance or interpretation of a collective contract or convention of work, and those who pursue the fulfillment of the law or of an internal rules of work, provided that

in any of these cases a collective of workers is affected.

Art. 469.-All those conflicts that arise from the imbalance of collective interests

economic among workers and employers, or in the defense of the common professional interests of the workers, are called Economic Collective Conflicts or of Interest.

Art. 470. -In collective conflicts they can only be a part: by the workers, the majority union, the coalition of unions, if any; and, if necessary, the non-unionized workers; and by the employers, the employer or the union of the affected employers.

CHAPTER II LEGAL CHARACTER CONFLICTS

Art. 471.-In the case of a collective legal dispute, the interested party shall submit to the judge its duplicate application in which it shall, in addition to the requirements of the applicable Art. 379, provide all the reasons for demonstrating that the contract

or the collective labour convention is being wrongly or misinterpreted, or that the internal labour law or regulation is not being complied with.

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Art. 472.-The request shall be admissible, the judge shall place the other party, giving him the duplicate to reply within five days of the date of the placement. In the answer you must

express the reasons that you have to affirm that you are correctly fulfilling or interpreting the collective agreement or convention, or that you are complying with the law or the internal rules of work.

Art. 473.-After the end of the site without the defendant answering the request, the conflict will be dealt with without his intervention. However, it may be subsequently repersonable without going back.

Art. 474.-The application or after the termination of the placement shall be completed, the judge shall open for ten days, in the case of the performance of the contract or convention, or of the law or of the internal working rules.

Due to the probative term, with the merit of the test the judge will rule, within five days, ordering that the rule or rules infringed within ten days of the

notification.

Art. 475.-When the conflict is due to the mere interpretation of a rule or contained rules

in the collective contract or convention of work, the judge shall fail, within five days of the response of the request or after the term of placement, declaring the correct interpretation. If relevant, the judge will point out the form and opportunity in which the rule is to be met

or interpreted rules.

Art. 476.-After the deadline indicated without the offender complying, the interested party will do so

to know the judge, who will immediately practice inspection or any diligence that he deems necessary to check the non-compliance and, verified this, the judge will impose on the offender the appropriate sanction, according to what is immediately available:

a) S i the infringer is a patron or a union of employers, and the plaintiff is constituted by non-union workers, will be imposed a fine up to

ten thousand colones, that will enter the general fund of the State. Being the actor a union, or a coalition of unions, will not impose a fine but will condemn the offender to pay such professional association or coalition, compensation up to ten thousand

colones;

b) If the infringer is a union of workers or a coalition of unions, a fine will be imposed up to five thousand colons that will enter the general fund of the State;

and

c) IF THE OFFENDER IS AN OFFICIAL INSTITUTION AUTONOMOUS, WILL BE IMPOSED A

FINE OF COMPENSATION UP TO FIVE THOUSAND COLONES IN THE SAME CASES OF SECTION B), AND WILL ANSWER WITH THEIR OWN HERITAGE AND IN SOLIDARITY, THE MEMBERS OF THE COUNCIL OR BOARD OF DIRECTORS WHO BY ACTION, OR

OMISSION WILL BE GUILTY OF THE NON-COMPLIANCE. (7)

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To determine the amount of the fine or compensation set out in this article, the economic capacity of the offender and the severity of the fault shall be met.

If a coalition of unions is fined, the colluding associations will respond in solidarity. If the conviction is to pay compensation to a coalition of unions, the amount in which it consists

will be divided equally between the coligated associations.

Art. 477.-The failure to impose the fine or the compensation shall determine a reasonable period of time

that shall not exceed thirty days, during which its value must be paid.

Art. 478.-The failure to impose a fine or to condemn the payment of compensation shall be impugable by appeal.

Art. 479.-The judgment given in this class of conflicts shall be enforced in accordance with the provisions of Art. 422, at the request of the person concerned or of the Attorney General, as the case may be.

CHAPTER III OF THE PROCEDURE IN ECONOMIC COLLECTIVE CONFLICTS OR

INTERESTS

FIRST SECTION

OF THE STAGES

Art. 480.-Collective conflicts of an economic or interest character, shall be developed as

at the following stages:

a) The Direct Treatment;

b) The Conciliation;

c) The Arbitration; and

ch) The Strike or Paro.

DIRECT DEAL SECOND SECTION

Art. 481.-In the case of the conclusion or revision of a collective contract or convention of work, the application shall be made in writing and shall be accompanied by two copies of the draft contract or convention, and shall be referred to as the Statement of Petitions, and the certificate of the point of record of the

session where the said project has been approved.

Art. 482.-The application must contain:

a) The name and general of the employer, employers 'union or workers' union,

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to whom it is presented;

b) Name and generals of the petitioner;

c) The names of the persons in charge of the negotiation, in accordance with Art. 274;

and

ch) A brief relationship of the social, legal, economic and technical fundamentals in the

which is based on the specification of petitions.

Art. 483.-The application and copy thereof, the project and the certification referred to in Art. 481, shall be submitted through the Director General of Work, who shall certify at the foot of the application

and its copy, the day and time of the presentation. The copy will be reserved and the original will be made to the party to whom it is addressed, without waste of time.

Art. 484.-The application and the project said, the party to whom it is addressed, within twenty-four hours of receipt, shall meet with the requesting party to determine the place, date and time at which the trading sessions will take place.

Art. 485.-If the interested parties do not meet or do not agree with the provisions of the previous article, any of them will inform the Director General of Labor, who prior

hearing with the parties, will determine the place, date and time when the sessions will be held.

Art. 486.-AT THE NEGOTIATION MEETINGS WILL BE SOUGHT TO REACH AN AGREEMENT

DIRECT ON THE DRAFT CONTRACT OR CONVENTION. THE SESSIONS, UNLESS EXPRESSED BY THE PARTIES, SHALL BE HELD FOR 20 WORKING DAYS FROM THE DATE FOLLOWING THE ONE IN WHICH THE EMPLOYER HAD RECEIVED THE STATEMENT OF REQUESTS. (8)

Art. 487.-If in the direct negotiation the parties reach an agreement on the draft contract or collective labor convention, they will be subject to the approval of the respective assembly

union.

Approved that it is the contract or convention, it will be signed by the parties, following with the

registration procedures in the corresponding registry, thus ending the conflict.

If the agreement is partial, it shall be recorded in the minutes which shall be extended in duplicate, the points on which there was agreement, specifying, in turn, those in which there was no agreement. Immediately,

either party may request the Director General of Labor to initiate the reconciliation stage. Such a request shall be accompanied by the minutes.

Art. 488.-When the party to whom a request for the negotiation of a collective contract or convention of work is submitted, refuses to enter into negotiations, it shall communicate its refusal to the petitioner, expressing the reasons in which it is founded, within ten days of the receipt of the request.

IF THE COUNTRY ' S ECONOMIC CONDITIONS OR THE COMPANY WILL VARY SUBSTANTIALLY,

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EITHER PARTY MAY REQUEST THE REVISION OF THE COLLECTIVE LABOR CONTRACT, PROVIDED THAT AT LEAST ONE YEAR OF THE ORIGINAL TERM HAS ELAPSED, OF

ITS EXTENSIONS OR REVISIONS. THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO THE CONTRACT CONCLUDED FOR THE EXECUTION OF A GIVEN WORK. (3)

Art. 489.-THE STAGE OF DIRECT TREATMENT MAY NOT BE LONGER THAN 20 WORKING DAYS, UNLESS THE PARTIES AGREE TO EXTEND IT. BY BEATING THIS PERIOD EITHER PARTY WILL BE ABLE TO ASK THE DIRECTOR GENERAL FOR WORK, TO START THE

RECONCILIATION STAGE.

NO NEED TO WAIT FOR THE CONCLUSION OF THE DEADLINE REFERRED TO IN THE PREVIOUS PARAGRAPH IF THE PARTY RECEIVING THE STATEMENT OF REQUESTS MANIFESTS THAT IT REFUSES TO ENTER

IN NEGOTIATIONS. (8)

Art. 490.-REPEALED (8)

RECONCILIATION THIRD SECTION

Art. 491.-Where, in the case of Article 488, the refusal of the party to whom the request for negotiation is lodged shall be based on the lack of ownership of the applicants, the Director General of Labour, as

act prior to the conciliation stage, shall check whether or not such an end exists within a period not exceeding three working days from the date of receipt of the request referred to in Article 492. Such diligence shall not be subject to any formality and the resolution of the Director General shall not admit any

appeal.

