All workers in probationary periods and temporary workers must be enrolled in the Salvadoran Social Security Institute (ISSS) regime according to a labor code reform approved in July by the Legislative Assembly.

This was the topic of conversation in an edition of the program "The 5 Legal Minutes" on Radio Femenina, where our lawyer from the Labor and Immigration Law Department, Daniela Deras, explained to the audience all the details of the recent change to the 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 "businesses belonging to the domestic sector, as they have a special regime with Social Security."

Now, Article 29 of the Labor Code establishes that employers must enroll their workers in the ISSS regime, according to the deadlines and terms imposed by the Social Security Law and its Regulations. Workers in probationary periods and temporary workers are not exempt from this obligation.

Furthermore, Deras clarified that enrollment must be done within the deadlines and terms set by the Labor Code, the Social Security Law and its Regulations, the Law for the Prevention and Control of Infection caused by the Human Immunodeficiency Virus, and other sources of labor obligations.

In the event that an employer fails to comply with this process, they may face fines of up to $57.14. However, Deras brought up the discussion of the new reform on fines for labor violations, which establishes a range of fines according to the size of the company.

"For example, for companies with up to 10 workers, the fine can be up to two minimum wages; for 50 workers, it is four minimum wages; for 50 to 100 workers, it is eight minimum wages; and companies with 100 employees could face fines of up to twelve minimum wages for each violated benefit," she added.

For more information about changes in labor legislation, you can contact us through our social media or at our offices.


-Written by the Torres Legal Team.