Procedural requirements for individual dismissals - El Salvador - 2010
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- Labour Code [LC], 1972, as last amended by Legislative Decree No 839 of March 2009 (Codigo de Trabajo, available only in Spanish)
Date: 26 Mar 2009; view website »
- The Constitution of El Salvador, 1983, Titlle II, Chapter II, Section II, as last amended in May 2009 (Constitución de la República de El Salvador - in Spanish only)
Date: 27 May 2009; view website »
- Decree No. 888 of 2 May 2000 with regard to equal opportunities for persons with disabilities (Ley de equiparación de oportunidades para las personas con discapacidad - in Spanish only)
Date: 02 May 2000; view website »
- Mediation, Conciliation and Arbitration Act ordered by Decree No 914 of July 2002 (Ley de Mediación, Conciliación y Arbitraje – available only in Spanish).
Date: 11 Jul 2002; view website »
- Civil Service Act, 1961, as last amended by Legislative Decree No. 10 of May 2009 (Ley de Servicio Civil – available only in Spanish)
Date: 10 May 2009; view website »
Notification to the worker to be dismissed: no specific form required
- Art. 55 LC: The dismissal must be communicated to the worker by the employer or by his/her representatives, otherwise it is considered null and void, except when a written letter of dismissal signed by the employer or his/her representatives is delivered to the employee.
However, note art. 60. At the end of any contract, whatever the cause that motivated its termination, the employer must give written notice to the employee expressing: 1) starting and termination date of its work 2) type of work undertaken 3) last salary earned.
If the worker demands so, it can also include: 4) description of the worker’s efficiency and behaviour 5) reason of termination of contract.
Note that: it is not the official notification of the worker’s dismissal, it is rather a complementary document to the end of the contract.
Pay in lieu of notice: No
Notification to the public administration: No
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
- However, prior authorization from the competent jurisdictional authority is required for the dismissal of a worker covered by trade union immunity (art. 248 LC and 47 of the Constitution).
Approval by workers' representatives: No
Notes / Remarks
There are no statutory notice periods to be observed in the event of dismissal.