If the petitioners do not have ownership, the conflict will be terminated. In case

the following items will be applied.

Art. 492.-AT RECEIPT OF THE REQUEST FOR CONCILIATION, THE DIRECTOR GENERAL OF WORK

IMMEDIATELY, IF HE DECIDES NOT TO INTERVENE AS SUCH, SHALL APPOINT A CONCILIATOR SO THAT WITHIN THE NEXT FORTY-EIGHT HOURS HE SHALL CITE THE PARTIES TO THE CONFLICT, IN ORDER TO AGREE TO THE TIMETABLE FOR HOLDING THE CONCILIATION MEETINGS AND FOR

TO APPOINT THE PERSONS TO REPRESENT AND ADVISE THEM; IN THE EVENT OF DISAGREEMENT OR INATTENDANCE, THE DIRECTOR-GENERAL OF WORK SHALL MAKE THE RESPECTIVE STATEMENTS. (3)

In addition to the conciliator, in meetings in which they have to be addressed. Important or difficult issues, one or more conciliators appointed by the Executive Branch may participate in the Labor and Social Security Ramp.

Art. 493.-The conciliator must moderate the behavior of the stakeholders and seek to compromise them, proposing to them on the various points of discord the solutions that in their judgment are equitable and

aimed at harmonizing the interests of the capital and the labor.

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Art. 494.-The conciliation procedure will not be subject to any formality; in it will not be allowed systems or methods that could hinder the agreement, and in any case the

greater flexibility to the procedure and the negotiation.

IF THE PROXY COMPARES FOR THE SECOND TIME TO THE RECONCILIATORY HEARINGS,

STATING THAT IT HAS NO INSTRUCTIONS TO RECONCILE, WILL BE PERSONALLY QUOTED TO THE REPRESENTATIVE, AND IF THE LATTER DOES NOT APPEAR TO INCUR A FINE OF UP TO A THOUSAND COLONES; IF THE MANDANT IS A LEGAL PERSON IT WILL BE CITED ON THE SAME TERMS AND

CONSEQUENCES TO WHOEVER HAS THE LEGAL REPRESENTATION. (3)

Art. 495.-In the conciliation only the points in which there was no agreement in the previous stage will be negotiated; as many meetings will be carried out as necessary and, resulting from them an agreement

total, will be observed the provisions first and second of the Art. 478.

Art. 496.-THE RECONCILIATION STAGE SHALL HAVE A MAXIMUM DURATION OF FIFTEEN DAYS

WORKING DAYS, COUNTED FROM THE FIRST MEETING TO BE HELD, EXCEPT THAT THE PARTIES AGREE TO THEIR EXTENSION.

YOU CAN CONCLUDE EARLY FOR THE FOLLOWING CAUSES:

1 °) WHEN ONE OF THE PARTIES MANIFESTS THAT IT IS NOT WILLING TO RECONCILE;

AND

2 °) WHEN ONE OF THE PARTIES STOPS ATTENDING THREE MEETINGS

RECONCILIATORY.

AT THE CONCLUSION OF THIS STAGE FOR ANY CAUSE, MINUTES WILL BE RAISED BY ENTERING

FACT. (8)

Art. 497.-The conciliator shall return the proceedings to the Director General of Work and received by

this or when he has acted, he shall give judgment declaring that the stage of conciliation has ended and the providence shall be made known to the parties.

Art. 498.-Within twenty-four hours after the notification of the above article, if either party decides to submit it to arbitration, it shall inform the Director General of Work so that the Director General may inform the other party, giving notice within twenty-four hours of the respective notification, whether or not to accept the arbitration offered. If this is accepted

will proceed as indicated in the following section.

When the party to whom the arbitration is offered is not in agreement or when it will not be answered

within the stated period, the Director General of Labor will notify the offeror, and if this is the party that promoted the conflict within the next twenty-four hours, it will manifest to the said official the purpose of declaring the strike or the strike, or that you have removed from the conflict.

Art. 499.-If twenty-four hours after the notice of the resolution referred to in Art. 497 is notified

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what I will manifest the part that promoted the conflict, is not the purpose of submitting it to the knowledge of referees, but of declaring the strike or the strike, will proceed as indicated in the Seventh Sections

and Eighth.

When the indicated opportunity is abandoned, this will end the conflict.

FOURTH ARBITRATION SECTION

Art. 500.-HAVING COMPLETED THE CONCILIATING STAGE, THE ARBITRATION SHALL PROCEED IN THE FOLLOWING CASES:

1) WHEN THE PARTIES VOLUNTARILY AGREE TO SUBMIT TO THE ARBITRATION AS A MEANS OF SETTLING THE DISPUTE;

2ND) WHEN IN THE COLLECTIVE CONTRACT OR CONVENTION OF WORK THE ARBITRATION HAS BEEN STIPULATED;

3º) WHENEVER IT IS AN ESSENTIAL SERVICE TO THE COMMUNITY. (2) (8)

NO WRITING OF COMMITMENT SHALL BE NECESSARY AND THE CONFLICT IS CONSIDERED

SUBJECT TO ARBITRATION, SINCE THE AGREEMENT OF THE PARTIES IS MADE MANIFEST. (2)

Art. 501.-Within twenty-four hours of the conflict being submitted to the arbitration, each party

shall appoint an arbitrator and shall be notified to the Director General of Work. If the parties, or any of them, do not make the appointment of that period, the Director-General shall do so on behalf of the offender or offenders. Designated as such arbitrators, they shall be summoned by the Director General

to attend their office within twenty-four hours, to be sworn in by that official and to elect a third arbitrator who shall be the President of the Court. If they do not agree on the election, the Director shall, within twenty-four hours, make the appointment,

take the oath of office to the third arbitrator, and shall give the charges to all the members of the Tribunal.

Art. 502.-The arbitrators must be Salvadoran citizens, over twenty-five years old, who know

read and write, that they are in the full enjoyment of their civil and political rights, and that they have not been convicted of crime.

Art. 503.-They may not be members of the Court of Arbitration:

(a) Persons who directly or indirectly have intervened in representation of the parties in the stages of direct or conciliation arrangement; and

b) Any person linked to any of the parties, such as their officers, employees, representatives, partners, affiliates, advisors, proxies or permanent lawyers.

Art. 504.-The arbitrators may be challenged before the Director General of Labor, within the

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forty-eight hours of swearing-in, and that official will resolve the incident, in the next forty-eight hours. This resolution shall not admit any recourse.

Art. 505.-They are grounds for recusal:

1st) Not to meet the necessary requirements to be a member of the court or to have any of the impediments mentioned in Art. 503.

2nd) To be relatives within the fourth degree of consanguinity or second degree of affinity of either party, or its representatives, partners, managers, advisors or proxies;

3rd) Having enmity for certain facts, with the parties or with the other persons indicated in the previous ordinal; and

4th) Having an interest in the conflict.

Art. 506.-In giving possession to the members of the tribunal, the Director General shall deliver to the President,

all records, reports and proceedings of the conciliation procedure.

Art. 507.-The arbitrators will proceed and sentence as they will dictate their conscience and with equity.

The Court may carry out the investigations it creates necessary for the best solution of the questions raised, such as requesting from the parties or its representatives the information it deems

convenient to illustrate its judgment, order inspections and expert opinions, question the parties and receive statements.

Art. 508.-The Court of Arbitration must necessarily act, deliberate and resolve with the full assistance of all its members; and its resolutions shall be adopted by a majority of votes.

The member who unjustifiably does not attend the proceedings of the court, will incur a fine of one hundred colons, which will be imposed on him and will be made effective by the Director General of Labor, without formation of cause.

Art. 509. Within five days after the inauguration, the court of arbitration shall be informed of the history of the conflict; it shall receive the evidence it deems appropriate and shall indicate the place, day and time to hear the parties. In this hearing the agreement will be sought for the last time and,

if it will have effect, immediately the circumstantial act will be lifted, and the provisions of the first and second points of Art. 487 will take place.

