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El Salvador - Working time - 2011


LAST UPDATE

16 November 2011

SOURCES


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.
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LEGAL DEFINITIONS


Working time/working hours

Working time means any hours the employee remains at the employer’s disposal, as well as those rest periods, lunch time, or any other time to satisfy physiological needs within the working day.
Labour Code Art.163

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

Night work(er)

Night work is the work performed in the interval between 7 p.m. and 6 a.m. of the following day.
Any person whose working day includes more than four hours during night-time shall be deemed to be employed in night work for the purposes of the number of hours worked.
Labour Code Art.161

Domestic worker

Domestic workers are engaged on a regular and continuing basis at the employer’s home or other place of residence. This work cannot contribue to the worker’s profit or business.
Labour Code Art.77

Young worker

Young workers shall mean the workers who are at least 12 years old and are not attending obligatory school. Young workers may only be employed in light work and not implying a prejudice in the their health, personal development including their education.
Labour Code Art.114(a)

NORMAL HOURS LIMITS


Daily hours limit


General limit

The hours of work shall not exceed 8 hours per day.
Labour Code Art.161
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

The hours of work shall not exceed 7 hours per day in works involving hazardous or unhealthy conditions.
Labour Code Art.162

Special categories


» Night work

The hours of work during night-time shall not exceed 7 hours per day.
Labour Code Art.161

» Young workers

The hours of work for workers under 16 years old shall not exceed 6 hours per day.
Labour Code Art.116

» Agricultural workers

The start and end of the working day in agriculture is permitted to vary depending on the nature of the work, the need for and urgency of the work, the season or any other reason, but shall not exceed 8 hours per day.
Labour Code Art.89

» Domestic work

Domestic workers are not subject to daily limitation of working hours, but at least they shall enjoy 12 hours of rest per day, of which 10 shall be enjoyed continuously during the night and 2 hours for meals breaks during the day.
Labour Code Art.80

Weekly hours limit


General limit

The hours of work shall not exceed 44 hours per week.
Labour Code Art.161
Historical data (year indicates year of data collection)
  • 2009: 44 hours
  • 2007: 44 hours
  • 1995: 44 hours.

Reference period(s)

The weekly hours are scheduled in a 6 days work week, unless otherwise agreed.
Labour Code Art.170

Compressed workweeks

For the purpose to allow workers to rest on Saturday and Sunday, it may be agreed work an extra hour daily. Such an agreement requires the approval of the Director General of Labour.
Labour Code Art.170

Exceptions

The hours of work shall not exceed 39 hours per week in works involving hazardous or unhealthy conditions.
Labour Code Art.162

Special categories


» Night work

The hours of work during night-time shall not exceed 39 hours per week or 36 hours per week when the work is performed in dangerous or unhealthy conditions.
Labour Code Art.161, 162

» Young workers

34 hours (under 16)
Labour Code §116

» Agricultural workers

The start and end of the working day in agriculture is permitted to vary depending on the nature of the work, the need for and urgency of the work, the season or any other reason, but shall not exceed 44 hours per week.
Labour Code Art.89

» Domestic work

Domestic workers are not subject to weekly limitation of working hours, but at least they shall enjoy one day of weekly rest with pay that may be acumulated up to three to be enjoyed consecutively.
Labour Code Art.80

OVERTIME WORK


Criteria for overtime


General

Overtime work may be performed only occasionally, when unforeseen, special or necessary circumstances arise and so demand it.

To allow workers to have a rest on the sixth working day and have both Saturday and Sunday as consecutive rest days every week, an hour of overtime can be fixed daily in order to make up for work that should have otherwise been performed on Saturday.
Labour Code Art.170

Limits on overtime hours

Relevant provisions on the "limits on overtime hours" have been not identified.

Compensation for overtime work


Overtime rate(s)

Overtime work shall be remunerated with a 100% increase over the basic salary per hour.
Labour Code Art.169
Historical data (year indicates year of data collection)
  • 2009: 100% increase
  • 2007: 100% increase
  • 1995: 50% premium for the first 4 hours, 100% thereafter.

