By: Mario Costa and Manuel Morales
In February 2023, the Republic of El Salvador Legislative Assembly approved with 82 votes, add Article 113-A to the Labor Code, reforming the law body; an amendment to guarantee the dismissed pregnant women’s reinstatement, as a precautionary measure or as an effect of the sentence effect.
With this amendment, the judges in labor matters will be able to decree ex officio or at the request of a part, the precautionary women reinstatement measure who have been dismissed in pregnancy state.
It is important to state that the incorporation of the aforementioned article has arisen as compliance with the judgment issued by the Constitutional Chamber on September 30, 2018 (reference 62-2018/50-2019), by means of which the Chamber declared the unconstitutionality by total omission in which the Legislative Assembly has incurred by not having regulated the aforementioned guarantee; at the same time, ordering said Assembly to carry out the necessary amendments in order to fill the regulatory absence.
This amendment will become effective eight days after the date of its publication in the Official Gazette, and its publication is still awaiting as of this date.
If you have any questions about this amendment, please contact us at the following e-mail addresses:
Mario Costa
Associate Attorney/Corporate Head
mcosta@latinalliance.co
Norma Villalobos
Associate Attorney
nvillalobos@latinalliance.co