Art. 510. Within the following thirty days, counted from the date of their integration, the court shall decide on the ruling, which shall be called "Arbitral Award", which shall be signed by each of the members. If any refuse to sign, mention shall be made of that circumstance and the award shall have the same

if it has been signed by all.

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The award shall not be null and void for ruling out of the term referred to in the preceding paragraph; but for that reason, the members of the arbitral tribunal shall lose their fees.

Art. 511.-The award shall be notified to the parties and shall not be admissible.

Art. 512.-The award ends the collective conflict and has the character of contract or collective labor convention; it will be entered without further processing or diligence in the corresponding register and its validity will be three years counted from the inscription.

Art. 513.-The authorities, officials and, in particular, the Ministry of Labour and Social Welfare, shall be obliged to provide the arbitral tribunal with all the assistance, data and reports required for the best performance of its functions.

Art. 514. The fees of the arbitrators shall be determined and paid by the Ministry of Labour and Social Security, as they are persons who exercise public functions. For this purpose and to cover

the costs incurred by the arbitral tribunals, the corresponding item shall be included in the annual budget.

MANDATORY ARBITRATION FIFTH SECTION

Art. 515. COLLECTIVE CONFLICTS OF AN ECONOMIC NATURE WHICH AFFECT AN ESSENTIAL SERVICE SHALL BE SUBJECT TO COMPULSORY ARBITRATION.

SUCH EFFECTS ARE CONSIDERED TO BE ESSENTIAL SERVICES FOR WHICH THE INTERRUPTION OF WHICH PUTS AT RISK OR THREATENS TO ENDANGER THE LIFE, SAFETY, HEALTH OR NORMAL CONDITIONS OF EXISTENCE OF ALL OR PART OF THE POPULATION.

FOR THE QUALIFICATION OF A SERVICE AS ESSENTIAL, ACCOUNT MUST BE TAKEN OF THE CIRCUMSTANCES OF EACH CASE (2) (3) (7) (8)

SECTION SIXTH

ECONOMIC COLLECTIVE CONFLICT PROCEDURE PROMOTED BY

WORKERS NOT ORGANIZED IN UNION

Art. 516.-When the collective economic conflict is promoted by non-unionized workers, or that being affiliated to a union is not a majority, and whenever that

conflict has the third objective of Art. 528, the stages, the processing and the requirements to be observed, must be the same as the Second and Third Sections of this Chapter, with the modifications that are immediately expressed.

Art. 517.-To raise the conflict, workers or the existing union board of directors, they will invite all staff members to a meeting for the following purposes:

a) To accurately point out the common professional interests that they consider not to have been

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respected by the employer;

b) Adopt for fifty-one percent of the workers in the work center the decision to raise the collective conflict;

c) Choose by a majority of the participants to the meeting, the delegates who will represent them in the conflict; and

ch) Agree on the solution proposal that will be presented to the employer.

Of what happened at the meeting referred to in this article, it is sufficient to state in a private document, signed by all the assistants, expressing the general and the means of identification of each

one of them. If some or some are unable or unable to sign, this circumstance will be recorded and their fingerprint will be printed.

Art. 518.-The document referred to above shall be submitted with the application for direct treatment. The latter must contain:

a) The name and general of the employer to whom it is presented;

b) The names and generals of the delegates acting on behalf of the

workers; and

c) A detailed relationship of the facts in which the violation of the interests is made.

common professionals of the workers.

Art. 519.-The application and copy of this document and the document referred to in Art. 517 shall be

transmitted through the Director General of Work, who shall certify at the foot of the application and its copy, the day and time of the presentation. The copy will be reserved and the original will be made to the party to whom it is addressed, without waste of time.

Art. 520.-The request from the party to whom it is addressed is received, the latter will invite the delegates to enter into negotiations by proposing the place, date and time at which they will be held.

Art. 521.-If a total agreement is reached in direct negotiations, the agreement shall be entered in the minutes signed by the parties, and any of them must be asked to request the Director General of Labor to approve the agreement.

Homologated the minutes, the commitments entered into force the parties; the Director General of Labor may enforce it by the legal means that are within its reach and will have the character of arrangement

reconciliatory, with the executive force that as such it corresponds.

Art. 522.-If there is partial agreement, it shall be as indicated in the preceding article.

Points where there has been no agreement, will be entered in the minutes, and any of the parties

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will forward it to the Director General of Labor, together with the request that the conciliation stage be initiated.

Art. 523.-When the party to whom the application is addressed refuses to enter into negotiations, rejecting it, or when it does not give a written reply in the legal term, the provisions of Articles 488 and 489 shall apply.

Art. 524.-If in the conciliatory stage a total agreement is reached, it will have this executive force, and in the case of non-economic obligations, the Director General of Labor will enforce them by the means

that are within their reach.

Art. 525.-The arbitral award that is pronounced in this class of conflicts, puts an end to them; and approved by the Director General of Labor obliges the parties; it has the character of sentence

executed and, in respect of the non-economic obligations, said Director will be able to do so by the legal means that are within its reach.

Art. 526.-The provisions of this Section shall apply to the conflicts promoted by the majority union, when they are intended to be indicated in the ordinal 3rd of Art. 528.

STRIKE SEVENTH SECTION

Art. 527.-Strike is the collective suspension of work, arranged by a plurality of workers, for the purpose of obtaining a particular purpose.

Art. 528.-The strikes that this Code recognizes, for labor purposes, will only be those that have any of the following purposes:

1st) The celebration or revision of the collective contract of work;

2nd) The celebration or revision of the collective labor convention; and

3rd) The defense of the common professional interests of the workers.

Art. 529.-THE STRIKE AGREEMENT MUST BE ACCEPTED BY SECRET BALLOT. (8)

IF THE STRIKE WAS DECIDED BY THE MAJORITY OF THE WORKERS OF THE COMPANY OR ESTABLISHMENT THAT WAS AFFECTED BY THE CONFLICT, SUCH A DECISION WILL FORCE ALL

THE STAFF. (8)

WHEN IT HAD BEEN ADOPTED BY LESS THAN THE ABSOLUTE MAJORITY, THE UNION

AND THE INTERVENING WORKERS IN THE CONFLICT WILL BE OBLIGED TO RESPECT THE FREEDOM OF WORK OF THOSE WHO DO NOT JOIN THE STRIKE. IN ANY CASE THIS MINORITY MUST REPRESENT NO LESS THAN THIRTY PERCENT OF THE WORKERS AFFECTED BY

THE CONFLICT. (8)

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At the meeting the agreement will be adopted the strike committee will be elected. Such agreements shall be notified to the other party by the Director General of Labour within seven days of the adoption of the agreement

The strike committee will be the negotiator of the solution of the conflict raised; it will serve as informator

of the workers and of the organ of communication with the authorities.

Art. 530.-The strike may not break out before four days from

of the notification referred to in the preceding article, or after 30 days after the date of the same notification.

CANNOT EXPLODE WHEN THE OBJECT OF THE CONFLICT WAS THE REVISION OF AN EXISTING COLLECTIVE CONTRACT

AND THE TERM OF THE SAME DURATION WAS NOT EXPIRED. (8)

Art. 531.-The strike, the union, the coalition of trade unions, or the delegates, if any, shall be communicated to the Director General of Labour on the day and time of the suspension of the work.

Art. 532.-Within seven days of the strike, the Director General of Labor, at the request of a party AND PRIOR APPOINTMENT OF THE UNION THAT WOULD HAVE DECLARED THE STRIKE *will determine the number, class and name of workers who will remain in the company, for

the execution of tasks whose suspension may seriously impair or impede the normal resumption of the work or affect the safety or conservation of the companies or establish them. * (8)

Art. 533.-Workers determined in accordance with the provisions of the foregoing Article shall be obliged to carry out the tasks assigned to them by the Director-General. If they do not comply, the employer may dismiss them without liability on their part. In this case, the employer will ask

the Director to appoint others; or if you prefer, you will ask that official to authorize new workers to replace those laid off.

