Any business or company located in El Salvador or anywhere in the world can be the victim of robbery or theft, but this type of crime becomes more complex to address if it has been committed by an insider, a worker. In these cases, the legal consequences are criminal and labor, and it is important to know what measures must be taken to protect the interests of the business or company, without violating the rights of the worker.
First of all, it is convenient to differentiate between theft and robbery. In both cases, the person seizes objects or money (movable property) from others, with the purpose of obtaining a benefit; but while robbery is characterized by the use of violence by one person towards another (threatening them with a firearm, for example), in theft the person uses methods that allow them to go unnoticed. However, in Salvadoran legislation theft can include violence against objects, such as breaking a window to enter a place, and even snatching the movable thing from the body of another person. In the workplace, the crime of theft occurs more frequently than robbery, since the person does not want to expose himself and lose his job.
However, as with any crime, it is necessary to file a complaint with the police so that they can initiate the investigation and determine if the person responsible is a worker or another person; but what is significant about this first step is that according to the Salvadoran Labor Code, if a worker is responsible and goes to provisional detention or is serving a prison sentence for a crime committed against the employer's property, it empowers the employer to dismiss him without responsibility, that is, without the obligation to indemnify him. Therefore, it is essential to request the advice of your lawyers from the beginning, since they are the ones who can best guide you on what to do (such as ways to collaborate with the investigation) or not to do (such as refraining from acts that could violate the rights of the workers), so that the case can be investigated and resolved satisfactorily.
But what if the employer doesn't want to sue the worker? Since the criminal route and the labor route operate independently of each other, the employer can dismiss the worker who is no longer trusted by him; the difference will be whether you should pay the worker compensation or not, which will depend on the specific case and the evidence you have. In any case, the employer must support the termination of the contract, since the worker who considers himself dismissed unjustifiably can make use of his right and go to the Ministry of Labor and Social Welfare to report said circumstance, and if an agreement is not reached. Between the parties, a judicial process could be initiated in which it would have to be proven if the dismissal was in fact without employer responsibility.
In conclusion, each case is different, because in addition to theft or robbery, other types of crimes can be committed, such as fraud or fraudulent administration, in which an investigation is always advisable; and on the other hand, on some occasions there will be no certainty of the commission of a crime, but there will be a loss of trust that also has labor consequences, so it is always essential to have a team of highly qualified lawyers at your service, such as at LatinAlliance, where we can provide you with the legal advice you need.