El Salvador

The work is a social function, [it] enjoys the protection of the State, and it is not considered an article of commerce.
The State will employ all of the resources that are within its reach [in order] to provide [an] occupation for the worker, manual or intellectual, and to assure him and his family the economic conditions for a dignified existence. In equal form it will promote the work and the employment of the persons with physical, mental or social limitations or disabilities. (Art. 37)

Work will be regulated by a Code which shall have as [its] principal objective the harmonizing of the relations between the employers [patronos] and [the] workers, establishing their rights and obligations. It shall be founded in general principles that tend to the improvement of the living conditions of the workers, and will especially include the following rights:
1) In a same business or establishment and in identical circumstances, to equal work must correspond [an] equal remuneration for the worker, without regard for [their] sex, race, creed, or nationality;
2) Every worker has the right to earn a minimum salary, which shall be set periodically. To set this salary[,] attention will be given to the cost of living, [to] the type of work, [to] the different systems of remuneration, [to] the distinct zones of production, and to other similar criteria. This salary must be sufficient to satisfy the normal necessities of the home of the worker in the material, moral and cultural orders.
For piecework [trabajos a destajo], contract work [por ajuste] or work for a lump sum [precio alzado], it is obligatory to assure the minimum wage per day ['ornada] of work;
3) The salary and the social payments [prestaciones], in the quantity determined by the law, are unattachable and cannot be compensated or retained, except for food [provision] obligations. The amounts for social security, union quota, or tax obligations, may also be retained. The implements [instrumentos] of labor of the worker are unattachable;
4) The salary must be paid in [the] current legal currency [moneda de curso legal].
The salary and the social payments constitute privileged credits in relation to the other credits that could exist against an employer [patrono];
5) The employers shall give their workers a premium [prima] for each year of work. The law will establish the form in which its quantity will be determined in relation to the salaries;
6) The ordinary workday [jornada] of effective daytime work will not exceed eight hours, and the work week [will not exceed] forty-four hours.
The maximum overtime hours [horas extraordinarias] for each type of work will be determined by the law.
Night work [jornada nocturna] and the [work] fulfilled in dangerous or unhealthy tasks, will be inferior to the daytime [work] and will be regulated by the law. The limitation of working hours will not be applied in cases of force majeure.
The law will determine the extension of the pauses that will interrupt the workday when, attending to biological reasons, the rhythm of the [pending] tasks so demands, and of those that must intercede between two workdays.
Overtime hours and night work will be remunerated with a surcharge [recargo];
7) Every worker has the right to one day of remunerated rest for each work week, in the form required by the law.
The workers who do not enjoy [a] rest [period] on the previously indicated days, will have the right to [an] extraordinary remuneration for the services rendered on those days and to compensatory leave;
8) The workers will have the right to remunerated rest on the holidays [días de asueto] that are designated by the law; [the law] will determine the types of work for which this provision will not apply, but in such cases, the workers will have the right to an extraordinary remuneration;
9) Every worker that accredits a minimum provision of services [performed] during a given period, will have the right to an annual paid vacation in the form determined by the law. The vacations may not be compensated in money, and to the obligation of the employer to grant them[,] corresponds the obligation of the worker to take them;
10) The minors of fourteen years of age or less, and those that having reached this age still remain subject to obligatory education by virtue of the law, may not be occupied in any type of work.
Their occupation can be authorized when it is considered indispensable for their subsistence or that of their family, provided that this does not prevent [the] compliance with the minimum of the obligatory education.
The workday of the minors of sixteen years of age cannot be more than six hours a day and thirty-four hours a week, in any kind of work.
Unhealthy or dangerous work is prohibited for persons under eighteen years of age and for women. Night work is also prohibited for persons under eighteen years of age.
The law will determine the dangerous and unhealthy labors;
11) The employer who discharges [despida] a worker without [a] just cause is obligated to indemnify him in accordance with the law;
12) The law will determine under which conditions employers are obligated to pay their permanent workers, who resign from their work, an economic compensation [prestación] which amount will be set [fijará] in relation to their salaries and the time of service.
The resignation produces its effects without the need for acceptance by the employer, but the refusal of the latter to pay the corresponding compensation constitutes a legal presumption of unfair discharge.
In the case of total and permanent disability or [the] death of the worker, the worker or his or her beneficiaries will have the right to the compensations they would receive in the case of voluntary resignation. (Art. 38)

A system of professional training [formación] is established for the preparation and qualification of [the] human resources.
The law will regulate the scope, extent and form in which the system will be put into force.
The contract of apprenticeship will be regulated by the law, with the objective of assuring the apprentice training for an occupation [oficio], dignified treatment, equitable remuneration, and benefits for pension [previsión] and social security. (Art. 40)

The domestic worker [trabajador a domicilio] has the right to an officially designated minimum salary, and to the payment of indemnification for time lost by motive of the delay of an employer in ordering or receiving [the] work or for the arbitrary or unjustified suspension of [the] work. A juridical situation [that is] analogous to [that of] the rest of the workers will be recognized for the domestic workers, taking into consideration the peculiarity of their labor. (Art. 41)

The working woman will have the right to remunerated leave before and after childbirth, and to the conservation of her employment.
The laws will regulate the obligation of the employers to install and maintain rooms for infants [salas cunas] and day care places [lugares de custodia] for the children of the workers. (Art. 42)

The employers are obligated to pay indemnification, and to provide [the] medical, pharmaceutical and other services established by the laws, to the worker who suffers a work accident or any occupational disease. (Art. 43)

The law will regulate the conditions that must be met by workshops, factories, and work sites [locales].
The State will maintain a technical inspection service in charge of [encargado] seeing that the legal norms of labor, assistance, pension, and social security are strictly complied with, in order to verify their results and to suggest the pertinent reforms. (Art. 44)

The agricultural and domestic workers have the right to protection within matters of salaries, working hours, rests, vacations, social security, indemnification for dismissal and, in general, to social benefits. The extent and nature of the rights previously mentioned will be determined by the law in accordance with the conditions and peculiarities of the work. Those who render services of domestic character in industrial and commercial businesses, [in] social entities and in others [that are] similar, will be considered manual workers and will have the rights recognized to these. (Art. 45)

The social security constitutes a public service of an obligatory character. The law will regulate its scope, extent, and form.
Said service shall be rendered by one or various institutions, which must observe among them an adequate coordination to assure a good policy of social protection, in [a] specialized form and with optimum utilization of resources.
The employers, workers, and the State will contribute to the payment of the social security in the form and quantity determined by the law.
… (Art. 50)

The law will determine the businesses and [the] establishments that, due to their special conditions, are required to provide, the worker and his family, [with] suitable housing, schools, medical assistance and [the] other services and attentions necessary for their well being. (Art. 51)

The rights consecrated in favor of the workers are irrenounceable.
The enumeration of the rights and benefits to which this chapter refers, does not exclude [the] others that derive from the principles of social justice. (Art. 52)