ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

El Salvador - Minimum Wages - 2011


LAST UPDATE

16 November 2011

SOURCES


Name of Act

Decree n° 56 issuing the rates of minimum wages for the workers in the commerce and services sector,and in the sectors of industry and textile (maquila), of 16 May 2011.

Name of Act

Decree No. 15 promulgating the Labour Code (Codigo de Trabajo Diario Oficial No. 142, 31 July 1972, pp. 7062-7124) of 23 June 1972, as amended up to Legislative Decree n° 839, of 26 March of 2009.
click on this symbol to show or hide remarks

Name of Act

Decree n° 54 issuing the rates of minimum wages for the agricultural sector, of 6 May 2011.

Name of Act

Decree n° 55 issuing the rates of minimum wages for the workers in the coffee, cotton and sugar cane harvest, of 6 May 2011

Name of Act

Decree n° 57 issuing the rates of minimum wage for the seasonal agricultural workers, of 6 May 2011.

Name of Act

Legislative Decree No. 38 containing the Political Constitution of El Salvador (Constitucion Politica de El Salvador; Diario Oficial n° 234 Tomo: 281 Publicación 16/12/1983) of 15 December 1983, as amended up to Legislative Decree n° 36 of 27 May of 2009, (Diario Oficial n° 102, Tomo 383) of 4 June 2009.

LEGAL DEFINITIONS


Employee/worker

"Worker" shall mean any employee or labourer who executes work or renders a service to and under the dependence of one or more employers in exchange for remuneration.
Labour Code Art.2,17

Employer

"Employer" shall mean any person who receives and remunerates the work executed or the service rendered by a worker.
Labour Code Art.17

Wage

"Wage" shall mean the compensation in cash the employer shall pay to the worker for services rendered according to a labour contract.
Labour Code Art.119

Minimum wage

"Minimum wage" shall mean the minimum salary sufficient to cover the material, moral and cultural needs of the worker and his family.
Labour Code Art.144

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

Minimum wage rates are set by the government for certain sectors following the proposal made by the National Minimum Wage Council. The government has the discretion to accept the proposal and fix the proposed rates by decree, or direct the National Minimum Wage Council to reconsider their proposal.

The National Minimum Wage Council is a tripartite institution dependant on the Ministry of Labour and Social Security. It has seven members as set forth below: three government representatives: one for the Ministry of Labour, one for the Ministry of Economy and one for the Ministry of Agriculture, two workers’ and two employers’ representatives.
The National Council for Planning and Economic Coordination shall give its opinion to the National Minimum Wage Council when minimum wages are being adjusted.
Labour Code Art.149,155

Minimum wage set through decentralized collective bargaining

Wage rates can also be fixed by collective agreement. Rates fixed by collective agreement cannot be lower than minimum wages fixed by legal authority.
Labour Code Art.148, 275

Criteria


Needs of workers and their families

Yes. In order to fix the minimum wage, it shall be taken into account the material, moral and cultural needs of the worker and his family.
Political Constitution Art.38.2

Cost of living

Yes. In order to fix the minimum wage it shall be taken into account specially the cost of living and for this purpose the ordinary cost of food, clothing, accomodation, education and health for a normal family, whether in a rural or urban area.
Political Constitution Art.38.2
Labour Code Art.146

Economic development

Yes. The economic situation of the country shall be taken into account when fixing the minimum wages.
Decree n° 56 Recital III

Level of employment

Yes. In order to fix the minimum wage it shall be taken into account the characteristics of the work.
Labour Code Art.145

Other provisions

In order to fix the minimum wages it shall be taken into account the different systems of remuneration and the different areas of production.
Labour Code Art.145

Coverage


Scope

The Constitution provides that all workers are entitled to enjoy a minimum wage rate which shall be adjusted periodically.
There is no general minimum wage rate that applies to all workers. Instead, minimum wage rates are set for the following sectors: commerce, services, industry, textile, clothing, agriculture, coffee, cotton and sugar cane industry.
Political Constitution Art.38.2
Decree n° 54 , Decree no.55, Decree no.56, Decree no.57

Excluded categories

Relevant provisions on excluded categories have not been identified.

