ROMERO PINEDA & ASOCIADOS informs you that May 31, 2018, the Legislative Assembly at its plenary session approved the “Special law for the regulation and installation of nurseries for employee´s children”.

The Law was approved based on the constitutional mandate established in Article 42, second paragraph of the Constitution of El Salvador, in force since 1983, retaken by the Constitutional Chamber of the Supreme Court of Justice when declaring the Parliament’s unconstitutionality by omission and imposing a period of 6 months to adopt the legal regulations, which expired on May 31, 2018.

The Law contains 15 articles and regulates the right of employees to have nurseries and daycare for their children, which ages range from 4 months to 3 years, during the working day of their father or mother.

According to the regulations approved, employers of the private sector with 100 or more employees will be obliged to fulfill this benefit, having the power to define and implement the modality by means of which will comply with this law. Failure to comply carries fines of between five and eight minimum wages.

For more information and legal assistance on the terms, modalities and conditions of compliance, please feel free to contact Beatriz Merino, Coordinator of the Labor Unit at (503) 2505-5555 or email bmerino@romeropineda.com.

We will be pleased to assist you.