Art. 534. The strike must be limited to the peaceful suspension of work and the abandonment of the workplace. As a result, all kinds of acts of violence or coercion on people and of force in things are prohibited during a collective conflict of work.

Art. 535.-The strike, with the exception of legal exceptions, suspends the individual employment contracts of all employees of the undertakings or establishments concerned.

The employer will not be able to hire new workers during the strike, to replace those whose individual employment contracts are suspended.

Art. 536.-The employer who in the course of a conflict disturbs his workers the exercise of the right to strike, will incur a fine of up to a thousand colons for each offence.

Art. 537.-From the notice of the strike agreement workers will not be able to be dismissed or unimproved in their working conditions, nor moved to other establishments of

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the same company, without fair cause, previously qualified by a competent judge.

Art. 538.-During the strike, the public authorities are responsible for monitoring the peaceful development of the movement, and will exercise in a permanent manner the preventive action that they are responsible for, in order to prevent the strikers or other persons in connection with them from exceeding in any sense

the legal purposes of the strike, or try to use them to promote disorders or commit crimes.

UNEMPLOYMENT EIGHTH SECTION

Art. 539.-Paro is the total suspension of work ordered by an employer or union of employers, in one or more companies or in one or more establishments.

Art. 540.-The strikes that this Code recognizes, for labor purposes, will only be those that aim to defend the economic interests of the capital, through the conclusion or revision of a contract or a collective labor convention.

Art. 541.-The collective conflict promoted by an employer or union of employers must be subject to the stages of direct and conciliation treatment, in all that it will apply.

Art. 542.-Workers shall be notified of the unemployment by the Director General of Labour.

Art. 543.-Unemployment may not be made effective before four days from the date of the notification referred to in the preceding article, or after thirty days thereafter

at the date of the same notification.

Art. 544.-The employer or union of employers shall inform the Director General

of the work, the day and hour in which it occurred.

Art. 545.-The provisions of the strike in the Arts. 532 et seq., the unemployment will be applied.

SECTION NINTH OF THE STRIKE AND STRIKE RATING

Art. 546.-In order to describe the legality or illegality of the strike or of the strike, the Judges of the Labour and the Judges of First Instance with jurisdiction in matters of employment shall have jurisdiction.

Art. 547.-A strike or a strike, whether or not the strike is recognized by this Code, any of the parties affected by it, may ask the judge to qualify the legality or illegality thereof. In the case of public or essential services to the community, the Attorney General of the Republic may also be asked
do so

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Art. 548.-Received by the court the application for qualification, will immediately ask the Director General of Labor, who will forward the corresponding measures; he will send them within the

twenty-four hours after the receipt of the request.

Art. 549.-In the case of the strike, the court will prevent the workers through the committee

of strike, which within twenty-four hours of the respective notification, present the record in which the agreement of the same one.

Art. 550.-Received the proceedings and the minutes referred to in the previous article, the court, after appointment of parties, shall be constituted in the undertakings or establishments affected by the strike, to check by inspection, if the majority of the workers is holing peacefully.

Art. 551.-THE STRIKE IS PRESUMED TO BE LEGAL, UNTIL IT HAS BEEN STATED OTHERWISE, AT THE REQUEST OF PART. (8)

Art. 552.-Declared the legality of the strike, the authorities of the labor, the civil and the public safety, at the request of the Committee of Strike, must enforce the right that the workers exercise, lending the necessary assistance to suspend the tasks in the company or establishments

affected.

Art. 553.-The strike will be declared illegal in any of the following cases:

a) WHEN IT IS AN ESSENTIAL SERVICE; (8)

b) When it has objectives other than those mentioned in Art. 528;

c) When the provisions of this Code have not been complied with in respect of the stages of treatment

direct and of reconciliation;

ch) When it has been broken up before or after the period specified in Art. 530;

d) When it is not limited to the peaceful suspension of the work;

e) WHEN IT HAS NOT BEEN DECLARED BY THE ABSOLUTE MAJORITY OF THE WORKERS AND THE INSPECTION REQUESTED BY INTERESTED PARTY, I WILL FIND THAT THE STRIKING WORKERS DO NOT RESPECT THE FREEDOM OF WORK OF THOSE WHO HAVE NOT JOINED THE STRIKE. (8)

f) When the inspection turns out to be that the striking workers do not constitute, at least, fifty-one percent of the staff of the company or establishment

affected.

Art. 554.-In the same resolution as the illegality of the strike is declared, the

strikers will be prevented within the time limit that the court will point out, which will not exceed five days, return to the performance of their duties.

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Due to the deadline, workers who do not have a fair cause will be dismissed without employer responsibility.

Art. 555.-The illegality of the strike shall be declared within twenty-four hours of the filing of the application by any of the persons referred to in Art. 547, when

will affect a ESENCIAL* SERVICE or when manifestly with it objectives other than those mentioned in the art. 528. * (8)

Art. 556.-The inspection referred to in Art. 550 shall not be required, and the strike shall be declared illegal in the following cases:

a) When the Director General of Work reports that there are no such measures as may be

request;

b) When of the proceedings it appears that the provisions of this Code have not been complied with

with respect to the stages of direct and conciliation treatment;

c) When of the same measures the strike has been established before or after the period

referred to in Art. 549
of which

the strike agreement.

In the cases of (a) and (ch), the declaration of illegality shall be made within twenty-four

hours after the receipt of the report, or of the end of the period referred to in Article 549; and in the cases of points (b) and (c), within the seventy-two hours of receipt of the proceedings.

Art. 557.-Within seventy-two hours of having established any of the following ends, the strike will be declared illegal:

WHEN THE STRIKE IS NOT LIMITED TO THE PEACEFUL SUSPENSION OF WORK, OR WHEN IT HAS BEEN DECLARED BY A MINORITY OF WORKERS, THEY DO NOT RESPECT THE FREEDOM OF WORK OF THOSE WHO DO NOT JOIN THE STRIKE. (8)

Art. 558.-In the case of unemployment, and received by the Director-General of Labour, the court shall, on the basis of the parties ' appointment, be constituted in the undertaking or establishment concerned by the strike, in order to carry out inspection in order to verify whether the employer has suspended the work in the

undertaking or establishment.

Art. 559.-The unemployment will be declared legal, when the requirements and formalities have been filled that

prescribes this Code and has for purpose the objective stated in the Art. 540.

When unemployment is legal, the provisions of Art. 552 will apply.

Art. 560.-Unemployment will be declared illegal in any of the following cases:

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a) When you have objectives other than those outlined in Art. 540;

b) When the provisions of this Code have not been met with respect to the stages of direct and reconciliation treatment;

c) When you have been executed before or after the time limit specified in Art. 543;

ch) When not limited to the peaceful suspension of work; or

d) When of the inspection it turns out that the strike does not affect the all workers, without prejudice to the provisions laid down in Article 533.

Art. 561.-In the same resolution as the illegality of the strike is declared, the employer shall be prevented from resuming the work within the time limit which the court points out, which may not exceed five days.

Due to the deadline without the employer's or employers ' union complying with the order, the affected workers will have the right to terminate the individual contracts of work with employer responsibility and to demand the payment of non-accrual salaries due to the illegal unemployment.

Art. 562.-The illegality of the strike shall be declared within 24 hours of the filing of the application of any of the persons referred to in Art. 547, when

manifestly with it, objectives other than those mentioned in Art. 540 are intended.

Art. 563.-The inspection referred to in Art. 558 shall not be necessary, and the strike shall be declared

illegal in the following cases:

a) When the Director General of Work reports that there are no steps
be taken against him

ask;

b) When of the proceedings it appears that the provisions of this Code have not been complied with

with respect to the stages of direct treatment or conciliation; or

c) When of the same measures the strike is recorded before or after the deadline

stated in Art. 543.

In the case of point (a), the declaration of illegality shall be made within 24 hours of the receipt of the report; and in the cases of points (b) and (c), within seventy-two hours

of the proceedings being received.

Art. 564.-Within seventy-two hours of having established any of the following

, the unemployment shall be declared illegal:

a) When the inspection turns out to be that the strike does not affect all workers; or

b) When the strike is not limited to the peaceful suspension of work. In this case, if you already

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has declared the legality of the strike, that resolution shall be revoked and the provisions of Art. 561 shall take place.

