El Salvador is a Central American country bordering Honduras and
Guatemala. As well as the Pacific Ocean across the south. The official
language is Spanish and ethnically 86% is mixed. 84% Christians in terms
of religious beliefs.
Hereditary status or special benefits
are not as effective as in Britain. Appropriate remuneration must be
paid in return for the work, as well as consent must be accepted.
However, there will be exceptions during natural or similar disasters.
Children born in of wedlock or out of wedlock, and adopted children are
all equal. The right to equal pay is guaranteed.
These are positive aspects. Now let's discuss the negative aspects.
There is a kind of constitutional recognition of the religious justice
system. Parents have the right to make decisions about their children's
education. Special recognition has been given to the so-called tribals.
The church and its affiliates have been exempted from taxes.
Admirable Articles of El Salvador's Constitution
Article 3 (Part of it)
Hereditary offices and privileges are not recognized.
Article 9
No one shall be obligated to perform work or render personal services without fair remuneration and without their full consent, except in cases of public disaster and others specified by the law.
Article 20
The home is inviolable and can only be entered by consent of the person who inhabits it, a court order, a crime detected in the act or imminent danger of its perpetration, or grave risk of persons.
The violation of this right will allow reclamation of indemnity for the damages and losses caused.
Article 34
Every child has the right to live in familial and environmental conditions that permit his integral development, for which he shall have the protection of the State.
The law shall determine the duties of the State and shall create institutions for the protection of maternity and infancy.
Article 36 (Part of it)
Children born in or out of wedlock and adopted children, shall have equal rights before their parents. It is the obligation of these to give their children protection, assistance, education and security.
Article 38
Labor shall be regulated by a Code which shall have the principal objective of harmonizing the relations between employers and workers, establishing their rights and obligations. It shall be based on general principles that tend toward the improvement of the living conditions of workers, and shall include especially the following rights:
1st. In the same business or establishment and under identical circumstances, to equal work shall correspond equal remuneration for the worker, without regard for his sex, race, creed, or nationality;
2nd. Every worker has the right to earn a minimum wage, which shall be fixed periodically. To fix this wage, attention shall be paid above all to the cost of living, the type of work, the different systems of remuneration, the distinct zones of production, and other similar criteria. This wage shall be sufficient to satisfy the normal needs of the worker’s home in their material, moral and cultural aspects.
For piecework, contract work (por ajuste) or work for a lump sum (precio alzado), it is obligatory to assure the minimum wage per day (jornada) of work;
4th. The salary shall be paid in legal tender (moneda de curso legal). The salary and social benefits constitute privileged credits in relation to other credits that may exist against an employer;
5th. Employers shall give their workers a bonus for each year of work. The law shall establish the form in which one shall determine the quantity in relation to salaries;
6th. The ordinary workday (jornada) of effective daytime work shall not exceed eight hours, and the work-week shall not exceed forty-four hours;
The maximum hours of overtime (horas extraordinarias) for each type of work shall be determined by the law.
The night shift (jornada) and the shift that requires dangerous or unhealthy tasks shall be shorter than the daytime shift and shall be regulated by law.
The limitation on working hours shall not apply in cases of force majeure.
The law shall determine the length of pauses that shall interrupt the workday when, attending to biological reasons, the rhythm of tasks so demand, and of those that shall intercede between two workdays.
Overtime and night work shall receive additional remuneration (recargo);
7th. Every worker has the right to one day of remunerated rest for each work week, in the form required by law.
The workers who do not enjoy rest on the days previously indicated, shall have the right to additional remuneration for the services rendered on these days and a compensatory leave;
8th. Workers shall have the right to paid rest on the holidays (días de asueto) designated by law; [the law] shall determine the kind of work for which this disposition shall not apply, but in those cases, workers shall have the right to extraordinary remuneration;
9th. Every worker that accredits a minimum of services performed during a given period, shall have the right to an annual paid vacation in the form determined by law. Vacations shall not be compensated by money and, to the obligation of the employer to grant them corresponds the obligation of the worker to take them;
10th. Those less than fourteen years old, and those having reached this age but who remain subject to obligatory education in virtue of the law, may not be employed in any type of work.
Their employment shall be authorized when it is considered indispensable for their subsistence or that of their family, provided that this does not prevent compliance with the minimum of obligatory education.
The workday for those under sixteen years old 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 women. Night work is also prohibited for persons under eighteen years old. The law shall define (determinar) dangerous and unhealthful work;
11th. The employer who discharges a worker without just cause is obligated to indemnify him according to the law;
12th. The law shall determine under which conditions employers are obligated to pay their permanent workers who resign from their work an economic compensation (prestación), which amount shall be fixed in relation to their salaries and time of service.
Resignation produces its effects without the need for acceptance by the employer, but the latter’s refusal to pay corresponding compensation constitutes a legal presumption of unfair discharge.
In the case of total and permanent incapacitation or death of the worker, the worker or his beneficiaries shall have the right to the compensations they would receive in the case of voluntary resignation.
Article 78
The vote shall be free, direct, equal and secret.
Article 181
The administration of justice shall always be free of charge.
Facts of El Salvador's Constitution
Article 21
The laws shall not have retroactive effect, except in matters of public order and in penal matters if the new law is favorable to the offender.
The Supreme Court of Justice will always have the authority to determine, within its competence, if a law is or is not of public order.
Article 26
The juridical personality of the Catholic Church is recognized. The other churches may obtain recognition of their personality in conformity with the law.
Article 55 (Part of it)
Parents shall have the preferential right to choose the education of their children.
Article 63
The artistic, historical, and archeological wealth of the country form part of the Salvadoran cultural treasure, which shall be under the safeguard of the State and subject to special laws for its conservation.
El Salvador recognizes the indigenous peoples and will implement measures to maintain and develop their ethnic and cultural identity, worldview, values and spirituality.
Article 231
No taxes may be imposed except by virtue of a law and for the public service.
Churches and their dependencies immediately and directly designated for religious service are exempt from taxes on real property.
