New arrivals – January 30, 2019
In this law, it is established that "they have the right to enjoy the provision of nurseries and places of custody, established in the workplace or in a different place within the same geographical area, from the end of the postnatal period until three years of age of the minor, public sector workers, private companies, official autonomous institutions and municipalities.”
One of the achievements of the Legislative Assembly of El Salvador in the month of June of the year 2018, was to approve the Special Law for the regulation and installation of Nursery Rooms for the children of workers; complying with a Judgment of the Constitutional Chamber that ordered them to comply with the Constitution of the Republic, to create a law that regulates the obligation of employers to install and maintain nurseries and places of custody for the children of workers; mandate that had been postponed for years.
In this sense, the purpose of this law is to regulate the conditions under which employers who have one hundred or more workers working for them, will implement the nursery service in favor of their workers; and grants them a period of 24 months to comply with this obligation; In other words, as of June 2020, employers will be required to guarantee this constitutional right to their workers.
It is important to know the modalities that the same law confers on employers to implement the nursery service and places of custody, since the modality selected will depend on the conditions of each company. At the same time, the employer that does not comply with this obligation must be taken into account, it will be sanctioned with a fine of five to eight minimum wages (from $300 to $2,400); without being exempted from complying with the law.