Art. 565.-The judge in the qualification of the strike or of the strike may not delegate any diligence and the decision that he makes does not admit recourse.

If the causes of the legal strike or strike are attributable to the employers ' employer or union, they will be obliged to pay the suspended workers an amount equal to the basic salary that

would have accrued throughout the time of the suspension.

SECTION TENTH OF THE TERMINATION OF STRIKE AND STRIKE

Art. 566.-Strike and strike ends:

1) By direct arrangement;

2) By submitting the conflict to the knowledge of arbitrators; and

3) By the declaration of illegality of the strike or of the strike.

As to the direct arrangement, the provisions of the first and second paragraphs of Art. 487 and Art. 521, respectively; and in the case of arbitration, shall be observed in accordance with the provisions of Section 4 of this Chapter.

FOURTH TITLE

OF THE RESOURCES

Art. 567.-Against the providences that are dictated in accordance with this Book, the

following resources will proceed:

a) Review;

b) Appeal; and

c) Cassation.

CHAPTER I OF THE REVIEW AND ITS PROCESSING

Art. 568.-Admit review appeal to the respective Chamber or Chamber:

1) Final judgments delivered in trials of a single instance;

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2nd) The judgment delivered pursuant to Art. 448;

3º) The judgment in the case of Art. 475 and the resolution declaring inadmissible the demand for collective conflicts of a legal nature in which only the mere interpretation of a rule is requested; and

4th) In the judgments of a single instance, the resolutions declaring the application inadmissible; incompetence of jurisdiction; and those that

declare null all acted and order to replenish the judgment

Art. 569.-The review appeal may be brought in writing or in writing, on the same day or within three working days of the respective notification, before the judge or chamber which at first instance
aware
the case.

Art. 570.-Interposition and admission of the resource, the cars will be referred without delay, with news of

the parties, to the higher court that corresponds.

Art. 571.-The proceedings and the appeal, the Chamber, or the Chamber where appropriate,

shall be received, without further processing or due diligence, that the hearing of that person, shall confirm, reform or revoke the revised judgment or judgment, giving the corresponding judgment within three days from the date on which the orders were received.

APPEAL CHAPTER II

Art. 572.-An appeal may be brought before the respective Chamber or Chamber, against the following resolutions:

1st) Those declaring the application inadmissible;

2nd) Those declaring the exception of jurisdiction of jurisdiction;

3rd) Those that end the process making it impossible to continue;

4th) Those who declare the act null and order to replace the judgment; and

5th) The final judgments.

Art. 573.-The appeal for appeal to the Chamber of the Labour concerned is also admissible:

1st) The resolution declaring the application inadmissible in the collective conflicts of a legal nature, when the application of a rule is requested; and

2nd) The sentence pronounced in the case of the second paragraph of Art. 474.

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Art. 574.-The appeal must be filed in writing before the judge or chamber of first instance, on the same day or within three working days following that of the notification

.

Art. 575.-Interposition and admitted the appeal, the judge or chamber shall transmit the cars without delay to the

higher court corresponding to the degree, with the placement of the parties, so that they may appear to make use of their rights within five working days following that of the respective notification.

Art. 576. It is permissible for the appeal to adhere to the appeal, when the sentence of the lower one contains two or more parts and one of them is burdensome. This right may be used only within the term referred to in the previous Article.

Art. 577.-In the second instance, in the case of appeal, new exceptions can be alleged and proved, the same as being reinforced with documents, the facts alleged in the first one; more will never be allowed to present witnesses on the same points ventilated in this or other directly contrary,

to allege the actor new facts, nor to do anything that can alter the nature of the main cause.

The new exceptions referred to in the foregoing paragraph are those based on facts,

any such events or causes that have occurred after the closure of the process in the first instance, or those in respect of which the party was justifiably unable to adduce the respective evidence in due time.

Art. 578.-The opposition of the new exceptions in the above article must be expressed in an express manner and within the term prescribed by Art. 575. Also within that term they must

promise, specifying them the evidence or means of proof that is intended to be produced in accordance with the provisions of Art. 577. If the evidence is held by positions or testimonial by the interested party, it shall be received only if the statement of such statements or the questionnaire and the request for a statement of evidence are presented in

within the time limit expressed.

If such opposition and promise were not made in the form set out in this article, the allegation

will not be taken into account and the evidence to be proposed will not be received.

Art. 579.-The provisions of the foregoing article shall not apply when it is intended to establish

ends to destroy the new opposing or extreme exceptions necessary within articles or incidents which in the second instance are raised, such as recusal, tachwork or similar.

Art. 580.-Before sentencing can the parties promote the incident of falsehood of the

documents filed by the contrary in the second instance. And in this case it will proceed with the prescribed mode and form for the first instance.

Art. 581.-In the second instance, only the test case can be received in the following cases:

1) In those referred to in Articles 577 and 580;

2nd) To prove facts that were proposed in the first instance, they were not admitted;

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3º) To examine witnesses who, having been nominally appointed in the interrogation, were not examined in the first instance, by illness, absence

another reason independent of the will of the party; but in this case, the examination will only fall on the witnesses who were not examined and by the points proposed in the interrogation in which they were nominally appointed.

Art. 582.-The test case will be received in the second instance, the probances will take place, in the same way as in the first instance, the same as the ones. If these are admitted, only
witnesses who have been admitted to the second instance
be deleted; but the case of the first instance shall not be accepted, or shall not be crossed out in the latter. The appreciation of the test will be done in the same way as it is prescribed for the lower instance.

Art. 583.-Every term of proof in the second instance shall be half of the one that the law grants for the first instance.

Art. 584.-Due to the probative and verified term the evidence proposed, if it has taken place, will be confirmed, reformed or revoked the sentence or resolution appealed, the corresponding one being pronounced within the next five days.

Art. 585.-S i the appeal does not appear, it will be ruled as if it is a review; but if it does not compare the appellant, the term of the placement made by the judge, the court of second

, the court of second

the appeal, without another procedure that the certification of the Secretary that will assure not to have been carried out in time the part.

Declared the desertion will be executed the sentence that was appealed.

In the second instance it will not be considered in any case to end the distance.

CHAPTER III APPEAL

Art. 586.-Only appeal against the final judgments to be delivered on appeal may be brought, deciding on a case where the claim directly or indirectly in the

application, would amount to more than five thousand colones and so that those judgments are not in accordance with the main proceedings at first instance. *NOTE OF UNCONSTITUTIONALITY

The claims of fallen wages, holidays, and proportional water, will not be taken in

counts by the court when making the calculation of the total sum of the claimed in the claim.

Art. 587.-The appeal must be based on one of the following causes:

1st) Infringement of law or legal doctrine; and

2nd) Brokenness of some of the essential forms of judgment.

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Art. 588.-The remedy for violation of law or legal doctrine shall take place;

1) When the judgment contains violation, misinterpretation or improper application of laws or legal doctrines applicable to the case.

It is understood by legal doctrine the case law established by the courts of cassation, in five uniform and non-interrupted sentences, on the other hand, provided that it is settled on identical subjects in similar cases;

2nd) When an unconstitutional law has been applied in the judgment;

3rd) To contain the ruling contradictory provisions;

4th) To be the ruling contrary to the res judicata or to resolve on matters already terminated by withdrawal, transaction or conciliation, provided that such exceptions would have been

alleged;

5th) When there is abuse, excess or defect of jurisdiction by reason of matter;

6th) When in the assessment of the evidence there has been error of law; or error of fact if this result of authentic, public or private documents, or of the confession when

has been appreciated without relation to other evidence; and

7th) When the judgment fails to resolve points raised.

Art. 589.-The appeal for violation of the essential forms of the trial, will take place:

1) For lack of legal summons to conciliation; and

2nd) For lack of opening to the test in any of the instances when the law establishes it.

Art. 590.-In order to admit the use of a violation of form, it is essential that the person who interposes it has claimed the cure of the fault, making timely use and in all its degrees,

of the resources established by the law, except that the claim is impossible.

Art. 591.-The action must be brought within the five-day fatal term from the day following that of the respective notification, before the court that delivered the judgment of which it is

resorts.