Exceptions

Overtime work carried out in cases of force majeure such as fires, earthquakes or similar reasons, shall be remunerated with the normal salary.
Labour Code Art.169

Compensatory rest

A worker shall be entitled to his basic wages in respect of a compensatory rest day, which shall be granted during the same working week or the working week immediately following. A compensatory rest day shall be treated as a day of actual work for the purposes of completing the working week in which it falls.
Labour Code §176

Notice of requirement to work overtime


General provisions

Overtime working hours shall be agreed between the parties and not imposed by the employer.
Labour Code Art.170

Special categories


Young workers

Workers under 16 years old shall not perform more than 2 overtime hours.
Labour Code Art.116

Agricultural workers


SCHEDULES


General

The employer shall scheduled the hours of work, but later modifications shall be done with the workers’ consent. In case of dispute, the Labour General Director shall resolve.
Labour Code Art.165

Exceptions

In special circumstances the daily hours of work may be split into three parts in a 12 hours reference period, and subjecto to the approval of the Labour General Director.
Labour Code Art.164

Compressed workweek

For the purpose to allow workers to rest on Saturday and Sunday, it may be agreed work an extra hour daily. Such an agreement requires the approval of the Labour General Director.
Labour Code Art.170

REST PERIODS


Rest breaks


General provisions

If the working day is not divided into two periods, the working schedule shall fix the times where the workers shall have their breaks in order to have their meals and to rest. The length of these breaks is 30 minutes, and shall be included in the working time.
Labour Code Art.166
Historical data (year indicates year of data collection)
  • 2009: If the working day is not divided into two periods, the working schedule shall fix the times where the workers shall have their breaks in order to have their meals and to rest. These breaks of half an hour shall be included in the working time.
  • 2007: If the working day is not divided into two periods, the working schedule shall fix the times where the workers shall have their breaks in order to have their meals and to rest. These breaks of half an hour shall be included in the working time.
  • 1995: 30 minutes.

Daily rest periods


Duration

Employers shall provide to the workers a rest of at least eight hours between shifts.
Labour Code Art.167
Historical data (year indicates year of data collection)
  • 2009: A break of at least eight hours shall be observed between the end of one day, and the beginning of the next, whether or not overtime has been worked.
  • 2007: A break of at least eight hours shall be observed between the end of one day, and the beginning of the next, whether or not overtime has been worked.
  • 1995: 8 hours.

Special categories


» Domestic work

Domestic workers shall enjoy at least 10 hours of rest between shifts.
Labour Code Art.80

Weekly rest periods


Duration


» General

All workers are entitled to enjoy one day of paid weekly rest.
Labour Code Art.171
Historical data (year indicates year of data collection)
  • 2009: 1 day
  • 2007: 1 day
  • 1995: 1 day.

Day specified


» General

The weekly rest day is Sunday and is enjoyed with pay.
Labour Code Art.173

» Exceptions

The employers of undertakings in which the work is performed continuously or which renders public services may schedule another day of weekly rest, following the authorization of the Labour General Director.
Labour Code Art.173

Work on weekly rest day


» Compensation (for working on a rest day)

Where are worker agrees with his employer to work on a day fixed by law or contract as his weekly rest day, he shall be entitled to his basic wages for that day, plus at least 50% for any hours so worked, and to a compensatory rest day with pay.
Labour Code Art.175

Special categories


» Agricultural workers

Agricultural workers are entitled to enjoy one day of paid weekly rest, which normally is the Sunday. However, when the work by its nature cannot be postponed or interrupted, the weekly rest day may be enjoyed other day.
Labour Code Art.91,92

» Domestic workers

Domestic workers shall enjoy one day of weekly rest with pay that may be acumulated up to three days to be enjoyed consecutively.

