El Salvador - Repository of Actions on Paid Domestic Work

Regulatory Information  
Ratification of the 189 ILO Convention   No.  
Existence of an internal regulation for domestic work   

Yes.   

 

Constitution of the Republic of El Salvador. Consult here.   

 

Labour Code of the Republic of El Salvador. Consult here.  

 

Decree No. 74 of May 31, 2010, which established the regulations for the creation and application of the Special Health and Maternity Regime for Domestic Workers. Consult here.  

 

In Salvadorian legislation, the “Domestic Worker” is regulated in the following laws:  

 

  1. In Article 45 of the Constitution of the Republic, it recognizes this work: “Farm and domestic workers have the right to protection in terms of wages, working hours, breaks, vacations, social security, compensation for dismissals and, in general, to social benefits, the extent and nature of the aforementioned rights will be determined by law in accordance with the conditions and peculiarities of the work, those who provide services of a domestic nature in industrial, commercial companies, social entities and other comparable, will be considered as manual workers and will have rights recognized for them . ” 

 

  1. Article 77 of the Labor Code established who will be considered domestic service workers, in the following way: “Domestic service workers are those who habitually and continuously dedicate themselves to the tasks of a home or other place residence or private room, which does not imply profit of business for the employer”. 

 

  1. In Article 2 of the Executive Decree No. 74, of the Regulations for the Creation and application of the Special Health and Maternity Regime for Domestic Workers, of the Salvadorean Social Security Institute (ISSS) in which it textually states the following: “For the purpose of this Decree, a domestic worker is considered to be any person who performs dependent tasks on a regular or continuous basis, in the home or another place of residence or private rooms, that does not amount to profit or business for the employer”. 

 

In the case of migrant domestic workers, the same regulations apply as national workers; since the same Constitution of the Republic established them in Article 96: “Foreigners from the moment they arrive in the territory of the Republic, will be strictly obliged to respect the authorities and to obey the laws and will acquire the rights to be protected by them”.  
Areas of Intervention   
1. Training and professionalization  

Workers:  

 

Through the General Directorate of Labor of the Ministry of Labor and Social Welfare, personalized advice is given to domestic workers regarding the creation and granting of the Legal Personality of new union organizations.  

 

Likewise, union leaders are given training regarding the process of registering the Boards of Directors of union associations, as well as the necessary documentation to request the procedure and its respective legal basis; this to guarantee the knowledge of the law on the part of the workers.  

 

It is important to clarify that according to the sixth paragraph of Article 47 of the Constitution of the Republic and Article 225 of the Labor Code, they establish that the members of the Boards of Directors of the unions must be Salvadoreans by birth; therefore, according to the legislation, foreigners can only be members, but not members of a Board of Directors of a union association.  

 

On the other hand, guidance is also given to domestic workers on the procedures carried out by the National Department of Social Organization of the General Directorate of Labor, regarding union activity.   

 

Likewise, the Directorate of International Labor Relations, within its Training Plan on International Labor Standards, carries out training processes for Ministry personnel on ILO Convention No. 189 on Domestic Workers. 

 

Employers:  

  

The Ministry does not appear to have training for employers of domestic workers at this time. 
2. Dissemination and awareness-raising   

Awareness Campaigns 

 

In 2015 and 2016: “WORK LIKE NO OTHER, RIGHTS LIKE ANY OTHER” Campaign, in order to promote compliance with the labor rights of paid domestic workers and the ratification of ILO Convention 189.  
3. Inspection 

The Ministry of Labor and Social Welfare, through the General Directorate of Labor Inspection, handles complaints from workers, including domestic workers; therefore, the Directorate verifies what has been reported in order to protect the labor rights of the worker (Articles 33, 43, 44, 45, 47 of the Law on Organization and Functions of the Labor and Social Welfare Sector - LOFSTPS).  

 
4. Social Security Coverage    The Government of El Salvador, through the Salvadorean Social Security Institute, has the employer and worker registration process for the affiliation of domestic service, which details the contribution percentages, as well as the format of the respective registration form on their website. Consult the worker form here and the employer form here.  
5. Alliances with social actors    The Ministry of Labor and Social Welfare, through the Gender Equity Unit, in May 2015, took the initiative to set up an Inter-institutional Committee for the study of Convention 189 with the aim of creating a space for coordination between key actor and with advocacy capacity that can position the work of domestic workers on the national agenda. The Committee is made up of five institutions: the Ministry of Labor and Social Welfare, the Ministry of Health, the Ministry of Foreign Relations, the Salvadorean Social Security Institute, the Technical and Planning Secretariat of the Presidency, and the Salvadorean Institute for the Development of Women.  
More information  

The status of migrant domestic workers is governed by the Special Law on Migration and Immigration.   

 

In the records of the National Department of Social Organizations, the following unions of Domestic Workers are registered to date:  

 

  • - Union of Domestic Workers of El Salvador (SITRADOMES) 

  • - Independent Union of Domestic Workers of Moncagua, San Miguel (SITDM) 

  • - Independent Union of Domestic Employees of San Miguel (SIEDOSAM) 

  • - Independent General Union of Workers in Similar and Related Domestic Trades of El Salvador (SGITRADOSAL) 

  • - Union of Salvadorean Paid Female Domestic Workers (SIMUTHRES) 

  • - Union of Paid Domestic Workers (UNSITRASEHR) 

  • - Union of Domestic and Care Workers of El Salvador (SITDCES) 

 

*Information reviewed and approved by the Ministry.