Not being the working party or the one who represents the party who resorts, who will interpose the appeal

must accompany its written statement of interposition, the proof of having deposited in the General Treasury of the Republic, the sum equivalent to ten percent of the amount referred to in the first paragraph of Art. 586, without it being able to exceed a thousand colons, to the order of the court that pronounced the

judgment, sum that, in the case that the Chamber declares the inadmissibility of the appeal, the impropriety of the appeal or if it desist from it, will be delivered by the instance court to

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the working party, for compensation, without prejudice to the rights that are due to the judgment in question.

In the case referred to in the foregoing paragraph, the interposition letter shall not be received if it is not accompanied by the aforementioned voucher.

Only when the statement is married will the reoccurring amount be returned to the appellant.

Art. 592.-The Chamber, in declaring the appeal inadmissible, or in the marriage of the judgment under appeal, shall order that the court of instance make the delivery or return of the amount deposited to the person concerned as before.

Art. 593.-In all other cases, the work appeal will be governed by the provisions of the Law of Cassation for Civil Cassation.

CHAPTER IV OF THE FACT RESOURCE

Art. 594.-The review or the appeal by the court concerned shall be denied, the appellant may appear in writing before the high court in degree, within the three-day term, from the following to the one in which the refusal was notified to him, asking that the appeal be admitted.

Art. 595.-The higher court will free the lower court to refer the cars to the next business day, except that from the simple reading of the application the illegality of the appeal will appear, in

whose case will be resolved like this. The communication shall be made by telegraphic, with a notice of receipt, when the higher court has its seat rather than its seat.

Art. 596.-Introduced the cars to the higher court, the latter will decide within two days on the origin or the origin of the resource. If you estimate the refusal of the lower, you will return the cars with certification of the provided. When you judge that you have been denied

improperly, you will resolve the appeal and notify the parties of their admission, so that they can make use of their rights within the next three days and will proceed as set forth for review and appeal.

FIFTH TITLE

GENERAL PROVISIONS

Art. 597.-The minutes, reports and proceedings carried out by the General Labour Inspectorate, with the exception of legal exceptions, shall not be valid for judgments and conflicts of work.

Art. 598.-Of the decisions declaring the exception of incompetence of jurisdiction or without an alleged nullity, no appeal shall be admissible; but it may be claimed against

when recourse to the final judgment.

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Art. 599.-The declaration of nullity shall proceed in the cases provided for in this Book and those applicable to the Code of Civil Procedures.

Art. 600.-If the high court of law in which it is known, I shall find some vitio with nullity committed by the respective child, who has not been remedied, shall resolve in the following manner: if

consists of vice that annuls the case, shall declare the judgment void, the diligence that has such vice and those that are its immediate consequence, sending the process back from the first valid act; and if it consists in having failed against the express and terminant law; the judgment shall be annulled and the appropriate decision shall be made.

Where, in the course of the second instance, any nullity of proceedings has been committed which has not been remedied, the court shall declare the due diligence to be void and those which are the consequence thereof, and shall restore such proceedings if necessary.

The provisions of this article are without prejudice to the observance of the procedures relating to nullity, contained in the Code of Civil Procedures.

Art. 601.-In the trials and conflicts of work there will be no transfer, the actor will not be required to bail, and there will be only costs in the execution of the sentences, the reconciliatory arrangements and the

transaction.

Art. 602.-In the case of judgments and conflicts of work, the provisions of the Code of Civil Procedures, which do not contradict the text and the procedural principles contained in this Book, shall apply as far as they are compatible with

.

Art. 603.-There shall be no need for acceptance by the opposing party, upon withdrawal of an action or an action. The withdrawal in the first instance will remain the things of one and the other part in the same state that they had before the demand. If it is in the second instance or in any resource,

will import an express consent of the appealed statements or that it has been used.

Art. 604.-Whatever the value of what is demanded, evidence of

witnesses will always be admitted.

Art. 605.-The provisions of Art. 141 of the Code of

Civil Procedures shall not apply.

Art. 606.-When in accordance with the law, a union executive has to act in trials, procedures or labor measures, he will check his personal capacity with only the respective credential,

extended by the Head of the National Department of Social Organizations of the Ministry of Labor and Social Welfare, according to the Organic Law of the Ministry of Labor.

Art. 607.-Of all diligence in which the Judge, the Chamber, the Chamber, the Chamber, the Chamber, the minutes shall be lifted shall be authorized by the Secretary and the Chief Officer, if necessary; and if in the diligence the parties or other persons have been involved, they shall also sign those who are present if they can and they want, leaving the record of

this in the minutes, penalty of nullity.

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Art. 608.-The employers and trade unions of workers or employers must show to the competent authorities and to the arbitrators and experts, the documents necessary for the

resolution of the conflict, as they are required to do so.

Art. 609.-If the substitution occurs for any pending labor disputes or conflicts

of the replaced employer, it is understood that from the moment that it has been notified of the existence of such judgments or conflicts, the substitute employer integrates the same defendant, whether or not it has been addressed in the case.

SIXTH TITLE

OF THE PRESCRIPTION

Art. 610.-In sixty days the actions of termination of employment contract for legal reasons, claim of compensation for dismissal in fact, resolution of the contract with compensation of damages and damages for the first reason referred to the Art. 47, the result of the provisions of the Art.

52 and the claim of the benefit referred to in the 2nd part of Art. 29. In all these cases the limitation period shall be counted from the date on which the cause of the action has occurred.

Art. 611.-Actions to claim sickness benefits, work accident allowances and maternity benefits shall be prescribed in 60 days from the date on which the respective benefit was ceased. It will also prescribe in sixty days the action to claim

funeral expenses, counted from the date the worker's death occurred.

Art. 612.-The actions deriving from the rights conferred on Articles 333 and 334 shall be prescribed

in sixty days from the date of the expenditure or the date on which the judgment declaring its liability to the employer has been enforced.

Art. 613.-The actions of the worker to claim the payment of wages and benefits for days of weekly rest, days of asueto, vacations and water, shall be prescribed in one hundred and eighty days, counted from the date on which the payment was made.

Art. 614.-The action of the employer to claim the return of the amounts unduly advanced to the worker in the case referred to in Article 308, prescribes in one hundred and eighty

days, counted from the day on which the employer makes the payment of the last quantity.

Art. 615.-Every action to claim the payment of compensation for professional risk, will be prescribed in two years, counted from the date of the accident or the first medical observation of the

disease.

Art. 616.-The other actions of the worker or employer arising out of the rights which
to them
this Code, which have not been specially contemplated in this Title, shall be prescribed in sixty days from the date on which the cause of their exercise occurs.

Art. 617.-The prescription does not run against those unable to appear in work trials, as long as they do not have a legal representative. The latter will be responsible for the damages that

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the course of the prescription term, are caused to your represented.

Art. 618.-The prescription is interrupted:

1st) By demand interposition;

2nd) By express or tacit recognition that the person to whose favor the term of the prescription runs, make the right of that person against whom the term passes; and

3rd) By force majeure or fortuitous case duly checked.

FIFTH BOOK

FINAL PROVISIONS

SINGLE TITLE

CHAPTER I

OF THE ADMINISTRATIVE PENALTIES AND PROCEDURE TO IMPOSE THEM

FIRST SECTION

VIOLATIONS OF UNIONS

Art. 619. To impose on the trade unions the penalties mentioned in this Code, the authority that

has knowledge of the infringement or the individuals affected, may write to the COMPETENT JUDGE IN LABOR MATTERS* stating the facts, accompanying the corresponding justifications, if they have them and requesting that the respective sanction be applied.

* (8) Art. 620.-Within three days of the receipt of the request referred to in the article

above, the THURSDAY* must quote the union representative to appear to answer within

of the following two days.

Art. 621.-Expired, whether or not the representative has replied, the THURSDAY* will open the trial

for evidence for the term of eight unextendable days. * (8)

Art. 622.-After the probative term, the THURSDAY * must be sentenced within the following three days. * (8)

If the judgment is in favour of the union, the cars will be sent in review to the Minister of Labour and Social Welfare.