However, domestic workers are obliged to work on a weekly rest day if so request the employers. In that case the worker is entitled to enjoy an increment of 100% of the ordinary wage.
Labour Code Art.80,81

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to enjoy annual leave, the worker shall have performed one year of uninterrupted employment in the same undertaking or establishment or under the orders of the same employer.
Labour Code Art.177

Duration


» General

The length of annual leave is 15 days.
Labour Code Art.177
Historical data (year indicates year of data collection)
  • 2009: 15 days of annual leave.
  • 2007: 15
  • 1995: 15 days.

Payment


» Amount

The annual leave will be remunerated with a sum equivalent to his ordinary wage for that period of time plus 30% of that sum.
Labour Code Art.177

» Date of payment

The annual leave remuneration shall be paid before the leave starts and shall be calculated for the total of the days falling between the date of his departure and the date of return to work.
Labour Code Art.185

Schedule and splitting

It is not permitted to divide or accumulate the periods of annual leave. It is an obligation for the employer to grant such leave and for the worker to take it.
Labour Code Art.188

Work during annual leave

Whereas the employer has the obligation to grant a worker his leave, the worker shall have the obligation to take it.
Labour Code Art.188

PUBLIC HOLIDAYS


Number and dates

The workers are entitled to 9 public holidays with pay: January 1st; Maundy Thursday, Good Friday and saturday, May 1st, August 6th, September 15th, November 2nd, and December 25th.
In addition, also August 3rd and 5th in San Salvador, and the main day of the most important local festival, depending on the custom, in the Republic of El Salvador.
Labour Code Art.190

Payment

Public Holidays shall be enjoyed with pay.
Labour Code Art.191

Work on Public Holidays


» Criteria

In those undertakings rendering public services or essential for the community, the employer shall determine the number of employees who shall remain at work on public holidays, for the purpose of not interrupt the service.
In this situation may be affected the following categories of workers:
-Workers employed in recreation services.
-Workers employed in the sell of essential consumer goods.
-Workers employed in hotel and restaurant services.
-Workers employed in health services
-Workers employed in activities which by their nature cannot be interrupted.
Labour Code Art.193

» Compensation

Employees who work during public holidays shall be entitled to their daily wage and an additional 100% of their ordinary wage.
Labour Code Art.192

EMERGENCY FAMILY LEAVE

The Labour Code states that the employer shall provide an emergency family leave to all workers for fulfill "the obligations which objectively require their presence", such is the case of death or sickness of the spouse, parents or children, or any other person economically dependant on the worker.

The lenght of such emergency leave has the duration needed for addressing the emergency, although the employer shall only be obligated to pay the worker the equivalent to two days the ordinary salary per month and up to a maximum to one year.
Labour Code Art.29(6b)

PART-TIME WORK

Relevant provisions on "part-time work" have been not identified.

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between 7 p.m. and 6 a.m. of the following day.
Any person whose working day includes more than four hours during night-time shall be deemed to be employed in night work for the purposes of the number of hours worked.
Labour Code Art.161

Limits


Daily hours limit

The hours of work during night-time shall not exceed 7 hours per day.
Labour Code Art.161

Weekly hours limit

The hours of work during night-time shall not exceed 39 hours per week.
Labour Code Art.161

Compensation

Work carried out during the night will be paid at least with 25% more than the ordinary wage determined for day work.
Labour Code Art.168

Special categories


Young workers

Night work is prohibited for young workers under 18 years old.
Labour Code Art.116

SHIFT WORK

Relevant provisions on "shift work" have not been identified.

ON-CALL WORK

Relevant provisions on "on-call work" have not been identified.

FLEXITIME

Relevant provisions on "flexitime" have not been identified.

CASUAL WORK

Relevant provisions on "casual work" have not been identified.

SHORT-TIME WORK/WORK-SHARING

Relevant provisions on "short-time work" have not been identified.

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on "right to change working hours" have not been identified.

INFORMATION & CONSULTATION

Relevant provisions on "information and consultation" have not been identified.

Results generated on: 22nd August 2014 at 01:58:19.
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