Specific minimum wage rates


» Specific minimum wage by sector

Minimum wages are set for the following sectors: commerce, services, industry, textile, clothing, agriculture, coffee, cotton and sugar cane industry.
Decree n° 54 Decree no.55, Decree no.56, Decree no.57

» Minimum wage levels for specific categories of workers


» Trainees

Apprentices are entitled to the following rates of payment; not less than the 50% of the ordinary minimum wage rate during the first year, not less than the 75% during the second year, and not less than the full amount of the minimum wage rate from the third year.
Labour Code Art.69

» Domestic Workers

The salary of domestic workers shall be the agreed between the employer and the employee, and unless otherwise agreed shall comprise in addition to payments in cash, the provision of food and accomodation.
Relevant provisions regarding an specific rate of minimum wage for domestic workers have been not identified.
Labour Code Art.78

» Piece-rate workers

Piece-rate workers must receive wages equal to at least the daily minimum wage
Labour Code Art.147
Political Constitution Art.38.2

» Other categories

Employers must pay the full daily minimum wage rate to workers working fewer than eight hours but more than five hours per day. In any other case, the minimum wage must be proportional to the number of hours effectively worked.
Labour Code Art.147

Level


Minimum wage level(s) in national currency

There is no general minimum wage rate that applies to all workers. Instead, minimum wage rates are set for the following sectors: commerce, services, industry, textile, clothing, agriculture, coffee, cotton and sugar cane industry.

As a reference we take the day-time minimum wage rates for the commerce and services, industry sector and textile and clothing sector.

From May 16th, 2011:
Commerce and services sector: 7.47 US$ per day or 0.934 US$ per hour.
Industry sector except textile and clothing sector: 7.31 US$ per day or 0.914 US$ per hour.
Textile and clothing sector. 6.25 US$ per day or 0.781 US$ per hour.
Decree n° 56 Art.56

Last minimum wage update

16 May 2011
Decree n° 56 Art.1

In-kind allowances

The Labour Code provides that wage shall mean the compensation in cash that the employer shall pay to the worker for services rendered according to a labour contract.

References to in-kind allowances have been not identified. However it is expressly mentioned that the wage shall comprise all the payments in cash. Therefore, it seems that benefits paid in other manner are not considered as a part of the wage.
Labour Code Art.119

Rate of payment


» Hourly

The legislation sets out the different minimum wage rates per hour and per day.
Decree n° 54 , Decree no.55, Decree no.56, Decree no.57

» Daily

The legislation sets out the different minimum wage rates per hour and per day
Decree n° 54 , Decree no.55, Decree no.56, Decree no.57

Scheduled frequency of adjustment

Minimum wages shall be adjusted at least every three years.
In practice it’s being adjusted every year.
Labour Code Art.159

Enforcement mechanisms


Labour inspection

Authorized labour inspectors ensure compliance with labour legislation.
Once an infraction is noted by the Labour Inspection and before the delivery of the fine to the infractor, it takes place a procedure in which the employer has the opportunity of present his allegations.
Labour Code Art.628

Fines in national currency for non-respect of legislation

The calculation of fines is based on the seriousness of the offence, economic capacity and the number of times the offender has been found guilty of not respecting the minimum wage legislation.

According to the minimum wage rates provided by Decrees for the different sectors for the 2011, the fine for non respecting the legislation is fixed in the amount of 57.14 US$, in addition to the obligation of reimburse the worker with the due amount.
Labour Code Art.627
Decree n° 56 Art.7
Decree no.57 Art. 6, Decree no.55 Art.8, Decree no.54 Art.5.

Results generated on: 28th March 2024 at 18:33:04.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.