All temporary and probationary employess must be enrolled in the Salvadoran Social Security Institute (ISSS) regime according to a reform to the Labor Code approved in July by the Legislative Assembly.

This was the topic of conversation of an edition of the program “Los 5 minutos legales” of Radio Femenina, where our associate lawyer of the Labor and Immigration Department, Daniela Deras, explained to the audience all the details of the recent change to the Salvadoran labor regulations.

Our expert began by explaining that all companies and public institutions have the obligation to include their temporary and probationary employees. However, this duty of employers is exempted for “those businesses that belong to the domestic sector, since they have a special regime with the Social Security”.

Now, Article 29 of the Code establishes that employers must register their workers to the ISSS regime, according to the terms and terms imposed by the Social Security Law and its Regulations. Neither workers who complete their probationary period nor temporary workers are exempted from the above obligation.

In addition, Deras clarified that the registration must be within the terms and terms imposed by the Labor Code, the Social Security Law and its Regulations, the Law for the Prevention and Control of the Infection caused by the Human Immunodeficiency Virus, and other sources of labor obligations.

In case an employer does not comply with this process, they may be subject to penalties of up to $57.14. However, Deras brought up for discussion the new reform to fines for labor violations that establishes a range of fines according to the size of the company.

“For example, for companies with up to 10 workers the fine is up to two minimum wages, for 50 workers it is four minimum wages, for 50 to 100 it is eight minimum wages and those with 100 employees could pay a fine of up to twelve minimum wages for each benefit violated,” he added.

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