García & Bodán

COVID-19: Legal Provisions in El Salvador

In El Salvador, a State of National Emergency, State of Public Calamity and Natural Disaster was decreed throughout the territory of the Republic as a result of the COVID-19 Pandemic for a period of 30 days, by means of Legislative Decree No. 593 published in the Official Gazette on March 14, 2020. In the current labor legislation, it is not expressly established that the State of Emergency is a cause for the suspension of the work contract. Notwithstanding the above, in view of the fact that such situation is not regulated in our Labor Code, the Legislative Assembly and the Presidency of El Salvador have issued regulations of strict compliance, establishing in the aforementioned decree in its Article 05 the following:

Similarly, by means of an official communication from the Presidency of the Republic, the following measures were taken to be implemented as of March 17 of the present, and for a period of 30 days:

On Saturday, March 21, Decree 12 was issued in the field of Health, which also has its legal basis in Decree 593 mentioned above. In this decree is a quarantine domicile for the entire national territory, from the following measures:

Penalties: Companies that do not comply with the above-mentioned closure provisions will be fined and closed with a cordon sanitaire indefinitely.

It is worth mentioning that all the decrees are constantly being reformed, so they will be made known as they come into force.

Oscar Torres Cañas
Partner
García & Bodán
El Salvador