APPEAL MAY BE FILED FOR APPEAL, TO THE RESPECTIVE LABOR CHAMBER, WITHIN THREE WORKING DAYS OF THE RESPECTIVE

NOTIFICATION. (8)

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THAT RESOURCE WILL BE PROCESSED IN THE MANNER SET FORTH IN THIS CODE AND THE PRONOUNCED STATEMENT WILL NOT BE SUPPORTED BY ANY RESOURCE. (8)

Art. 623.-If the penalty imposed is that of fine, the union must find out its value within thirty days of the notification of the executed judgment. If that term has elapsed

the judgment has not been served, the authority that imposed the fine will order the union to be suspended until the day when it finds its value. This suspension may not exceed the legal maximum.

Art. 624.-In the case of the previous article or if the sentence is suspended, the authority that has declared it to be executed, will free the corresponding section of the Ministry of Labor and Social Security to make the entry in the respective registry, of the suspension and its motive. If the statement will order the union dissolution, the registration in the respective register will be cancelled

by marginal annotation.

Art. 625.-In the cases referred to in the previous article, the bank or banks in

that have their funds shall be freed from the trade union, to the effect that they are immobilized and notices will be published in the Official Journal and in any other newspaper of general circulation in the country, for three consecutive times, making known the suspension or dissolution and its cause.

Art. 626.-Any act carried out in the name of the union during the suspension or after the cancellation of the registration in the Register, as the case may be, shall be absolutely null and shall be answered by the

the persons who have agreed or made it.

The provisions in the preceding paragraph, shall not take place if the acts to be agreed upon or performed, are

necessary for settlement.

SECTION SECOND

OTHER VIOLATIONS

Art. 627.-Violations of the provisions of Books I, II and III of this Code and other laws

labor that do not have a special sanction, will make the offender incur a fine of up to five hundred colones for each violation, without therefore no longer being satisfied with the provisions of the law infringed.

To calculate the amount of the fine, account shall be taken of the seriousness of the infringement and the economic capacity of the infringer.

Art. 628.-In order to impose and enforce the fines referred to in this Title, the following procedure shall be followed:

The Head of the respective Department of the General Labour Inspectorate, once he/she establishes the infringement with the Inspector's record or report, shall send the person concerned to a hearing indicating, by day and hour, with a term to appear that he shall not exceed eight days, taking

into account, the address of the person concerned and the number or seriousness of the offences.

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The persons quoted will appear to be able to evacuate the granted hearing, to the Chief of the Section who cites them or to the Zone Supervisors, when they are commissioned to verify such diligence.

If the interested party asks, when the hearing is evacuated, the proceedings will be opened for four days.

The Head of the Section, whether or not the person concerned appears, shall decide within two days of the expiry of the test term, if any, or within two days of the hearing if

there has been no opening to evidence.

The failure to impose the fine will determine a reasonable period of time that will not exceed 15 days, within which the value of the penalty will be determined, which will be paid to the General Fund of the State.

Of the resolution in which a sanction is imposed, the appeal for appeal to the Inspector General of Labour shall be admissible, provided that it is filed in writing within the following five days

of the respective notification.

This term may never be extended for any reason.

The certification of the resolution imposing a fine will have executive force.

Art. 629. The heads of the Department of the General Labour Inspectorate shall inform the person concerned by means of members of the staff of the respective sections or in his absence, through the Municipal Mayor of the place where the address of the person concerned corresponds.

The measures referred to above shall be carried out in the manner prescribed in Articles 210 and 220.

Art. 630.-The Inspector General of Labor shall process the appeal by applying the following procedure: the appellant shall have five days to appear before the higher authority to make use of

his rights. If the proceedings have been opened in the first instance, the person concerned may request that the proceedings be opened in the second instance, provided that such request is made within the term of the site. Where appropriate, the term of evidence shall be granted for two days. Expired

the term of evidence in the second instance, when it has place, or that of the site when it does not proceed, will be given final resolution within the next three days.

As applicable and do not contradict the letter and spirit of these provisions, the provisions of the procedural rules will be observed

.

Art. 631. For the sole effect of the imposition of the sanctions provided for in this Title, the

existence of the companies of any class that are and the legal representation thereof, shall be proven with what the Inspector of Work manifests in the act or report which it gives, except for the contrary proof by means of the respective documents.

CHAPTER II

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TRANSIENT Provisions

Art. 632.-THE MODIFICATIONS THAT THIS CODE INTRODUCES IN THE AMOUNT OF THE SURCHARGES OF SALARY AND BENEFITS, WILL BE OBLIGATORY FOR THE STATE, THE MUNICIPALITIES AND THE OFFICIAL AUTONOMOUS AND SEMI-AUTONOMOUS INSTITUTIONS, STARTING FROM THE FIRST DAY OF

JANUARY 1973. (1)

Art. 633.-Trade union organizations must adapt their statutes to the provisions of this

Code, within six months after the date of their validity. The same obligation will apply to employers in respect of internal labour regulations.

Art. 634.-Individual and collective labour contracts, internal labour regulations,

as well as any other sources of employment obligations which establish rights, benefits or prerogatives in favour of workers and which are inferior to those granted to them by this Code, shall not have legal effects in the future, being replaced by what the present body of laws prescribes.

If the rights, benefits or prerogatives are superior to those that this Code grants, the clauses or rules that establish them will continue to apply, thus being consolidated in favor

of the workers.

Art. 635.-The judgments, conflicts and proceedings of any kind that are pending upon entry

in force this Code, will continue to be processed in accordance with the procedures established in this Code and will be failed according to the substantive laws in force at the time when the situation or conflict that is resolved has occurred; more if the new procedures will cause damages

irreparable to the parties, will continue to apply the procedures repealed until the processes in state of being able to continue with the procedures established in this Code.

CHAPTER III REPEAL AND VALIDITY

Art. 636.-Deroganse the legal provisions contrary to the present Labour Code, and especially the Legislative Decree No. 241, dated twenty-two of January thousand nine hundred and sixty-three, published in the Official Journal No. 22, Volume 198 of the first of February of a thousand nine hundred and sixty

and three.

Art. 637. This Decree shall enter into force, except in the case of Art. 632, ninety days after its publication in the Official Journal.

GIVEN IN THE SESSION OF THE LEGISLATIVE ASSEMBLY; NATIONAL PALACE: San Salvador, at the twenty-three days of the month of June of a thousand nine hundred and seventy-two.

RUBEN ALFONSO RODRIGUEZ,

PRESIDENT.

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JULIO FRANCISCO FLORES MENENDEZ, ALFREDO MORALES RODRIGUEZ, VICE-PRESIDENT. VICE-PRESIDENT.

JORGE ESCOBAR SANTAMARIA, FIRST SECRETARY.

ROBERTO ESCOBAR GARCÍA, JOSÉ FRANCISCO GUERRERO, FIRST SECRETARY. FIRST SECRETARY.

CARLOS ENRIQUE PALOMO, SECOND SECRETARY.

LUIS NEFTALI CARDOZA, PABLO MATEU LLOT, SECOND SECRETARY. SECOND SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the thirty days of the month of June of a thousand nine hundred and seventy-two.

PUBESQUIESE,

FIDEL SÁNCHEZ HERNÁNDEZ, President of the Republic.

Joaquin Zaldivar, Minister of Labour and Social Welfare.

Rafael Ignacio Funes, Minister of Justice.

PUBLISH IN THE OFFICIAL JOURNAL

Enrique Mayorga Rivas, Secretary General of the Presidency of the Republic.

D.O: Nº 142

Took: Nº 236 Date: July 31, 1972

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REFORMS:

(1) D.L. Nº 182, NOVEMBER 9, 1972, D.O. Nº 209, T. 237, NOVEMBER 10, 1972.

(2) D.L. Nº 104, 3 OCTOBER 1974, D.O. Nº 184, T. 245, OCTOBER 3, 1974.

(3) D.L. Nº 499, 8 APRIL 1976, D.O. Nº 70, T. 251, APRIL 9, 1976.

(4) D.L. Nº 174, DECEMBER 9, 1976,

D.O. No 228, T. 253, 10 DECEMBER 1976.

(5) D.L. Nº 288, 1 JUNE 1977,

D.O. No 105, T. 255, 6 JUNE 1977.

