Thursday, 23 February 2023 01:41

Legislative Assembly reforms the procedural part of the Labor Code

Written by Evelyn Alas

With the purpose of streamlining and simplifying the labor processes that are processed in a judicial manner, last february 8, 2023 the deputies of the Legislative Assembly of El Salvador approved with 69 votes the reform of a series of articles of the Fourth Book of the Labor Code that contains its Procedural Part. Among the reforms are the following:

  1. To access the common process the total amount of the claim must exceed the value of three minimum monthly salaries of the commerce and services sector. (Art. 378)
  1. Section One of Chapter II, of Title Two of Book Four is modified so that the "Single Instance Trial" is renamed "Abbreviated Process”
  1. Article 425 now determines that the amount to access the abbreviated process will be three minimum monthly salaries of the commerce and services sector.
  1. The term for the opening of evidence in the abbreviated process is increased to 6 days. Additionally, the legal existence of the legal entity and the quality of its legal representative must be accredited during the evidentiary term. Within the 6-day term, only testimonial evidence may be proposed within the first 4 days of said term.
  1. A term of 3 working days is established for the judge to pronounce sentence in the abbreviated process. This must be notified to the parties within 5 working days from the date on which it was issued.

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In the event that the court fails to comply with such deadlines, it may be fined one minimum daily wage of the commerce and services sector for each day of delay and the parties may apply to the High Court in grade pointing out the omission.

     6. Article 591 is amended to determine that whoever files the appeal in cassation, provided that it is not the working party or the party representing it who is appealing, must accompany the filing of the appeal with       proof of having deposited in the General Treasury of the Republic, the amount equivalent to 50% of a minimum monthly salary of the commerce and services sector to the order of the court that pronounced the           challenged sentence. Said amount will be delivered by the court to the employee in case the Chamber declares the appeal inadmissible.

The reforms will become effective eight days after their publication in the Official Gazette. To date there is still no publication date assigned for the Decree.

 

 Translated by: A.M