March 29, 2019
Jaime Solís / firstname.lastname@example.org
Partner BDS El Salvador
The Constitutional Chamber of the Supreme Court of Justice issued a judgment dated February 28, 2018, whereby the Legislative Assembly is ordered to issue within one year, counted from the day following the notification of the ruling, labor regulations developing the provisions of Article 51 of the Constitution of the Republic. This term expires on April 6, 2019, so for some companies, we are at the door of an important change on labor issues.
Firstly, it is important to know that Art. 51 of our Constitution reads as follows: “The Law shall determine the businesses and establishments that, due to their special conditions, are required to provide the worker and his/her family with adequate housing, schools, medical assistance and other services and care necessary for their well-being.” This constitutional provision had not been developed by the Legislative Assembly, which has failed to pass a law establishing in detail and precisely what type of businesses, establishments, and industries, shall be required, due to its features, to provide its workers and their families with social services and benefits in addition to salary.
In that sense, the Parliament has the challenge of complying with such constitutional provision, indicating the types of companies, industries, workers to which it will apply, under what conditions the benefits will be granted in addition to the salary and the way in which its compliance will be verified. All the above, meeting the deadline given by the Constitutional Chamber.
It is expected that the Assembly will impose the obligation to provide the worker and his family with housing, school, medical assistance and other necessary services and attentions on those companies which operation requires the transfer of personnel to geographical areas of the country with difficult access to such services.
We must be attentive to the passing of the Law regulating the provisions of Art. 51 in order to verify whether our company or industry is among those required to provide the workers, even to their families, with housing, education, medical assistance and other services and attentions necessary for their well-being in addition to salary, which will be an important issue to consider.