(6) D.L. Nº 47, SEPTEMBER 14, 1978,

D.O. No. 180, T. 260, SEPTEMBER 28, 1978.

(7) D.L. No. 323, JANUARY 24, 1985,

D.O. No 32, T. 286, 13 FEBRUARY 1985.

(8) D.L. Nº 859, 21 APRIL 1994,

D.O. Nº 87-BIS, T. 323, 12 MAY 1994.

(9) D.L. Nº 408, 20 JULY 1995,

D.O. Nº 135, T. 328, JULY 21, 1995.

(10) D.L. Nº 275, FEBRUARY 11, 2004,

D.O. No 53, T. 362, 17 MARCH 2004.

(11) D.L. Nº 611, FEBRUARY 16, 2005,

D.O. No 55, T. 366, 18 MARCH 2005.

(12) D.L. Nº 332, 14 MARCH 2013, D.O. Nº 71, T. 399, APRIL 19, 2013.

(13) D.L. No 376, 9 MAY 2013, D.O. No 99, T. 399, 31 MAY 2013.

(14) D.L. Nº 399, 13 JUNE 2013, D.O. No 125, T. 400, JULY 9, 2013.

(15) D.L. No. 143, OCTOBER 8, 2015,

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D.O. No. 196, T. 409, OCTOBER 26, 2015.

(16) D.L. No. 227, DECEMBER 16, 2015, D.O. No. 10, T. 410, JANUARY 15, 2016.

PARTIAL REPEAL:

D.L. Nº 839, 26 MARCH 2009, D.O. No 68, T. 383, 16 APRIL 2009. (Art. 114, Inc. 2 °, 3 ° and 4 °)

UNCONSTITUTIONALITIES

*THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, BY MEANS OF JUDGMENT No. 26-2006, PUBLISHED IN THE OFFICIA L No. 55, T. 374 OF 21 MARCH 2007, DECLARES ART. 136, INC. UNCONSTITUTIONAL. FINAL, WHILE ITS CONTRADICTION WITH ART. 38, ORDINAL 3 OF THE CONSTITUTION HAS BEEN ESTABLISHED.

**THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, BY RESOLUTION 53-2005 AND 55-2005, DECLARED THE UNCONSTITUTIONALITY BY DEFAULT, OF THE MANDATE CONTAINED IN ART. 252, IN RELATION TO ART. 38, ORD. 12º CN., FOR NOT ISSUING THE LAW OBLIGING THE MEMBERS TO PAY AN ECONOMIC BENEFIT FOR THE RESIGNATION OF THE PERMANENT WORKERS; HAVING THE DEADLINE TO DO SO BY THE ASSEMBLY NO LATER THAN 31-12-13. (ROM/22/03/13)

NOTE OF UNCONSTITUTIONALITY:

*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY SENTENCE No. 5-2012, 78-2013 AND 138-2013, PUBLISHED IN THE D. O. No. 139, T. 404, OF 28 JULY 2014, IT IS HEREBY DECLARED THAT ART. 586 INC. 1 ° CONDAVIENE LOS ARTS. 2 INC. 1 °, 3 Y 11 CN. ONLY IN RESPECT OF THE QUALITATIVE REQUIREMENT OF THE DISCONFORMITY OF THE MAIN JUDGMENTS OF THE FIRST AND SECOND INSTANCE, CONTRAVENE LOS ARTS. 2 INC. 1 °, 3 AND 11 CN., SINCE THE LEGISLATOR ALLOWS A TOTAL NEGATIVE IMPACT ON THE RIGHT TO APPEAL IN THE FIELD OF EMPLOYMENT.

RELATED PROVISIONS:

-TRANSIENT SPECIAL PROVISION TO EXEMPT INCOME TAX WITHHOLDING, FOR 2009, INCOME THAT IS IN THE CONCEPT OF AGUINALDO, RECEIVING WORKERS REFERRED TO IN

LABOR CODE AND LAW ON ADDITIONAL CASH COMPENSATION. D.L. No. 215, DECEMBER 3, 2009,

D.O. No. 228, T. 385, DECEMBER 4, 2009.

-UNTAXED INCOME, FOR 2009, ANY CASH COMPENSATION PAID TO THE SALARIED WORKER AS A AGUINALDO,

WHEN NOT EXCEEDING TWO MINIMUM WAGES.

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D.L. No. 228, DECEMBER 16, 2009, D.O. No. 241, T. 385, DECEMBER 23, 2009.

-TRANSIENT SPECIAL PROVISION TO EXEMPT INCOME TAX WITHHOLDING, FOR 2010, REVENUES THAT ARE IN CONCEPT

AGUINALDO, RECEIVE WORKERS REFERRED TO IN THE LABOR CODE AND THE LAW ON ADDITIONAL CASH COMPENSATION. D.L. No. 530, DECEMBER 2, 2010,

D.O. No. 228, T. 389, DECEMBER 6, 2010.

- TRANSIENT SPECIAL PROVISION TO EXEMPT INCOME TAX WITHHOLDING, FOR 2011, REVENUES THAT ARE IN CONCEPT

AGUINALDO, RECEIVE WORKERS REFERRED TO IN THE LABOR CODE AND THE LAW ON ADDITIONAL CASH COMPENSATION. D.L. No. 926, 23 NOVEMBER 2011,

D.O. No. 220, T. 393, NOVEMBER 24, 2011.

-TRANSITIONAL PROVISION TO EXEMPT TAX WITHHOLDING

ON INCOME, FOR 2012, THE INCOME THAT IN THE CONCEPT OF AGUINALDO, RECEIVE THE WORKERS REFERRED TO IN THE LABOR CODE AND THE LAW ON ADDITIONAL CASH COMPENSATION.

D. L. No. 212, NOVEMBER 28, 2012, D. O. No. 229, T. 397, DECEMBER 6, 2012.

-TRANSITIONAL PROVISION TO EXEMPT INCOME TAX WITHHOLDING FOR 2013, INCOME THAT IS IN THE CONCEPT OF AGUINALDO, RECEIVES THE WORKERS REFERRED TO IN THE LABOR CODE AND THE LAW ON ADDITIONAL CASH COMPENSATION.

D. L. No. 561, NOVEMBER 28, 2013, D. O. No. 226, T. 401, DECEMBER 3, 2013.

-DECLARE JUNE 17, EACH YEAR, PARENT ' S DAY. D. L. No 208, 28 NOVEMBER 2012, D. O. No 239, T. 397, DECEMBER 20, 2012.

-SPECIAL ASSUMPTION BY PARENTHOOD, ASUETOS LAW, VACATION AND LICENSES OF PUBLIC EMPLOYEES.

D. L. No 335, 14 MARCH 2013, D. O. Nº 71, T. 399, APRIL 19, 2013.

- TRANSITIONAL PROVISION TO EXEMPT INCOME TAX WITHHOLDING FOR 2014, THE INCOME THAT IS RECEIVED BY AGUINALDO TO THE WORKERS REFERRED TO IN THE LABOR CODE AND THE LAW

ON THE ADDITIONAL CASH COMPENSATION. D. L. No. 877, NOVEMBER 27, 2014,

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________

167

D. O. No. 227, T. 405, DECEMBER 4, 2014.

-TRANSITIONAL PROVISION TO EXEMPT INCOME TAX WITHHOLDING FOR 2015, INCOME THAT IS IN THE CONCEPT OF AGUINALDO, RECEIVING WORKERS REFERRED TO IN THE LABOR CODE AND LAW

ON ADDITIONAL CASH COMPENSATION. D. L. No. 177, NOVEMBER 12, 2015, D. O. No. 216, T. 409, NOVEMBER 24, 2015.

MHSC/ngcl

ROM/mldeb 24/04/07

CGC 11/05/09

SV/ 03/02/10

RM/ngcl 03/05/10

JCH 15/12/10

JCH 13/12/11

FN 14/01/13

SV 17/05/13

SV 04/07/13

JQ 29/07/13

JCH 26/03/14

JQ 12/01/15

SP 16/12/15

JQ 23/02/16

___________________________________________________________________ LEGISLATIVE INDEX

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Original Language Title: CÓDIGO DE TRABAJO.

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